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Paragraph 3

Original text. Later amendments are not shown.

For Part II of the Schedule there shall be substituted the following Part:

“PART II

GUERNSEY

1

Unless the context otherwise requires, any reference to the Sea Fisheries Act 1968 or to any other enactment shall be construed as a reference to that Act or that enactment, as the case may be, as it has effect in Guernsey.

2

Unless the context otherwise requires, any reference to British fishery limits adjacent to Guernsey shall be construed as a reference to that part of those limits not exceeding 12 international nautical miles of 1,852 metres from the baselines from which the breadth of the territorial sea adjcent to Guernsey is measured.

3

In section 5, after subsection (1) there shall be inserted the following subsection:

“(1A)

Any order made under subsection (1) above shall not come into force in Guernsey until registered in the Royal Court of Guernsey.”.

4

In section 7 —

(a)

in subsection (4), after “Ministers” there shall be inserted “whether before or after the coming into force of the Sea Fisheries (Channel Islands) (Amendment) Order 1989”, and

(b)

in subsection (5) there shall be added at the end “and (d) in relation to Guernsey, the States Civil Service Board”.

5

In section 10 —

(a)

after “British fishery limits” wherever occurring there shall be inserted “adjacent to Guernsey”, and (b) after “British fishing boat” wherever occurring there shall be inserted “registered in Guernsey”.

6

In section 12(1) —

(a)

the words “by a magistrates' court in England and Wales or Northern Ireland” shall be omitted;

(b)

for paragraph (a) there shall be substituted the following paragraph:

“(a)

by order authorise Her Majesty’s Sheriff to seize, detain and sell the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and”, and

(c)

in paragraph (b), for “any such warrant” there shall be substituted “such authority”.

7

In section 14, after “United Kingdom” there shall be inserted “or in Guernsey”.

8

For section 17 there shall be substituted the following section:

“17

Fishing boats or fishing gear lost or abandoned at sea and either —

(a)

found or taken possession of within the territorial waters adjacent to Guernsey, or

(b)

found or taken possession of beyond those waters and brought within those waters,

shall be treated as wreck.”.

9

In section 19(1)—

(a)

in the definition of “British fishing boat”, after “United Kingdom” there shall be inserted “or in the Isle of Man or in any of the Channel Islands”;

(b)

after the definition of “convention area” there shall be inserted the following definition:

““court” means the Royal Court or the Magistrate’s Court of the Island of Guernsey;”, and

(c)

for the definition of “enactment” there shall be substituted the following definition:

““enactment” includes any enactment in force in Guernsey or in any part thereof;”.

10

In Part II of Schedule 1, paragraphs 24 to 30, 34, 35, 37 and 39 shall be omitted.

11

In Part II of Schedule 2, the entries relating to the Sea Fisheries (Scotland) Amendment Act 1885f1, the Illegal Trawling (Scotland) Act 1934f2, the Sea Fish Industry Act 1938f3, the Sea Fish Industry Act 1951f4, the Sea Fisheries Regulation Act 196f5and the Sea Fisheries (Shell Fish) Act 1967f6 shall be omitted.”.

Annotations

Footnotes

f1

1885 c. 70

f2

1934 c. 18

f3

1938 c. 30

f4

1951 c. 30

f5

1966 c. 38

f6

1967 c. 83