Made | 26th March 2002 | ||
Coming into force | 28th March 2002 |
(2) Any reference in this Order to a Northern Ireland fishing boat is to a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995[2] and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.
(3) Any reference in this Order to a function of a Minister of the Crown under any enactment includes a reference to the functions of that Minister under any scheme, regulations, Order in Council, order, bye-laws or similar instrument having effect under or in relation to that enactment.
Modification and transfer of functions
3.
- (1) Schedule 1, which makes provision about functions under the Sea Fish (Conservation) Act 1967[3], shall have effect.
(2) Schedule 2, which makes provision about functions under the Fisheries Act 1981[4], shall have effect.
(3) Schedule 3, which makes provision about functions under other enactments relating to sea fisheries, shall have effect.
Transfer of property, rights and liabilities
4.
All property, rights and liabilities to which the transferor is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Department of Agriculture and Rural Development.
Transfers: supplementary and consequential
5.
- (1) This Order shall 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 anything transferred by this Order, be continued by or in relation to the Department of Agriculture and Rural Development.
(3) Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred to the Department of Agriculture and Rural Development by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the Department of Agriculture and Rural Development in so far as that is required for continuing its effect after the coming into force of this Order.
(4) Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to, or (as the context may require) to officers of, the Department of Agriculture and Rural Development.
(5) In this Article "instrument", without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
The Northern Ireland zone
6.
- (1) In section 16(1)(f) of the Fisheries Act (Northern Ireland) 1966[5] (definition of boundary of Londonderry area) for "waters within British fishery limits which are adjacent to Northern Ireland" substitute "the Northern Ireland zone".
(2) In section 124(1) of that Act[6] (sea-fishing regulations) for "waters within British fishery limits which are adjacent to Northern Ireland" substitute "the Northern Ireland zone".
(3) In section 206 of that Act[7] (interpretation) -
(4) In section 40 of the Fisheries Act 1981[9] (fishery protection in waters adjacent to Northern Ireland) for the words from "waters" to the end substitute "the Northern Ireland zone within the meaning of the Northern Ireland Act 1998".
Further amendments relating to sea fisheries
7.
- (1) In section 64 of the Sea Fisheries Act 1868[10] (application of penalties) at the end insert "or, in relation to Northern Ireland, shall be paid into the Consolidated Fund of Northern Ireland".
(2) Nothing in section 14(1) and 42 of the Sea Fish Industry Act 1970[11] (restrictions on disclosure of information) shall prohibit the disclosure of any information to the Department of Agriculture and Rural Development.
(3) In section 12(2) of the Fisheries Act 1981 (restriction on disclosure of information), after paragraph (b) insert -
(4) In section 43 of that Act (financial provision), at the end add -
Repeals
8.
The statutory provisions specified in Schedule 4 are hereby repealed to the extent specified in that Schedule.
A. K. Galloway
Clerk of the Privy Council
(2) An order under section 3[15] may make provision applying -
(3) Orders under section 4(1)[16] or 4A(1)[17] prohibiting fishing or the receiving of fish may make provision applying only to Northern Ireland fishing boats.
(4) Orders under section 6(1A)[18] prohibiting the trans-shipment of fish may make provision applying only to the Northern Ireland zone.
Transfer of functions to the Department of Agriculture and Rural Development
3.
- (1) The following functions shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and shall be transferred to the Department of Agriculture and Rural Development, namely -
(b) the functions of the Ministers under section 3 of -
(c) the function of the Ministers under section 4(1) of providing by order -
(d) the function of the Ministers under section 4[19] of granting -
and the functions under section 4 in relation to such licences of the Minister who grants the licence;
(e) the function of the Ministers under section 4A(1) of providing by order -
(f) the function of the Ministers under section 4A[20] of granting -
and the functions under section 4A in relation to such licences of the Minister who grants the licence;
(g) the function of the Ministers under section 4B[21] of making regulations about licences granted under section 4 or 4A by the Department of Agriculture and Rural Development;
(h) the function of the Ministers under section 5[22] of prohibiting by order fishing within the Northern Ireland zone or in any area within that zone or fishing outside that zone by Northern Ireland fishing boats;
(i) the function of the Ministers under section 6[23] of prohibiting by order the landing of fish in Northern Ireland or the trans-shipment of fish within the Northern Ireland zone;
(j) the function of the Secretary of State for Trade and Industry under section 8[24] of regulating by order the landing of sea fish in Northern Ireland;
(k) the functions of one of the Ministers under section 9(2), (3) and (4)[25] of authorising operations in the Northern Ireland zone or operations by Northern Ireland fishing boats outside that zone;
(l) the function of the Ministers under section 10 of taking measures within the Northern Ireland zone for the increase or improvement of marine resources, and the function of concurring and assisting in such measures;
(m) the function of the Ministers under section 15(3)[26] of conferring on British sea-fishery officers powers relating to -
(2) So far as the functions mentioned in sub-paragraph (1)(a) to (f), (h), (i) and (m), and the function mentioned in sub-paragraph (1)(k) of authorising operations by Northern Ireland fishing boats outside the Northern Ireland zone, are exercisable -
they shall, despite their transfer under sub-paragraph (1), be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
Orders and regulations
4.
