Fisheries Bill (HC Bill 305)

(3) In section 4AA (restrictions on time spent at sea: appeals)—

(a) in subsection (2)(a), for “section 4 of this Act” substitute “section 10
or 12 of the Fisheries Act 2019”;

(b) in subsection (4), for “order made under section 4(6C) of this Act”
5substitute “regulations made under paragraph 7(5) of Schedule 2 to
the Fisheries Act 2019”.

(4) In section 4B (regulations supplementary to sections 4 and 4A)—

(a) in the heading, for “sections 4 and 4A” substitute “section 4A”;

(b) in subsection (1)(a), omit “4 or”.

(5) 10In section 4C (provisions supplementary to sections 4 and 4A: evidence)—

(a) in the heading, for “Provisions supplementary to sections 4 and 4A”
substitute “Proceedings for offences relating to licences”;

(b) in subsection (1)(a), for “condition included in a licence by virtue of
section 4(6) or 4A(6) of this Act” substitute “relevant condition”;

(c) 15in subsection (1), in the closing words, for “an offence under section
4 or 4A” substitute “a relevant offence”;

(d) in subsection (2), in the opening words, for “an offence under section
4 or 4A” substitute “a relevant offence”;

(e) in subsection (2)(c)(i)—

(i) 20for “condition imposed under section 4(6) or 4A(6)”
substitute “relevant condition”;

(ii) for “condition imposed under section 4(6)” substitute
“relevant condition within subsection (3A)(a)”;

(f) in subsection (2)(c)(ii), for “requirement under section 4(7) or 4A(7)”
25substitute “relevant requirement”;

(g) after subsection (3) insert—

“(3A) In this section “relevant condition” means a condition—

(a) attached, by virtue of paragraph 1 of Schedule 2 to the
Fisheries Act 2019, to a sea fishing licence granted
30under section 10 or 12 of that Act, or

(b) included by virtue of subsection (6) of section 4A of
this Act in a licence granted under that section.

(3B) In this section “relevant offence” means—

(a) an offence under section 9(6) or 11(5) of, or paragraph
351(4) or 3(2) or (3) of Schedule 2 to, the Fisheries Act
2019 (offences relating to sea fishing licences), or

(b) an offence under section 4A of this Act.

(3C) In this section “relevant requirement” means—

(a) a requirement under paragraph 3 of Schedule 2 to the
40Fisheries Act 2019 (power to obtain information in
connection with sea fishing licence), or

(b) a requirement under section 4A(7) of this Act.”

(6) In section 9 (exemption for operations for scientific and other purposes), in
subsection (5), omit “4,”.

(7) 45In section 11 (penalties for offences)—

(a) in subsection (1)—

(i) in paragraph (a) (as it has effect in Scotland and Northern
Ireland), omit “4(3), (6) or (9A)”;

(ii) in paragraph (b) (as it has effect in Northern Ireland), omit
“4(9A)”;

(iii) 5in paragraph (c) (as it has effect in Scotland and Northern
Ireland), omit “4(7) or (7A)”;

(b) in subsection (2)—

(i) in the opening words as they have effect in England and
Wales and Northern Ireland, omit “4(3), (6) and (9A)”;

(ii) 10in those words as they have effect in Scotland, omit “4(3) and
(6)”;

(iii) in paragraph (c) as it has effect in England and Wales and
Northern Ireland, omit “4(3), (6) or (9A) or”;

(iv) in that paragraph as it has effect in Scotland, omit “4(3) or (6)
15or”;

(v) in paragraph (d) as it has effect in England and Wales and
Northern Ireland, omit “section 4(3), (6) or (9A) or”;

(vi) in that paragraph as it has effect in Scotland, omit “section
4(3) or (6) or”;

(c) 20in subsection (3) as it has effect in England and Wales and Northern
Ireland, omit “4(3), (6) or (9A)”;

(d) in that subsection as it has effect in Scotland, omit “4(3) or (6)”.

(8) In section 14 (jurisdiction of court to try offences), omit “4,”.

