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The Sea Fishing (Licences and Notices) Regulations 1994

S.I. 1994/2813 · Made 1 November 1994 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

SEA FISHERIES

CONSERVATION OF SEA FISH

Made 1st November 1994

Laid before Parliament 3rd November 1994

Coming into force 19th December 1994

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, acting jointly in exercise of the powers conferred on them by sections 4B and 22(2)(a) of the Sea Fish (Conservation) Act 1967f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked: (S.) (1.4.2011) by The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.S.I. 2011/70), regs. 1(1), 7 (with reg. 8); (E.) (6.4.2012) by The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827), regs. 1(1), 7; and (N.I.) (8.8.2014) by The Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014 (S.R. 2014/209), regs. 1(1), 7

Footnotes

f1

1967 c. 84; section 4B was inserted by section 4 of the Sea Fish (Conservation) Act 1992 (c. 60); section 22(2)(a) which defines “the Ministers” for the purposes of section 4B was amended by the Fisheries Act 1981 (c. 29), sections 19(2)(d) and 45(b).

Contents

  1. 1Citation, commencement , application and interpretation
  2. 2Communication of licences and notices
  3. 3Granting of licences and giving of notices
  4. 4Time at which licences and notices to have effect
  5. 5Special provision for certain licences and notices
  6. Signature
  7. Explanatory note

1Citation, commencement , application and interpretationF1F7I1

(1)

These Regulations may be cited as the Sea Fishing (Licences and Notices) Regulations 1994 and shall come into force on 19th December 1994.

(F21A)

These regulations apply in relation to—

(a)

licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Welsh fishing boats;

(b)

licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and

(c)

licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i)

in respect of Welsh fishing boats, or

(ii)

by the Welsh Ministers in respect of foreign fishing boats.

(2)

In these Regulations–

  • “electronic means” includes facsimile transmission and any method of transferring data by computer;

  • “fishing boat” means any fishing boat or other vessel in respect of which a licence may be granted;

  • F3“licence” means a licence to which these regulations apply (see regulation 1(1A));

  • “newspaper” means a newspaper circulating within the United Kingdom or within any part of the United Kingdom and includes any journal, magazine or other periodical publication so circulating;

  • “nominee” means either–

    1. (a)

      an individual resident in the United Kingdom, or

    2. (b)

      a body incorporated F4, and having a place of business, in the United Kingdom,

  • appointed by the owner or charterer of a fishing boat to receive, on his behalf, licences and notices communicated in accordance with these Regulations;

  • “notice” means any notice of variation, suspension or revocation of a licence, whether that licence was granted before or after the coming into force of these Regulations;

  • F5“sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(1A)(a) or (b);

  • F6“temporary foreign vessel licence” means a licence that—

    1. (a)

      is granted in respect of a foreign fishing boat, and

    2. (b)

      has effect for a period of no more than three weeks;

  • “Welsh fishing boat” means a fishing boat—

    1. (a)

      which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

    2. (b)

      whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

2Communication of licences and noticesF1I1

(1)

A licence F2, other than a temporary foreign vessel licence, shall be granted to the owner or charterer of a fishing boat by communicating it to F3an appropriate recipient–

(a)

personally,

(b)

by sending it to him by post at his address or place of business,

(c)

by leaving it at his address or place of business or in the hands of any person there, or

(F4d)

subject to paragraph (6), transmitting it to the appropriate recipient by means of an electronic communication to an address which the appropriate recipient has specified in accordance with sub-paragraph (b) of that paragraph.

(F52)

A notice shall be effected by communicating it to an appropriate recipient—

(a)

in any of the ways specified in paragraph (1);

(b)

by publishing it on a website, the address of which is indicated on the licence to which the notice relates; or

(c)

in accordance with paragraph (3).

(F62A)

In paragraphs (1) and (2), “an appropriate recipient” means—

(a)

in relation to a licence or notice relating to a Welsh fishing boat—

(i)

the owner or charterer of the fishing boat, or

(ii)

a nominee of that owner or charterer;

(b)

in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat.

(2B)

A temporary foreign vessel licence shall be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

(a)

transmitting it to the relevant person by means of an electronic communication, and

(b)

subsequently publishing it on the website of the Welsh Ministers or of a person granting the licence on their behalf.

(2C)

In paragraph (2B), “the relevant person”, in relation to a foreign fishing boat, means—

(a)

if the fishing boat is registered in a member State, the European Commission;

(b)

if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.

(3)

A notice which varies, suspends or revokes–

(a)

all sea fishing licences,

(b)

all sea fishing licences authorising fishing for one or more specified descriptions of sea fish,

(c)

all sea fishing licences authorising fishing in one or more specified areas,

(d)

all sea fishing licences authorising fishing by a specified method or methods, or

(e)

all sea fishing licences authorising fishing by reference to a combination of two or more of the matters referred to in sub-paragraphs (b) to (d) hereof,

F7... may be effected by publishing it in a newspaper.

(4)

A notice published in accordance with paragraph (3) hereof shall either–

(a)

provide that it applies to all sea fishing licences, or

(b)

specify those sea fishing licences to which it relates by reference to species, area or method or any combination thereof,

but shall not require to specify the name or port letters and number, or the name of any owner or charterer, of any fishing boat.