- (1) Section 20(2) shall not apply to any order made under section 1(3), 3 or 15 by the Department of Agriculture and Rural Development, but any such order -
(2) Section 20(2)[28] shall not apply to any order made under section 4(1), 4A(1), 5(1), 6(1) or (1A) or 8 by the Department of Agriculture and Rural Development, but any such order -
(3) In its application to an order made under section 4(1) or 4A(1) by the Department of Agriculture and Rural Development, section 4(4) and section 4A(4) respectively shall have effect with the substitution of "the Department of Finance and Personnel" for "the Treasury".
(4) Section 4B(4) shall not apply to any regulations made by the Department of Agriculture and Rural Development under section 4B(1), but such regulations -
(5) In their application to an order made by the Department of Agriculture and Rural Development, section 6(1) and (1A) shall have effect with the omission of the reference to consultation with the Secretary of State.
(6) In its application to an order made under section 8 by the Department of Agriculture and Rural Development, section 8(1), (2) and (3) shall have effect with the omission of the references to consultation with the Ministers.
any function conferred by such schemes on a Minister of the Crown shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act and shall be transferred to the Department of Agriculture and Rural Development.
(3) Those functions shall, despite their transfer, be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
(4) Section 15(3) and (4) shall not apply to a scheme made by the Department of Agriculture and Rural Development, but any such scheme -
(5) Where Ministers of the Crown propose to make a scheme under section 15, they shall consult the Department of Agriculture and Rural Development if -
(6) Section 16(5) shall not apply to a scheme made by the Department of Agriculture and Rural Development, but instead -
(7) In their application to a scheme made by the Department of Agriculture and Rural Development -
Function under section 30 of the Fisheries Act 1981 (enforcement of Community rules)
3.
- (1) The function conferred by section 30(2) of making provision by order for the enforcement of any enforceable Community restriction or other obligation relating to sea fishing -
shall be treated as exercisable in or as regards Northern Ireland for the purposes of section 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act and shall be transferred to the Department of Agriculture and Rural Development.
(2) That function shall, despite its transfer under paragraph (1), be exercisable by the person by whom it was exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
(3) Section 30(4) shall not apply to an order made by the Department of Agriculture and Rural Development, but any such order -
Sea Fisheries Act 1968
2.
Orders under section 5 of the Sea Fisheries Act 1968[35] may make provision applying only to Northern Ireland fishing boats.
3.
- (1) The function conferred by section 5 of that Act of making provision by order in relation to operations within the Northern Ireland zone or in any area within that zone or operations outside that zone by Northern Ireland fishing boats -
(2) So far as that function is exercisable -
it shall, despite its transfer under sub-paragraph (1), be exercisable by the person by whom it was exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
(3) Section 18(1) and 2[36] shall not apply to any order made under section 5 of the Sea Fisheries Act 1968 by the Department of Agriculture and Rural Development, but any such order -
Fishery Limits Act 1976
4.
- (1) The function conferred by section 2 of the Fishery Limits Act 1976[39] of designating by order a country and areas within the Northern Ireland zone in which fishing boats registered in that country may fish -
(2) Sections 2(7) and 6(1) of the Fishery Limits Act 1976 shall not apply to any order made under section 2 by the Department of Agriculture and Rural Development, but any such order -
British Fishing Boats Act 1983
5.
- (1) References in paragraphs 6 and 7 to statutory provisions are to provisions of the British Fishing Boats Act 1983[40], unless otherwise indicated.
(2) Expressions used in paragraphs 6 and 7 which are also used in the British Fishing Boats Act 1983 shall have the same meaning as in that Act, and cognate expressions shall be construed accordingly.
6.
- (1) Orders under section 1[41] may make -
7.
- (1) The following functions conferred by section 1 shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and shall be transferred to the Department of Agriculture and Rural Development, namely -
(b) making an order under subsection (1) prescribing the qualifications for boats to be used in carrying out the operations mentioned in subsection (2)(a) or (b) -
(c) making an order under subsection (1) prescribing the qualifications for -
(d) making an order under subsection (5) about the stowing of fishing gear on boats in the Northern Ireland zone or any restricted fishing area within that zone; and
(e) making an order under subsection (5) about the stowing of fishing gear on Northern Ireland fishing boats in any restricted fishing area.
