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Make
provision for withdrawal from the Common Fisheries Policy of the
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European Union; to amend the
Fishery Limits Act 1976; to make provision |
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about the exercise of functions
under that Act by Scottish Ministers, the |
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National Assembly for Wales,
Northern Ireland Ministers and the Secretary of |
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State; to provide that that
Act shall have effect regardless of the provisions of |
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the European Communities Act
1972; to define English, Scottish, Welsh and |
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Northern Irish waters; and
for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Effect
on Common Fisheries Policy |
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(1) |
At the date on which this
Act comes into force (the “commencement date”) the
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United Kingdom shall withdraw
from the Common Fisheries Policy of the |
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(2) |
The Fishery
Limits Act 1976 (c. 86) shall have effect from the
commencement |
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date regardless of any provision
of community law to the contrary and |
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notwithstanding the provisions
of the European Communities Act 1972
(c. 68) |
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(in this Act referred to
as “the 1972 Act”). |
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2 |
Amendment
of the Fishery Limits Act 1976 |
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(1) |
The Fishery
Limits Act 1976 is amended as follows. |
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(2) |
In section 2 (access to British
fisheries)— |
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(a) |
for subsection (1) there is
substituted— |
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“(1) |
The Ministers may by order
designate any country outside the |
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United
Kingdom, the Channel Islands and the Isle of Man (“a |
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foreign
country”) and, in relation to it, areas within British |
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fishery
limits, including English, Northern Irish, Scottish or |
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Welsh
waters, in which, and descriptions of sea fish for which, |
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fishing
boats registered in that country may fish provided that |
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they
have been licensed under section 2A to do so.”; and |
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(b) |
for subsection (5)(a) there
is substituted— |
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“(a) |
the owners or operators
and master of the boat are liable |
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on
summary conviction to a fine not exceeding £50,000 |
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or
on conviction on indictment to a fine or six months |
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(3) |
After section 2 (access to
British fisheries), there is inserted— |
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“2A |
Licensing
of fishing boats |
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(1) |
The Ministers shall make
regulations to make provision for them to |
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license
fishing boats to fish within English, Northern Irish, Scottish
and |
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Welsh
waters respectively. |
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(2) |
In issuing licences under
regulations under subsection (1) the Ministers |
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shall
have regard to the desirability of— |
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(a) |
preserving fish stocks and
protecting the natural environment; |
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(b) |
ensuring that licensed boats
registered in England, Northern |
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Ireland,
Scotland and Wales enjoy reciprocal rights to fish in |
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one
another’s waters based on established and historic |
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(3) |
The total number of licences
so issued shall be at the discretion of the |
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(4) |
No fishing boat shall fish
within English, Northern Irish, Scottish, or |
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Welsh
waters without a licence granted under regulations under |
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(5) |
No licence shall be issued
to the fishing boat of a foreign country unless, |
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in
the opinion of the Minister issuing the licence— |
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(a) |
that country has granted
reciprocal rights to fish in its waters to |
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United
Kingdom fishing boats; |
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(b) |
it observes the same conservation
measures in its waters as |
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those
applied within British fishery limits, or has conservation |
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measures
more stringent; or |
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(c) |
the owner or operators of
a fishing boat have bought a licence at |
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a
price to be determined by regulations. |
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(6) |
Regulations made under this
section shall not come into effect unless— |
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(a) |
in the case of regulations
made by the Secretary of State, a draft |
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of
the regulations has been laid before, and approved by |
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resolution
of, each House of Parliament, |
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(b) |
in the case of regulations
made by the Northern Ireland |
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Ministers,
a draft of the regulations has been laid before, and |
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approved
by resolution of, the Northern Ireland Assembly; and |
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(c) |
in the case of regulations
made by the Scottish Ministers, a draft |
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of
the regulations has been laid before, and approved by |
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resolution
of, the Scottish Parliament. |
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(7) |
A contravention of subsection
(4) shall be subject to the same penalties |
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as
for a contravention under section 2. |
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(1) |
All fish caught within
English, Northern Irish, Scottish or Welsh waters |
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or