(F85)

A notice, other than a notice published in accordance with paragraph (3), must—

(a)

specify the name, port letters and number of the fishing boat named in the licence to which the notice relates, or

(b)

in the case of a notice in respect of two or more licences, specify the name, port letters and number of the fishing boats named in the licences.

(6)

A licence, other than a temporary foreign vessel licence, or notice may be communicated to a person by means of an electronic communication only if the following conditions are met—

(a)

the use of the electronic communication results in the information contained in the licence or notice being available to the person in all material respects as it would appear in a licence or notice given in printed form, and

(b)

the person has specified an address for the purpose of receiving such communications.

3Granting of licences and giving of noticesF1F9I1

(1)

A licence or a notice communicated personally shall be treated as F2granted or given immediately it is communicated.

(2)

Subject to paragraph (5) hereof, a licence or a notice communicated by post shall be treated as F3granted or given 48 hours after the end of the day on which it was posted.

(3)

A licence F4, other than a temporary foreign vessel licence, or a notice communicated by leaving it at F5an address or place of business or in the hands of a person there or by transmission by electronic means shall be treated as F6granted or given 24 hours after the time of such communication.

(F73A)

In relation to a licence or notice transmitted by electronic means at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour.

(3B)

A notice communicated in accordance with regulation 2(2)(b) (publication on website) shall be treated as given immediately it is published in accordance with that provision.

(3C)

A temporary foreign vessel licence communicated in accordance with regulation 2(2B) shall be treated as granted immediately it is published in accordance with that provision.

(4)

A notice communicated in accordance with regulation 2(3) hereof shall be treated as given at the end of the day on which it is published.

(5)

Where a licence or a notice–

(a)

is communicated by post, and

(b)

would be treated as F8granted or given, in accordance with this regulation, on a Sunday or any day which in the place where it is granted or given is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971f1 or, in Scotland, is a local holiday,

the licence or notice shall instead be treated as granted or given at the end of the next day following which is not a bank holiday or, in Scotland, a local holiday, in that place.

4Time at which licences and notices to have effectF1I1

Subject to regulation 5 hereof–

(a)

a licence which is communicated in accordance with regulation 2(1) F2or (2B) F3... shall have effect at the time that it is treated as F4granted in accordance with regulation 3 hereof;

(b)

a notice which is communicated in accordance with regulation 2(2)(a) shall have effect 24 hours after the time that it is treated as given in accordance with regulation 3 hereof; F5...

(F6ba)

a notice which is communicated in accordance with regulation 2(2)(b) (publication on website) shall have effect 24 hours after it is treated as given in accordance with regulation 3; and

(c)

a notice which is communicated in accordance with regulation 2(3) shall have effect 48 hours after the time that it is treated as given in accordance with regulation 3 hereof.

5Special provision for certain licences and noticesF1I1

(1)

A licence or a notice, which is communicated by more than one of the methods specified in regulation 2 hereof, shall have effect at the earliest of the times corresponding to each such method specified in regulation 4 hereof.

(2)

A licence or a notice, which purports on its face to have effect at a time later than that at which it would be treated as having effect in accordance with regulation 4 hereof, shall have effect at the time shown on its face.

Signature

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th October 1994.

L.S.

William Waldegrave

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

26th October 1994

Rod Richards

Parliamentary Under Secretary of State, Welsh Office

1st November 1994

P B B Mayhew

Secretary of State for Northern Ireland

1st November 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in accordance with section 4B of the Sea Fish (Conservation) Act 1967 for the manner in which a sea fishing licence under section 4 of that Act or a licence to receive trans-shipped fish under section 4A of that Act may be granted and in which a notice of variation, revocation or suspension of any such licence may be effected in accordance with section 4(9) or 4A(10) respectively.

Regulation 2(1) provides for the granting of a licence to the owner or charterer of a vessel by communicating it, by a method specified, to a person nominated by the owner or charterer to receive it (“a nominee”). Regulation 2(2) provides for the effecting of a notice by communicating it to a nominee or to the master of the vessel. Regulation 2(3) provides for the effecting of notices of variation, suspension or revocation of all licences or all licences of a particular type granted by a Minister by publishing a notice in a newspaper.

Regulation 3 specifies the time at which a licence or notice communicated in accordance with regulation 2 will be treated as having been delivered or given, according to the method of communication adopted.

Regulation 4 specifies the time at which a licence or notice treated as delivered or given in accordance with regulation 3 will have effect, according to the method of communication adopted.

Regulation 5 makes special provision for the time at which a licence or a notice will take effect where–

(a)

more than one method of communicating it is employed, and

(b)

the licence or notice states that it will take effect later than provided for in regulation 4.

The Compliance Cost Assessment relating to these Regulations is available in the library of each House of Parliament. A copy of it can be obtained from either Fisheries Division IV, Ministry of Agriculture, Fisheries and Food, Room 432, Nobel House, Smith Square, London SW1P 3JR, the Scottish Fisheries Protection Agency, Room 527, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY, Welsh Office Agriculture Department, Crown Building, Cathays Park, Cardiff CF1 3NO or Department of Agriculture for Northern Ireland, Hut 5, Castle Grounds, Stormont Estate, Belfast BT4 3PW.