(2) So far as those functions are exercisable -
they shall, despite their transfer under sub-paragraph (1), be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
(3) In relation to any provision made by order by the Department of Agriculture and Rural Development by virtue of section 1(3) prescribing conditions for qualification with respect to nationality, section 1(4) shall have effect with the substitution for the requirement that the conditions be such as appear to the Ministers to be necessary or expedient for the protection of the sea fishing industry in England and Wales and Northern Ireland, of a requirement that the conditions be such as appear to the Department of Agriculture and Rural Development to be necessary or expedient for the protection of the sea fishing industry in Northern Ireland.
(4) Section 1(8) shall not apply to any order made under section 1 by the Department of Agriculture and Rural Development, but any such order -
Chapter or Number | Short title | Extent of repeal |
1966 c.17 (N.I.) | The Fisheries Act (Northern Ireland) 1966. | In section 206, the definition of "waters within British fishery limits which are adjacent to Northern Ireland". |
1981/227 (N.I.7) | The Fisheries Amendment Order (Northern Ireland) 1981. | In Schedule 4, in Part I, under the heading "Section 206", paragraph (a)(vii). |
As a consequence of these functions being transferred to the Department of Agriculture and Rural Development, various statutory provisions related to sea fisheries are amended by articles 6 and 7.
[5] 1966 c.17. Section 16(1)(f) was inserted by 1968 c.31 (N.I.) s.7, Sch.2 and amended by the Fishery Limits Act 1976 (c.86) s.9, Sch.2 para.14, and the Fisheries (Amendment) (Northern Ireland) Order 1981 (S.I. 1981/227 (NI 7)) art.10(2), Sch.4.back
[6] Section 124 was substituted by the Fisheries (Amendment) (Northern Ireland) Order 1981 (S.I. 1981/227 (NI 7)) art.6.back
[7] Relevant amendments to section 206 were made by 1968 c.31 (N.I.) s.7, Sch.2, the Fishery Limits Act 1976 (c.86) s.9, Sch.2 para.14, and the Fisheries (Amendment) (Northern Ireland) Order 1981 (S.I. 1981/227 (NI 7)) art.10(2), Sch.4.back
[10] 1868 c.45. Section 64 was amended by the Statute Law Revision Act 1893 and the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820) ("the Consequential Modifications Order") Sch.2, para.2.back
[11] 1970 c.11. Sections 14 and 42 were amended by the Consequential Modifications Order, art.4, Sch.1, para.49.back
[12] 1967 c.84. Relevant amendments to the Sea Fish (Conservation) Act 1967 include the transfer of functions under the Scotland Act 1998 (c.46), the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) art.3 and Sch.1, the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756) art.3, Consequential Modifications Order, the Government of Wales Act 1998 (c.38) the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) art.2, Sch.1, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) [and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/)].back
[13] Section 22A was inserted by the Consequential Modifications Order art.4, Sch.2, para.43.back
[14] Section 1 was substituted by the Fisheries Act 1981 (c.29), s.19(1). Section 1(3) was amended by the Consequential Modifications Order art.4, Sch.2, para.43.back
[15] Section 3 was amended by the Fishery Limits Act 1976 (c.86) s.9(1) Sch.2, para.16(1) and the Consequential Modifications Order art.4, Sch.2, para.43.back
[16] Section 4 was substituted by the Fishery Limits Act 1976 (c.86) s.3. Subsection (1) was amended by Consequential Modifications Order art.4, Sch.2, para.43.back
[17] Section 4A was inserted by the Fisheries Act 1981 (c.29) s.21(1). Subsection (1) was amended by the Consequential Modifications Order art.4, Sch.2, para.43.back
[18] Section 6(1A) was inserted by the Fisheries Act 1981 (c.29) s.23(2) and was amended by the Consequential Modifications Order art.4, Sch.2, para.43.back
[19] Section 4 was substituted by the Fishery Limits Act 1976 (c.86) s.3, and was amended by the Fisheries Act 1981 (c.29) s.20, the Sea Fish (Conservation) Act 1992 (c.60) s.1, and the Consequential Modifications Order art.4, Sch.2, para.43.back
[20] Section 4A was inserted by the Fisheries Act 1981 s.21(1) and was amended by the Sea Fish (Conservation) Act 1992 s.3 and the Consequential Modifications Order art.4, Sch.2, para.43.back
[21] Section 4B was inserted by the Sea Fish (Conservation) Act 1992 (c.60) s.4.back
[22] Section 5 was amended by the Fisheries Act 1981 s.22(1), (2), (3), and the Consequential Modifications Order art.4, Sch.2, para.43.back