within other waters within British fishery limits by fishing boats
of |
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(a) |
landed at a port within
the United Kingdom, Isle of Man or the |
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(b) |
reported to the Ministers
and made available for inspection. |
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(c) |
landed at other ports as
may be determined by the Ministers. |
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(2) |
Subsection (1) shall not
apply to— |
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(a) |
fishing boats registered
in countries which have entered into |
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exchange
of access agreements with the United Kingdom, and |
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(b) |
pelagic trawlers fishing
under a fishery agreement with Nordic |
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(3) |
The Ministers may by order
give permission to factory ships to enter |
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English,
Northern Irish, Scottish or Welsh waters, or within other |
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waters
within British fishery limits, to land catches at ports within
the |
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United
Kingdom, Isle of Man or the Channel Islands at prices to be |
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(4) |
A contravention of this
section shall be subject to the same penalties as |
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a
contravention under section 2. |
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The
Ministers shall consult Ministers of states with contiguous waters
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(a) |
all matters concerned with
the administration of this Act, and |
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(b) |
deep sea fishing policy generally.” |
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(4) |
In section 8 (interpretation)— |
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(a) |
after the definition of “enactment”,
insert— |
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“‘English waters’, ‘Northern Irish waters’,
‘Scottish |
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waters’
and ‘Welsh waters’ shall be construed in |
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accordance
with the provisions of section 3
of the |
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Fisheries
Jurisdiction Act 2005;”; |
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(b) |
for the definition of “the
Ministers”, substitute— |
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(a) |
in relation to England,
the Secretary of State; |
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(b) |
in relation to Northern
Ireland, Northern Ireland |
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(c) |
in relation to Scotland,
Scottish Ministers; and |
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(d) |
in relation to Wales,
the National Assembly for |
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(c) |
after the definition of “Ministers”,
insert— |
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“‘Nordic Council countries’ means— |
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45 |
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(1) |
For the purposes of this
Act, “Northern Irish waters” and “Scottish waters”
are |
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“Northern Irish waters”
has the same meaning as the Northern Ireland |
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zone in the Adjacent Waters
Boundaries (Northern Ireland) Order 2002 |
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“Scottish waters”
has the same meaning as “the internal waters or |
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territorial sea of the United
Kingdom adjacent to Scotland” in the |
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Scottish Adjacent Waters
Boundaries Order 1999 (S.I. 1999/1126). |
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(2) |
The Scottish Adjacent Waters
Boundaries Order 1999 is amended by |
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substituting for the table
in Schedule 1, Part 1 (boundary off the east coast of |
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Great Britain), the co-ordinates
set out for the boundary in the Continental |
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Shelf Jurisdiction Order
(S. I. 1968/891). |
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(3) |
The Secretary of State shall
make regulations to define “English waters”, but |
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the definition so given shall
not include Northern Irish waters or Scottish |
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(4) |
Regulations made under subsection
(3) shall not come into effect unless a draft |
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of the regulations has been
laid before, and approved by a resolution of, each |
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(5) |
“Welsh waters”
shall be defined in regulations made by the National Assembly
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for Wales, but the definition
so given shall not include English waters, |
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Northern Irish waters or
Scottish waters. |
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4 |
Amendment
of the Northern Ireland Act 1998 and the Scotland Act 1998 |
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(1) |
Schedule 2 to the Northern
Ireland Act 1998 (c. 47) (excepted matters) is |
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amended as set out in subsections
(2) and (3). |
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(2) |
In paragraph 3 (international
relations), after sub-sub-paragraph (c), insert— |
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“(d) |
negotiating with other
states in relation to fisheries.” |
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(3) |
In paragraph 19 (regulation
of sea fishing outside the Northern Ireland zone), |
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after the word “boats”,
insert the words “and negotiating with other states in |
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(4) |
Schedule 5 to the Scotland
Act 1998 (c. 46) (reserved matters) is amended as
set |
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(5) |
In paragraph 7 (foreign affairs),
after sub-paragraph (2)(b), insert— |
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“(c) |
negotiating with
other states in relation to fisheries.” |
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5 |
Citation,
extent and commencement |
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(1) |
This Act may be cited as
the Fisheries Jurisdiction Act 2005. |
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(2) |
This Act extends to Northern
Ireland and Scotland. |
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(3) |
For the avoidance of doubt,
this Act shall take effect notwithstanding the |
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Community obligations of
the United Kingdom as defined in the 1972 Act and |
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notwithstanding any provisions
to the contrary in any Community treaty and |
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