Welsh Statutory Instruments

2008 No. 3144 (W.279)

SEA FISHERIES, WALES

CONSERVATION OF SEA FISH

The Shrimp Fishing Nets (Wales) (Amendment) Order 2008

Made

8 December 2008

Laid before the National Assembly for Wales

9 December 2008

Coming into force

2 January 2009

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2), as read with paragraph 1A of Schedule 2 to that Act(3), in relation to the common agricultural policy of the European Community.

This Order amends the 2008 Order that makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references to European Community instruments in the 2008 Order to be construed as references to those instruments as amended from time to time.

The Welsh Ministers, in exercise of the powers conferred by section 3(1) of the Sea Fish (Conservation) Act 1967(4), and in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972, make the following Order:

Title, application and commencement

1.  The title of this Order is the Shrimp Fishing Nets (Wales) (Amendment) Order 2008. It applies in relation to Wales and comes into force on 2 January 2009.

Amendments

2.—(1) The Shrimp Fishing Nets (Wales) Order 2008(5) is amended as follows.

(2) In article 3, paragraph 1(d), of the English text for “or” substitute “of”, and in article 3, paragraph 1(ch) of the Welsh text delete the word “ac”.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

8 December 2008

Explanatory Note

(This note is not part of the Order)

This Order amends article 3(1)(d) of the Shrimp Fishing Nets (Wales) Order 2008 (“the 2008 Order”).

(1)

S.I. 2005/2766 (as amended by S.I. 2006/3329). By virtue of sections 59(1) and 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c. 38)) are exercisable by the Welsh Ministers.

(3)

Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

(4)

1967 c. 84. Section 3 was amended by the Fishery Limits Act 1976 (c. 86), section 9(1) and Schedule 2, paragraph 16(1); the Inshore Fishing (Scotland) Act 1984 (c. 26), section 10(1) and Schedule 1 and S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1), (2) and (4). See section 22(2)(a) for definitions of “the Ministers” for the purposes of section 3; section 22(2) was amended by the Fisheries Act 1981 (c. 29), sections 19(2)(d) and 45(b) and (c) and by S.I. 1999/1820, article 4, paragraph 43(12) of Schedule 2. The functions of the Ministers in section 3(1) of the 1967 Act, so far as they are exercisable in relation to Wales, transferred to the Secretary of State for Wales by the Transfer of Functions (Wales) (No 1) Order 1978 (S.I. 1978/272). Functions of the Secretary of State for Wales transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998) by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).