(9) In section 15 (powers of British sea-fishery officers for enforcement of Act)—

(a) 25in subsection (2)—

(i) in paragraph (b) as it has effect in England and Wales and
Northern Ireland, omit “4(3), (6) or (9A) or”;

(ii) in that paragraph as it has effect in Scotland, omit “4(3) or (6)
or”;

(iii) 30in that paragraph, after “this Act” insert “, or under section
9(6) or 11(5) of, or paragraph 1(4) of Schedule 2 to, the
Fisheries Act 2019,”;

(iv) in paragraph (c), for the words after “an order under”,
substitute “section 5 of this Act or by section 10 or 12 of the
35Fisheries Act 2019;”;

(b) in subsection (3), at the end insert “or any of the provisions of
sections 9 to 13 of, or Schedule 2 to, the Fisheries Act 2019 or any
regulations made under any of those provisions.”;

(c) in subsection (3A)(a)(i)—

(i) 40omit “4(6) or”;

(ii) after “this Act” insert “or paragraph 1 of Schedule 2 to the
Fisheries Act 2019”;

(d) in subsection (3B)—

(i) omit “4(6) or”;

(ii) 45after “this Act” insert “or paragraph 1 of Schedule 2 to the
Fisheries Act 2019”.

(10) In section 18 (enforcement of orders in relation to salmon and migratory
trout)—

(a) in subsection (1)—

(i) in the opening words, omit “4,”;

(ii) in paragraph (b), omit “section 4 of this Act, and”;

(b) in subsections (2) and (3), omit “4,”.

(11) In section 20 (orders)—

(a) 5in subsection (2), omit “4,”;

(b) in subsection (5)—

(i) omit “4,”;

(ii) after “thereunder,” insert “and a statutory instrument
containing an order made under section 15 in relation to any
10of the provisions of sections 9 to 13 of, or Schedule 2 to, the
Fisheries Act 2019 or any regulations made under any of
those provisions,”;

(iii) omit “(5A) or”;

(c) omit subsections (5A) and (5B).

(12) 15In section 22 (interpretation)—

(a) in subsection (1), at the appropriate place, insert—

• ““British fishing boat” means a fishing boat—

  (a)

  which is registered in the United Kingdom
  under Part 2 of the Merchant Shipping Act
  201995,

  (b)

  which is British-owned, or

  (c)

  which is registered under the law of Jersey,
  Guernsey or the Isle of Man;”;

(b) in that subsection, in the definition of “sea fish”, omit “4,”;

(c) 25after subsection (1) insert—

“(1A) In any order or regulations made under this Act “foreign
fishing boat” means (unless the contrary intention appears) a
fishing boat which is not a British fishing boat.”

(13) In section 22A (application to Scotland)—

(a) 30in subsection (3), for “sections 4 and” substitute “section”;

(b) in subsection (4), for “sections 4(4) and” substitute “section”;

(c) omit subsection (9A).

Fishing Limits Act 1976

6 In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of
35the Sea Fish (Conservation) Act 1967).

Fisheries Act 1981

7 In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea
Fish (Conservation) Act 1967).

Sea Fish (Conservation) Act 1992

8 40In the Sea Fish (Conservation) Act 1992, omit section 1 (which amends
section 4 of the Sea Fish (Conservation) Act 1967)

Government of Wales Act 2006

9 (1) The Government of Wales Act 2006 is amended as follows.

(2) In Schedule 3A (functions of Ministers of Crown etc exercisable concurrently
or jointly with Welsh Ministers)—

(a) 5in paragraph 1(2), in the table, in the entry for the Sea Fish
(Conservation) Act 1967, in column 2—

(i) omit “(a) section 4 (licensing of fishing boats), and”;

(ii) for “sections 4 and” substitute “section”;

(b) in paragraph 2(2)(b), omit sub-paragraph (i);

(c) 10in paragraph 2(3), omit “4 or”.

Marine and Coastal Access Act 2009

10 (1) The Marine and Coastal Access Act 2009 is amended as follows.

