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The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1987

S.I. 1987/1536 · Made 27 August 1987

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

COMMUNITY RESTRICTIONS

Made 27th August 1987

Laid before Parliament 2nd September 1987

Coming into force 3rd September 1987

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) of the Fisheries Act 1981f1, and all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1981 c. 29.

Contents

  1. 1Title and commencement
  2. 2Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  3. 3Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  4. 4Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  5. 5Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  6. 6Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  7. 7Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  8. 8Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
  9. Signature
  10. Explanatory note

1Title and commencement

This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1987 and shall come into force on 3rd September 1987.

2Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

The Sea Fishing (Enforcement of Community Control Measures) Order 1985f1 shall be amended in accordance with the following provisions of this Order.

3Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

In article 2 (interpretation) for the definition of “the Council Regulation” there shall be substituted the following definition—

  • ““the Council Regulation” means Council Regulation (EEC) No. 2241/87 establishing certain control measures for fishing activitiesf1”.

4Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

In article 3(2) (offences) for the words “article 3, 6, 7 or 8” there shall be substituted the words “article 5, 6, 7 or 8”.

5Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

(1)

In article 4(1) (penalties) for the words “article 2(2), 10(3) or 11” there shall be substituted the words “article 2(2), 11(3) or 13”.

(2)

In article 4(2) for the words “article 2(2), 10(3) or 11” there shall be substituted the words “article 2(2), 11(3) or 13”.

(3)

In article 4(3) for the words “article 3, 6, 7 or 8” there shall be substituted the words “article 5, 6, 7 or 8”.

6Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

(1)

In article 8(a) (powers of British sea-fishery officers to seize fish and nets) for the words “article 10(3)” there shall be substituted the words “article 11(3)”.

(2)

In article 8(b) for the words “article 11” there shall be substituted the words “article 13”.

(3)

In article 8(c)(i) for the words “article 11” there shall be substituted the words “article 13”.

(4)

In article 8(c)(ii) for the words “article 10(3)” there shall be substituted the words “article 11(3)”.

7Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

In article 12 (admissibility in evidence of logbooks and landing or trans-shipment declarations) for the words “article 3” there shall be substituted the words “article 5”.

8Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985

In the Schedule (Community provisions contravention of which constitutes an offence) in column 1 (provision of the Council Regulation), there shall be substituted—

(a)

in paragraph 2 for the words “Article 3” the words “Article 5”;

(b)

in paragraph 5 for the words “Article 10(3)” the words “Article 11(3)”;

(c)

in paragraph 6 for the words “Article 11” the words “Article 13”.

Signature

In witness thereof the official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th August 1987.

L.S.

John Slwyn Gummer

Minister of State, Ministry of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

27th August 1987

Ian Grist

Parliamentary Under Secretary of State, Welsh Office

26th August 1987

Tom King

Secretary of State for Northern Ireland

27th August 1987

Explanatory note

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Control Measures) Order 1985 as amended (“the 1985 Order”), in consequence of the consolidation and repeal of Council Regulation (EEC) No. 2057/82 as amended, by Council Regulation (EEC) No. 2241/87 establishing certain control measures for fishing activities.

In consequence of the consolidation the 1985 Order is amended—

(a)

by substituting a new definition of “the Council Regulation” (article 3); and

(b)

by replacing references to numbered articles where the article numbers of the consolidating Regulation differ from the numbers of corresponding articles of the Regulation repealed (articles 4 to 8).