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The Sea Fisheries Districts (Variation) Order 1993

S.I. 1993/2532 · Made 19 October 1993

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SEA FISHERIES

Made 19th October 1993

Coming into force 20th October 1993

The Minister of Agriculture, Fisheries and Food, on the application of the local fisheries committees for the Cornwall, Cumbria, Devon, Eastern, Kent and Essex, North– Eastern, Northumberland and Southern Sea Fisheries Districts, the Secretary of State, on the application of the local fisheries committee for the South Wales Sea Fisheries District and the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, on the application of the local fisheries committee for the North Western and North Wales Sea Fisheries District and after consultation with every council concerned, in exercise of the powers conferred by section 1 of the Sea Fisheries Regulation Act 1966f1 upon the said Minister and now, in relation to the South Wales Sea Fisheries District, vested in the Secretary of Statef2 and in relation to the North Western and North Wales Sea Fisheries District vested in the said Minister and the Secretary of State acting jointlyf3, and of all other powers enabling them in that behalf, hereby make the following order, a draft of which has lain before Parliament for forty days prior to its being made:

Annotations to the whole text

Footnotes

f1

1966 c. 38, amended by the Local Government Act 1985 (c. 51), section 16 and Schedule 8, paragraph 19; see section 20(1) for the definition of “the Minister”.

f2

By the Transfer of Functions (Wales) Order 1969, Schedule 2, paragraph 6(d) (S.I. 1969/388) and the Transfer of Functions (Wales) (No. 1) Order 1978, Schedule 1 (S.I. 1978/272).

f3

By the Transfer of Functions (Wales) Order 1969, Schedule 2, paragraph 6(d) (S.I. 1969/388).

Contents

  1. 1Title and commencement
  2. 2Cornwall Sea Fisheries District
  3. 3Cumbria Sea Fisheries District
  4. 4Devon Sea Fisheries District
  5. 5Eastern Sea Fisheries District
  6. 6Kent and Essex Sea Fisheries District
  7. 7North–Eastern Sea Fisheries District
  8. 8Northumberland Sea Fisheries District
  9. 9North Western and North Wales Sea Fisheries District
  10. 10Southern Sea Fisheries District
  11. 11South Wales Sea Fisheries District
  12. Signature
  13. Explanatory note

1Title and commencement

This Order may be cited as the Sea Fisheries Districts (Variation) Order 1993 and shall come into force on 20th October 1993.

2Cornwall Sea Fisheries District

The Order made by the Board of Trade on 28th March 1890f1 (which created the Cornwall Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District), for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

  • “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

3Cumbria Sea Fisheries District

The Order made by the Board of Trade on 21st February 1895f1 (which created a sea fisheries district then called “the Cumberland Sea Fisheries District” and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District), for the words—

  • “within three nautical miles from the baselines” in each place where they occur there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

  • “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

4Devon Sea Fisheries District

The Order made by the Board of Trade on 31st March 1892f1 (which created the Devon Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District), for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

  • “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

5Eastern Sea Fisheries District

The Order made by the Board of Trade on 7th November 1893f1 (which created the Eastern Sea Fisheries District and constituted a local fisheries committee for the regulation of sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District), for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

  • “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

6Kent and Essex Sea Fisheries District

The Order made by the Board of Trade on 5th May 1890f1 (which created the Kent and Essex Sea Fisheries District and consituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District), for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

  • “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

7North–Eastern Sea Fisheries District

The North–Eastern Sea Fisheries District Order 1986f1 shall be varied as follows—

(a)

in article 2 (Sea fisheries district) for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 2, there shall be inserted the following paragraph—

“(4)

In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

8Northumberland Sea Fisheries District

The Order made by the Board of Trade on 20th March 1890f1 (which created the Northumberland Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District) for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

“3

In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979.”

9North Western and North Wales Sea Fisheries District

The North Western and North Wales Sea Fisheries District Order 1986f1 shall be varied as follows—

(a)

in article 2(1) (Sea fisheries district) for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 2, there shall be inserted the following paragraph—

“(5)

In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

10Southern Sea Fisheries District

The Southern Sea Fisheries District Order 1989f1 shall be varied as follows—

(a)

in article 2(1) (Sea Fisheries District) for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 2, there shall be inserted the following paragraph—

“(6)

In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

11South Wales Sea Fisheries District

The Order made by the Board of Agriculture and Fisheries on 27th June 1912f1 (which created the South Wales Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows—

(a)

in article 1 (Creation of District), for the words—

  • “within three nautical miles from the baselines” there shall be substituted—

  • “within six nautical miles from the baselines”;

(b)

at the end of article 1, there shall be inserted the following paragraph—

  • “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964f2 as amended by the Territorial Waters (Amendment) Order in Council 1979f3.”

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1993.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

19th October 1993

Explanatory note

(This note is not part of the Order)

This Order varies the provisions of the Sea Fisheries District Orders for the Cornwall, Cumbria, Devon, Eastern, Kent and Essex, North–Eastern, Northumberland, North Western and North Wales, Southern and South Wales Sea Fisheries Districts by providing that the district shall comprise so much of the sea as is within six miles of the baselines (formerly three miles).

This Order also substitutes a new definition of “the baselines” to comply with the judgment of the European Court of Justice in Re Territorial Sea: EC Commission v United Kingdom (Case 146/89) [1991] 3 CMLR 649.

Copies of the orders which created the Cornwall, Cumbria, Devon, Eastern, Kent and Essex, Northumberland and South Wales Sea Fisheries Districts are available from the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR.