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The Transfer of Functions (Sea Fisheries) Order 2012

S.I. 2012/2747 · Made 7 November 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 5 December 2012.

Ministers Of The Crown

Made 7th November 2012

Laid before Parliament 14th November 2012

Coming into force 5th December 2012

At the Court at Buckingham Palace, the 7th day of November 2012

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 1 of the Ministers of the Crown Act 1975f1, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

1975 c. 26; section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer of functions
  4. 4Transfer of rights and liabilities
  5. 5Supplementary
  6. Signature
  7. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Transfer of Functions (Sea Fisheries) Order 2012.

(2)

This Order comes into force on 5th December 2012.

2Interpretation

In this Order any reference to the Secretary of State concerned with sea fishing in Northern Ireland includes the Secretary of State concerned with the sea fishing industry in Northern Ireland (and any similar reference).

3Transfer of functions

(1)

The functions which are exercisable by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland jointly under or by virtue of the following enactmentsf1 are transferred to the Secretary of State—

(a)

the Sea Fish (Conservation) Act 1967f2 except sections 4(6C) and (6D)f3, 4AAf4, 6f5 and 8f6;

(b)

section 5 of the Sea Fisheries Act 1968f7;

(c)

section 2 of the Fishery Limits Act 1976f8;

(d)

section 30(2) of the Fisheries Act 1981f9;

(e)

section 1 of the British Fishing Boats Act 1983f10.

(2)

The functions which are exercisable by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland jointly under or by virtue of section 6 or 8 of the Sea Fish (Conservation) Act 1967 are transferred to the Secretary of State for Environment, Food and Rural Affairs.

4Transfer of rights and liabilities

There are transferred to the Secretary of State for Environment, Food and Rural Affairs all rights and liabilities to which the Secretary of State concerned with sea fishing in Northern Ireland is entitled or subject at the coming into force of this Order in connection with a function transferred by article 3.

5Supplementary

(1)

This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.

(2)

Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to a transferred matter, be continued by or in relation to the transferee.

(3)

Anything done (or having effect as if done) by or in relation to the transferor in connection with a transferred matter has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the transferee.

(4)

Any enactment or instrument passed or made before the coming into force of this Order has effect so far as is necessary for the purposes of or in consequence of a transferred matter as if references to the transferor (and references which are to be read as references to the transferor) were or included references to the transferee.

(5)

In paragraphs (1) to (4) any reference to the transferor or transferee includes the department or an officer of the transferor or transferee.

(6)

In this article—

  • “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents;

  • “the transferee” means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs (as the case may be);

  • “the transferor” means, in relation to a transferred matter, the Secretary of State or Secretaries of State from whom it is transferred;

  • “transferred matter” means anything transferred by this Order.

Signature

Richard Tilbrook

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order transfers to the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs functions of the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland under certain enactments relating to sea fishing.

Articles 4 and 5 make further provision in relation to the transfers of functions effected by article 3.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.