Access and licensing: consequential amendments

Fisheries Bill – in a Public Bill Committee at 2:00 pm on 13 December 2018.

Alert me about debates like this

Amendments made: 7, in schedule 3, page 39, line 15, leave out from “(interpretation),” to end of line and insert—

“( ) 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 1995,

(b) which is British-owned, or

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

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

( ) after 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.””

This amendment would ensure that the expressions “British fishing boat” and “foreign fishing boat” bear the same meaning in the Sea Fish (Conservation) Act 1967, and subordinate legislation made under it, as they do the Bill.

Amendment 8, in schedule 3, page 39, line 19, at end insert—

“Fishery Limits Act 1976

5A In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of the Sea Fish (Conservation) Act 1967).

Fisheries Act 1981

5B In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Sea Fish (Conservation) Act 1992

5C In 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

5D (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) in 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) in paragraph 2(3), omit “4 or”.

Marine and Coastal Access Act 2009

5E (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) in 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) Omit 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.”

This amendment would insert additional amendments in connection with the repeal of section 4 of the Sea Fish (Conservation) Act 1967 and its re-enactment in the Bill.

Amendment 9, in schedule 3, page 39, line 32, at end insert—

“Sea Fishing (Licences and Notices) Regulations 1994

6A (1) The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended 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) licences 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 Ministers; 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) by 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) in 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—

““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) 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 Wales as the port to which the boat is to be treated 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) subject 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) for 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) after 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) 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 fishing boat.”;

(e) in paragraph (3), in the closing words, omit “granted by the appropriate 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 fishing 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) A 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 being 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) In 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 immediately 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) after 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 1998 (Agency Arrangements) (Specification) Order 1999

6B (1) The Scotland Act (Agency Arrangements) (Specification) Order 1999 (S.I. 1999/1512) 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.

Scotland Act 1998 (Concurrent Functions) Order 1999

6C (1) The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.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 (Conservation) Act 1967, and

(b) omit the corresponding entry in column 2.

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

6D (1) The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.I. 2011/70) are amended as follows.

(2) In 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) licences 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 Ministers; 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) by 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 apply (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—

““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” substitute “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 Scottish 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), for “a nominee’s” substitute “an”.

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

6E (1) The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827) are amended as follows.

(2) In 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 relevant fishing boats;

(b) licences 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 trans-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) for 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 of 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 Part 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) at 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) in 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 relevant 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 fishing boat.”;

(c) omit paragraph (8).

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

6F (1) The Sea Fishing (Licences and Notices) (Northern Ireland) Regulations 2014 (S.R. (N.I.) 2014 No. 209) are amended as follows.

(2) In 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 Ireland 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 trans-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) in 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) in 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—

““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 is 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) In 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) after 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) 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 fishing boat.”;

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

This amendment would add to Schedule 3 minor and consequential amendments of certain statutory instruments relating to the licensing of fishing boats, including (at the request of the devolved administrations) statutory instruments amendable by the devolved administrations.

Schedule 3, as amended, agreed to.

Clause 18