OpenLegislation

Article 2 Interpretation

United Kingdom

(1)

In this Order—

  • “the Act” means the Sea Fish (Conservation) Act 1967;

  • “baselines” has the same meaning as in the Territorial Sea Act 1987f1;

  • “British fishing boat” means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995f2 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act, and in relation to Guernsey includes other fishing boats within the relevant definition as extended by the Sea Fish (Conservation) (Channel Islands) Order 1981f3;

  • “equivalent order” means any other order made under sections 1, 3 or 15 of the Act creating prohibitions similar to any of those in articles 3, 4, 5 and 6 of this Order and extending or applying to any part of the United Kingdom;

  • “ICES” followed by a roman numeral, a letter and a description shall be construed as a reference to the statistical sub-area of the International Council for the Exploration of the Sea with the same numeral, letter and description identified in the Schedule;

  • “Northern Ireland fishing boat” means a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;

  • “Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland;

  • “relevant British fishing boat” does not include a Northern Ireland fishing boat;

  • “scallop” means the species Pecten maximus;

  • “scallop dredge” means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops.

(2)

In this Order—

(a)

the term “within relevant British fishery limits” does not include—

(i)

the Northern Ireland zone;

(ii)

the territorial sea adjacent to Wales;

(iii)

the territorial sea adjacent to the Isle of Man; or

(iv)

the territorial sea adjacent to Jersey;

(b)

any reference to any relevant British fishing boat “wherever it may be” does not include a fishing boat in the territorial sea adjacent to Wales.

Annotations

Footnotes

f1

1987 c. 49.

f2

1995 c. 21.

f3

S.I. 1981/737, as modified by the Sea Fish (Conservation) (Channel Islands) (Amendment) Order 2001 (S.I. 2001/959).