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The Sea Fishing (Penalty Notices and Designation) (England) (Amendment) (EU Exit) Order 2020

S.I. 2020/1635 · Made 22 December 2020

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.

Exiting The European Union, England

Sea Fisheries, England

Fisheries, England

Made 22nd December 2020

Laid before Parliament 23rd December 2020

Coming into force in accordance with article 1(2) and (3)

The Secretary of State, in exercise of the powers conferred by section 294(1) of the Marine and Coastal Access Act 2009f1 and section 80(2) of the Natural Environment and Rural Communities Act 2006f2, makes the following Order.

Annotations to the whole text

Footnotes

f1

2009 c. 23.

f2

2006 c. 16; section 80 was amended by S.I. 2016/992.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Sea Fishing (Penalty Notices) (England) Order 2011
  3. 3Designation of the Marine Management Organisation
  4. Signature
  5. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Sea Fishing (Penalty Notices and Designation) (England) (Amendment) (EU Exit) Order 2020.

(2)

Subject to paragraph (3), this Order comes into force on IP completion day.

(3)

Article 3 comes into force on 20th January 2021.

2Amendment of the Sea Fishing (Penalty Notices) (England) Order 2011

(1)

The Sea Fishing (Penalty Notices) (England) Order 2011f1 is amended as follows.

(2)

In the Schedule (offences relating to sea fishing)—

(a)

in paragraph 3, omit sub-paragraph (d);

(b)

omit paragraph 5;

(c)

after paragraph 11 insert—

“11A.

In the Fisheries Act 2020f2, an offence under—

(a)

section 12(3) (access to British fisheries by foreign fishing boats);

(b)

section 14(6) (British fishing boats required to be licensed);

(c)

section 16(6) (foreign fishing boats required to be licensed if within British fishery limits);

(d)

paragraph 1(4) of Schedule 3 (sea fishing licences: further provision).”.

3Designation of the Marine Management Organisation

In Schedule 7 to the Natural Environment and Rural Communities Act 2006f1 (designated bodies), after paragraph 16 insert—

“16A.

The Marine Management Organisationf2.”.

Signature

Victoria Prentis

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

22nd December 2020

Explanatory note

(This note is not part of the Order)

This Order amends the Sea Fishing (Penalty Notices) (England) Order 2011 (S.I. 2011/758) (“the 2011 Order”) in consequence of amendments made by the Fisheries Act 2020 (c. 22).

The 2011 Order creates a scheme for the issuing and payment of penalty notices for certain specified offences relating to sea fishing (“penalty offences”). The Fisheries Act 2020 includes amendments to legislation governing foreign vessel access to British fisheries and the licensing of fishing vessels, both of which are areas where the 2011 Order specifies penalty offences. It is therefore necessary to update the list of penalty offences contained in the 2011 Order to remove references to offence provisions which have been replaced by the Fisheries Act 2020 amendments and include references to relevant replacement provisions.

This Order also amends Schedule 7 to the Natural Environment and Rural Communities Act 2006 (c. 16) to designate the Marine Management Organisation as a “designated body” under section 80 of that Act.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An explanatory memorandum is published alongside this instrument on www.legislation.gov.uk.