OpenLegislation

Paragraph 3

Original text. Later amendments are not shown.

For section 2 substitute the following section—

“2.
(1)

Nothing in section 1 above affects the operation of any enactment contained in an Act of Parliament, or any provision made under such an enactment, which relates to sea fisheries and which is passed or made before 23rd July 2019.

(2)

Subject to subsection (3) below, nothing in section 1 above affects the operation of any enactment, or any provision made under such enactment, which relates to sea fisheries and which is passed or made by an insular authority before 23rd July 2019.

(3)

Subsection (2) does not apply to an enactment falling within that subsection or any provision made under such an enactment (“original provision”), where an insular authority passes or makes an enactment described in subsection (4) (“further provision”) from the date on which the further provision comes into force.

(4)

For the purposes of subsection (3), an enactment is further provision where—

(a)

it provides, however expressed, that subsection (2) no longer applies in relation to an original provision; and

(b)

it is passed or made on or after 23rd July 2019.

(5)

For the purposes of this section—

  • “an insular authority” means—

    1. (i)

      the States of Deliberation, the States of Alderney or the Chief Pleas of Sark; or

    2. (ii)

      any committee, council, department, authority, or board or like body thereof, however called,

    in relation to their respective jurisdictions;

  • “enactment”, in subsections (2), (3) and (4), includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation;

  • “subordinate legislation” means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance.”