(2) In section 4 (licensing of fishing boats)—

(a) omit subsections (1) to (6);

(b) 15in subsection (7), for “that section” substitute “section 4 of the Sea
Fish (Conservation) Act 1967 (licensing of fishing boats)”.

(3) In section 7 (regulations supplementary to sections 4 and 4A of the Sea Fish
(Conservation) Act 1967), omit “4 or”.

(4) In section 196 (charging for commercial fishing licences), omit subsection (1).

(5) 20Omit section 197 (grant of licences subject to conditions imposed for
environmental purposes).

(6) In section 284 (power to require production of certain equipment), in
subsection (2)(a), for “section 4(6) or” substitute “paragraph 1 of Schedule 2
to the Fisheries Act 2019 or section”.

25Sea Fish Licensing Order 1992

11 (1) The Sea Fish Licensing Order 1992 (S.I. 1992/2633S.I. 1992/2633) is amended as follows.

(2) Articles 2 and 3, and the Schedule, were made under powers contained in
section 4 of the Sea Fish (Conservation) Act 1967 and are therefore revoked
by virtue of paragraph 5(2).

(3) 30In article 4—

(a) in paragraph (1), for “this Order” substitute “section 9 of the Fisheries
Act 2019”;

(b) in paragraph (3)(c), for “section 4 of the Sea Fish (Conservation) Act
1967 as read with this Order” substitute “section 9(6) of, or paragraph
351(4) or 3(2) or (3) of Schedule 2 to, the Fisheries Act 2019”;

(c) in paragraph (4), for “this Order” substitute “section 9 of the Fisheries
Act 2019”.

Sea Fishing (Licences and Notices) Regulations 1994

12 (1) The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813S.I. 1994/2813) are
40amended as follows.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in the heading, after “commencement” insert “, application”;

(b) after paragraph (1) insert—

“(1A) These regulations apply in relation to—

(a) 5licences granted under section 10 of the Fisheries
Act 2019 (licensing of British fishing boats) in
respect of Welsh fishing boats;

(b) licences granted under section 12 of that Act
(licensing of foreign fishing boats) by the Welsh
10Ministers; 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) 15by the Welsh Ministers in respect of foreign
fishing boats.”;

(c) in paragraph (2), for the definition of “licence” substitute—

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

(d) 20in paragraph (2), in the definition of “nominee”, in paragraph (b), for
“in a member State and having a place of business” substitute “, and
having a place of business,”;

(e) in paragraph (2), for the definition of “sea fishing licence”
substitute—

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

(f) in paragraph (2), at the end insert—

• “““Welsh fishing boat” means a fishing boat—

  (a)

  30which is registered in the United Kingdom
  under Part 2 of the Merchant Shipping Act
  1995, and

  (b)

  whose entry in the register specifies a port in
  Wales as the port to which the boat is to be
  35treated as belonging.”

(3) In regulation 2 (communication of licences and notices)—

(a) in paragraph (1), in the opening words, for “a nominee” substitute
“an appropriate recipient”;

(b) in paragraph (1), for sub-paragraph (d) substitute—

“(d) 40subject 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.”;

(c) 45for paragraph (2) substitute—

“(2) 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).”;

(d) 5after that paragraph insert—

“(2A) In this regulation, “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) 10a nominee of that owner or charterer; and

(b) in relation to a licence or notice relating to any
other fishing boat, the owner or charterer of the
fishing boat.”;

(e) in paragraph (3), in the closing words, omit “granted by the
15appropriate Minister,”;

(f) after paragraph (4) insert—

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

(a) specify the name, port letters and number of the
20fishing 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) 25A 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
30being 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.”

(4) 35In regulation 3 (delivery of licences and giving of notices)—

(a) in paragraph (3), for “a nominee’s” substitute “an”;

(b) after paragraph (3) insert—

“(3A) A notice communicated in accordance with regulation
2(2)(b) (publication on website) shall be treated as given
40immediately it is published.”

(5) In regulation 4 (time at which licences and notices to have effect)—

(a) in paragraph (a) omit “, and a notice which is communicated in
accordance with regulation 2(2)(b),”;

(b) in paragraph (b), omit the “and” at the end;

(c) 45after that paragraph (b) insert—

“(ba) 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”.

