Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018 (S.R. No. 185 of 2018)

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY RULES OF NORTHERN IRELAND 2018 No. 185 SEA FISHERIES The Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018 Made - - - - 25th October 2018 Coming into operation- 1st December 2018 The Department of Agriculture, Environment and Rural Affairs(1) is designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agriculture policy and the environment of the European Union. The Department of Agriculture, Environment and Rural Affairs makes the following Order in exercise of powers conferred by section 127(1) and (3A) of the Fisheries Act (Northern Ireland) 1966(4), section 2(2) of the European Communities Act 1972 and section 30(2) of the Fisheries Act 1981(5). Citation and commencement 1. This Order may be cited as the Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018 and shall come into operation on 1 December 2018. Amendment to secondary legislation 2. Schedule 1 shall have effect. Revocations 3. The Orders in Schedule 2 are revoked insofar as they relate to Northern Ireland. 4. The Regulations in Schedule 3 are revoked. (1) The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act 1973 (c.36). The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1)). The Department of Agriculture and Rural Development was renamed the Department of Agriculture, Environment and Rural Affairs by section 1(2) of the Departments Act (Northern Ireland) 2016 (c.5) (N.I.). (2) S.I. 2000/2812 and S.I. 2008/301 (3) 1972 c.68. (4) 1966 c.17 (5) 1981 c.29 http://www.legislation.gov.uk/id/ukpga/1973/36 http://www.legislation.gov.uk/id/nisi/1999/283 http://www.legislation.gov.uk/id/nia/2016/5 http://www.legislation.gov.uk/id/uksi/2000/2812 http://www.legislation.gov.uk/id/uksi/2008/301 http://www.legislation.gov.uk/id/ukpga/1972/68 http://www.legislation.gov.uk/id/ukpga/1966/17 http://www.legislation.gov.uk/id/ukpga/1981/29 Document Generated: 2019-06-22 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 25 October 2018. Dr John Speers A senior officer of the Department of Agriculture, Environment and Rural Affairs 2 Document Generated: 2019-06-22 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. S C H E D U L E S SCHEDULE 1 Article 2 Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000 1. In Article 2(1) (Interpretation) of The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000(6) after the definition of “the Act” insert— ““British fishing boat” means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(7) or is owned by persons qualified to own British ships for the purposes of that part of the Act; “foreign fishing boat” means a fishing boat which is not a British fishing boat; and”. The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005 2. In regulations 14(3) of The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005(8) for “justice of the peace” and “justice” substitute “lay magistrate”. SCHEDULE 2 Article 3 Revocations Instruments revoked Reference Extent The Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984 S.I. 1984 No. 291 The Whole Order, in Northern Ireland The Fishing Boat (Marking and Documentation) (Enforcement) Order 1993 S.I. 1993 No. 2015 The Whole Order, In Northern Ireland The Sea Fishing (Enforcement of Community Control Measures) Order 2000 S.I. 2000 No. 51 The Whole Order, in Northern Ireland The Sea Fishing (Enforcement of Community Satellite Monitoring Measure) Order 2000 S.I. 2000 No. 181 The Whole Order, in Northern Ireland (6) S.R. 2000 No. 200 (7) 1995 c.21 (8) S.R. 2005 No. 419 as amended by S.R. 2016 No. 120 3 http://www.legislation.gov.uk/id/uksi/1984/291 http://www.legislation.gov.uk/id/uksi/1993/2015 http://www.legislation.gov.uk/id/uksi/2000/51 http://www.legislation.gov.uk/id/uksi/2000/181 http://www.legislation.gov.uk/id/nisr/2000/200 http://www.legislation.gov.uk/id/ukpga/1995/21 http://www.legislation.gov.uk/id/nisr/2005/419 http://www.legislation.gov.uk/id/nisr/2016/120 Document Generated: 2019-06-22 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Instruments revoked Reference Extent The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000 S.I. 2000 No. 827 The Whole Order, in Northern Ireland The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 S.I. 2000 No. 1081 The Whole Order, in Northern Ireland The Undersized Lobsters Order 2000 S.I. 2000 No. 1503 The Whole Order, in Northern Ireland The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Amendment) Order 2000 S.I. 2000 No. 2008 The Whole Order, in Northern Ireland The Sea Fishing (North-East Atlantic Control Measures) Order 2000 S.I. 2000 No. 1843 The Whole Order, in Northern Ireland The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 2002 S.I. 2002 No. 426 The Whole Order, in Northern Ireland The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2005 S.I. 2005 No. 2624 The Whole Order, in Northern Ireland The Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2007 S.R. 2007 No. 407 The Whole Order The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) Order (Northern Ireland) 2008 S.R. 2008 No. 484 The Whole Order SCHEDULE 3 Article 4 Revocations Regulations revoked Reference The Fisheries and Aquaculture Structures (Grants) Regulations (Northern Ireland) 1995 S.R. 1995 No. 1576 The Fisheries and Aquaculture Structures (Grants) (Amendment) Regulations (Northern Ireland) 1998 S.R. 1998 No. 243 4 http://www.legislation.gov.uk/id/uksi/2000/827 http://www.legislation.gov.uk/id/uksi/2000/1081 http://www.legislation.gov.uk/id/uksi/2000/1503 http://www.legislation.gov.uk/id/uksi/2000/2008 http://www.legislation.gov.uk/id/uksi/2000/1843 http://www.legislation.gov.uk/id/uksi/2002/426 http://www.legislation.gov.uk/id/uksi/2005/2624 http://www.legislation.gov.uk/id/nisr/2007/407 http://www.legislation.gov.uk/id/nisr/2008/484 http://www.legislation.gov.uk/id/nisr/1995/1576 http://www.legislation.gov.uk/id/nisr/1998/243 Document Generated: 2019-06-22 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Regulations revoked Reference The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations (Northern Ireland) 2007 S.R. 2007 No. 23 EXPLANATORY NOTE (This note is not part of the Order) This Order makes minor amendments to a number of statutory rules and revokes a number of other statutory instruments, Article 2 and Schedule 1 provide for a number of minor amendments which correct a drafting omission and some definitions. Article 3 and Schedule 2 revoke 13 statutory instruments insofar as they extend to Northern Ireland. Article 4 and Schedule 3 revoke 3 statutory rules in their entirety. 5 http://www.legislation.gov.uk/id/nisr/2007/23