[23] Section 6 was amended by the Fisheries Act 1981 (c.29) s.23, and the Consequential Modifications Order art.4, Sch.2, para.43.back
[24] Section 8 was amended by the Consequential Modifications Order art.4, Sch.2, para.43.back
[25] Section 9 was amended by the Fisheries Act 1981 (c.29) s.19(2)(b), 46(6), 21(2)(a). The enactments to which section 9(4) applies are described in section 9(5), which was amended by Fisheries Act 1981 s.21(2)(a).back
[26] Subsections (3)-(5) of section 15 were substituted for the original subsections (3)-(7) by the Sea Fisheries Act 1968 (c.77) s.22(1), Sch.1 Pt.II. Subsection (3) was amended by the Fishery Limits Act 1976 (c.86) s.9(1), Sch.2, para.16(1), (3), and the Consequential Modifications Order art.4, Sch.2, para.43.back
[27] S.I. 1979/1573 (N.I. 12).back
[28] Section 20(2) was amended by the Fisheries Act 1981 (c.29) s.21(2)(b).back
[29] 1954 c.33 (N.I.). Section 41(6) was amended by the Northern Ireland (Modification of Enactments - No.1) Order 1999 (S.I. 1999 No.663) Sch.1, para.9(18).back
[30] 1981 c.29. Relevant amendments to the Fisheries Act 1981 include the transfer of functions under that Act by the Scotland Act 1998 (c.46), the Scotland Act 1998 (Concurrent Functions) Order 1999 S.I. 1999/1592 art.3, Sch.1, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I.1999/1747), the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), the Consequential Modifications Order, the Government of Wales Act 1998 (c.38), the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) art.2, Sch.1, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) [and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/)].back
[31] Section 15 was amended by the Consequential Modifications Order art.4, Sch.2, para.68.back
[32] Section 16 was amended by the Consequential Modifications Order art.4, Sch.2, para.68.back
[33] S.I. 1979/1573 (N.I. 12).back
[34] 1962 c.31. Section 17 was amended by the Sea Fish (Conservation) Act 1967 s.25(1), Sch. and the Fishery Limits Act 1976 s.2(8). [A] relevant amendment[s] to the definition of "the Ministers" in section 33(2) [was] [were] made by the Consequential Modifications Order art.4, Sch.2, para.33 [and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/)].back
[35] 1968 c.77. Relevant amendments to the Sea Fisheries Act 1968 include the transfer of functions under that Act by the Scotland Act 1998 (c.46), the Scotland Act 1998 (Concurrent Functions) Order 1999 S.I. 1999/1592 art.3, Sch.1, the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), the Consequential Modifications Order, the Government of Wales Act 1998 (c.38), the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) art.2, Sch.1, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) [and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I.2002/)]. Section 5 was amended by the Fishery Limits Act 1976 (c.86) ss.4, 5, 9, Sch.1 para.3, Sch.2, para.17, the Fisheries Act 1981 (c.29) s.24(2), and the Consequential Modifications Order art.4, Sch.2, para.48(2).back
[36] Section 18 was amended by the Sea Fish Industry Act 1970 (c.11) s.61, Sch.6 and the Consequential Modifications Order art.4, Sch.2, para.48(2).back
[37] S.I. 1979/1573 (N.I. 12).back
[38] 1954 c.33 (N.I.). Section 41(6) was amended by the Northern Ireland (Modification of Enactments - No.1) Order 1999 (S.I. 1999 No.663) Sch.1, para.9(18).back
[39] 1976 c.86. Relevant amendments to the Fishery Limits Act 1976 include the transfer of functions under that Act by the Scotland Act 1998 (c.46), the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), the Consequential Modifications Order, the Government of Wales Act 1998 (c.38), the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) art.2, Sch.1, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) [and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/)]. Section 2 was amended by the Consequential Modifications Order art.4, Sch.2, para.57, the Fisheries Act 1981 s.46(2), Sch.5 Pt.II, and the Merchant Shipping Act 1988 s.57(5), Sch.7.back
[40] 1983 c.8. Relevant amendments to the British Fishing Boats Act 1983 include the transfer of functions under that Act by the Scotland Act 1998 (c.46), the Scotland Act 1998 (Concurrent Functions) Order 1999 S.I. 1999/1592 art.3, Sch.1, the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), the Consequential Modifications Order, the Government of Wales Act 1998 (c.38), the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) art.2, Sch.1, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) [and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/)].back
[41] Section 1 was amended by the Consequential Modifications Order art.4, Sch.2, para.70.back