Scotland Act (Agency Arrangements) (Specification) Order 1999

13 (1) The Scotland Act (Agency Arrangements) (Specification) Order 1999 (S.I. 1999/
51512) is amended as follows.

(2) In Schedule 1 (functions conferred on Minister of the Crown), omit
paragraph 1.

(3) In Schedule 2 (functions exercisable by Scottish Ministers), omit paragraph
1.

10Scotland Act 1998 (Concurrent Functions) Order 1999

14 (1) The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592S.I. 1999/1592) is
amended as follows.

(2) In Schedule 1—

(a) in column 1, omit the entry for section 4 of the Sea Fish
15(Conservation) Act 1967, and

(b) omit the corresponding entry in column 2.

Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

15 (1) The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.I. 2011/70S.I. 2011/70)
are amended as follows.

(2) 20In regulation 1 (citation, commencement, extent and application)—

(a) in paragraph (2), omit the words from “and the Scottish zone” to the
end;

(b) for paragraph (3) substitute—

“(3) These regulations apply in relation to—

(a) 25licences granted under section 10 of the Fisheries
Act 2019 (licensing of British fishing boats) in
respect of Scottish fishing boats;

(b) licences granted under section 12 of that Act
(licensing of foreign fishing boats) by the Scottish
30Ministers; 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 Scottish fishing boats, or

(ii) 35by the Scottish Ministers in respect of
foreign fishing boats.”

(3) In regulation 2 (interpretation)—

(a) for the definition of “licence” substitute—

• “““licence” means a licence to which these regulations
  40apply (see regulation 1(3));”;

(b) in the definition of “nominee”—

(i) in paragraph (b) for “a member State” substitute “the United
Kingdom”;

(ii) in the closing words, omit “Scottish”;

(c) in the definition of “Scottish fishing boat”, omit “; and in respect of
which the Scottish Ministers may grant or have granted a licence”;

(d) for the definition of “sea fishing licence” substitute—

• 5“““sea fishing licence” means a licence to which these
  regulations apply by virtue of regulation 1(3)(a) or
  (b).”

(4) In regulation 3 (communication of licences and notices)—

(a) in paragraph (1), in the opening words, for “Scottish fishing boat”
10substitute “fishing boat”;

(b) in paragraph (1), in sub-paragraphs (a) and (b), after “charterer or”
insert “, in the case of a Scottish fishing boat,”;

(c) in paragraph (2)—

(i) in sub-paragraph (a), at the beginning, insert “in the case of a
15Scottish fishing boat”;

(ii) in sub-paragraph (b), omit “Scottish”;

(d) in paragraphs (3) and (4), for “Scottish fishing boat” substitute
“fishing boat”

(5) In regulation 4 (delivery of licences and giving of notices), in paragraph (3),
20for “a nominee’s” substitute “an”.

Sea Fishing (Licences and Notices) (England) Regulations 2012

16 (1) The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827S.I. 2012/827)
are amended as follows.

(2) In regulation 1 (citation, commencement and application), for paragraph (2)
25substitute—

“(2) These regulations apply in relation to—

(a) licences granted under section 10 of the Fisheries Act 2019
(licensing of British fishing boats) in respect of relevant
fishing boats;

(b) 30licences granted under section 12 of that Act (licensing of
foreign fishing boats) by the Marine Management
Organisation; and

(c) licences granted under section 4A of the Sea Fish
(Conservation) Act 1967 (licensing of vessels receiving
35trans-shipped fish)—

(i) in respect of relevant fishing boats, or

(ii) by the Marine Management Organisation in
respect of foreign fishing boats.”

(3) In regulation 2 (interpretation)—

(a) 40for the definition of “licence” substitute—

• “““licence” means a licence to which these regulations
  apply (see regulation 1(2));”;

(b) in the definition of “nominee”—

(i) in paragraph (b), for “in a member State and having a place
45of business” substitute “, and having a place of business,”;

(ii) in the closing words, omit “relevant”;

(c) for the definition of “relevant fishing boat” substitute—

• “““relevant fishing boat” means a British fishing boat
  other than a fishing boat—

  (a)

  which is registered in the United Kingdom under
  5Part 2 of the Merchant Shipping Act 1995, and

  (b)

  whose entry in the register specifies a port in
  Scotland, Wales or Northern Ireland as the
  port to which the boat is to be treated as
  belonging;”;

(d) 10at the end insert—

• “““sea fishing licence” means a licence to which these
  regulations apply by virtue of regulation 1(2)(a) or
  (b).”

(4) In regulation 3 (communication of licences and notices)—

(a) 15in paragraph (1), for the words from “the owner” to the end
substitute “an appropriate recipient (“P”);

(b) after that paragraph insert—

“(1A) In this regulation, “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a
20relevant fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) a nominee of that owner or charterer; and

(b) in relation to a licence or notice relating to any
other fishing boat, the owner or charterer of the
25fishing boat.”;

(c) omit paragraph (8).

Sea Fishing (Licences and Notices) Northern Ireland) Regulations 2014

17 (1) The Sea Fishing (Licences and Notices) (Northern Ireland) Regulations 2014
(S.R. (N.I.) 2014 No. 209(N.I.) 2014 No. 209) are amended as follows.

(2) 30In regulation 1 (citation, commencement and application), for paragraph (2)
substitute—

“(2) These Regulations apply in relation to—

(a) licences granted under section 10 of the Fisheries Act 2019
(licensing of British fishing boats) in respect of Northern
35Ireland fishing boats;

(b) licences granted under section 12 of that Act (licensing of
foreign fishing boats) by the Department; and

(c) licences granted under section 4A of the Sea Fish
(Conservation) Act 1967 (licensing of vessels receiving
40trans-shipped fish)—

(i) in respect of Northern Ireland fishing boats, or

(ii) by the Department in respect of foreign fishing
boats.”

(3) In regulation 2 (interpretation)—

(a) 45in the definition of “the Department”, for “of Agriculture and Rural
Development” substitute “of Agriculture, Environment and Rural
Affairs”;

(b) for the definition of “licence” substitute—

• “““licence” means a licence to which these regulations
  apply (see regulation 1(2));”;

(c) in the definition of “nominee”-

(i) 5in paragraph (b) for “in a member State of the European
Union and having a place of business” substitute “, and
having a place of business,”;

(ii) in the closing words, omit “Northern Ireland”;

(d) for the definition of “Northern Ireland fishing boat” substitute—

• 10“““Northern Ireland fishing boat” means a fishing boat—

  (a)

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

  (b)

  whose entry in the register specifies a port in
  Northern Ireland as the port to which the boat
  15is to be treated as belonging;”;

(e) for the definition of “sea fishing licence” substitute—

• “““sea fishing licence” means a licence to which these
  regulations apply by virtue of regulation 1(2)(a) or
  (b).”

(4) 20In regulation 3 (manner in which a licence is granted etc)—

(a) in paragraph (1)—

(i) omit “Northern Ireland”;

(ii) for the words from “the owner or charterer of the boat” to the
end substitute “an appropriate recipient (“the recipient”);

(b) 25after that paragraph insert—

“(1A) In this regulation, “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a
Northern Ireland fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) 30a nominee of that owner or charterer; and

(b) in relation to a licence or notice relating to any
other fishing boat, the owner or charterer of the
fishing boat.”;

(c) in paragraph (3), for the words from “the owner or charterer” to the
35end substitute “an appropriate recipient (“the recipient”).”

Sea Fish Licensing (England) Order 2015

18 The Sea Fish Licensing (England) Order 2015 (S.I. 2015/647S.I. 2015/647) was made
under powers contained in section 4 of the Sea Fish (Conservation) Act 1967
and is therefore revoked by virtue of paragraph 5(2).

40Part 3 Transitional provision

Continuity of the law

19 (1) This paragraph applies where any provision of this Act re-enacts (with or
without modification) an enactment repealed by Part 2 of this Schedule.