Marine Scotland

Proposed seafish amendments for UK Fisheries Bill

September 3, 2020 by No Comments | Category EU exit

After clause 37

1 After clause 37, insert—

“Sea Fish Industry Authority

Sea Fish Industry Authority: powers in relation to parts of UK

(1) The Fisheries Act 1981 is amended as follows.

(2) In section 2(1) (duties of the Authority)— (a) after the third “of”, insert “(amongst other things)”, (b) delete the words “as a whole”.

(3) After section 3 (powers of the Authority), insert—

“3A Exercise of functions in relation to different parts of the UK etc.

The Authority may exercise its functions separately and differently in relation to—

(a) the sea fish industry in different parts of the United Kingdom,

(b) sea fish and sea fish products landed in different parts of the United Kingdom,

(c) sea fish and sea fish products trans-shipped in different parts of the sea within British fishery limits adjacent to different parts of the United Kingdom.”.”

2 After clause 37,

insert— “Sea Fish Industry Authority: delegation of functions

(1) The Fisheries Act 1981 is amended as follows.

(2) After section 3A (exercise of functions in relation to different parts of the UK etc.), insert—

“3B Delegation of functions

(1) The Authority may authorise any other person to exercise on its behalf such of its functions and to such extent as it may determine.

(2) The Authority may give to any person authorised under this section to exercise any of its functions— (a) financial assistance (by way of loan, grant or guarantee),

(b) other assistance including assistance by way of the provision of property, staff or services, for the purposes of those functions.

(3) The giving of authority under this section to exercise a function does not—

(a) affect the Authority’s responsibility for the exercise of the function, or

(b) prevent the Authority from exercising the function itself.”.”

3 After clause 37, insert—

“Sea Fish Industry Authority: accounts and reports

(1) The Fisheries Act 1981 is amended as follows.

(2) In section 11 (accounts and reports)— (a) after subsection (2) insert—

“(2A) The statement of accounts must specify the total amount of income received in the financial year from levies imposed under section 4 in relation to sea fish or sea fish products landed in Scotland or trans-shipped within the Scottish zone.”,

(b) after subsection (7) insert—

“(7A) The report must include details of how income received from levies imposed under section 4 has been applied in the financial year in respect of each part of the United Kingdom by the Authority in exercising its functions including in particular details, in respect of each part of the United Kingdom, of how the income has been applied by the Authority in—

(a) promoting the efficiency of the sea fish industry in that part,

(b) promoting the marketing and consumption of, and the export of, sea fish and sea fish products relating to that part.”.”

4 After clause 37, insert—

<Sea Fish Industry Authority: plan relating to allocation of Scottish levies

(1) The Fisheries Act 1981 is amended as follows.

(2) After section 11 (accounts and reports), insert—

“11A Plan relating to allocation of Scottish levies

(1) Before the start of each financial year, the Authority must—

(a) prepare a plan setting out—

(i) an estimate of the total amount of income that the Authority
expects to receive during the financial year from levies imposed
under section 4 in relation to sea fish or sea fish products landed in
Scotland or trans-shipped within the Scottish zone (“Scottish
levies”), and

(ii) a description of how the Authority proposes to apply that income
in the course of exercising its functions, and

(b) refer the plan to the committee appointed under paragraph 16(A1) of
Schedule 1 (“the Scottish committee”) for approval of the Authority’s
proposal mentioned in paragraph (a)(ii).

(2) If, as a result of relevant regulations, the Authority estimates that the total
amount of income that it expects to receive from Scottish levies during a
financial year is greater than the total amount of income that it received from
Scottish levies during the previous financial year, the Authority’s plan
prepared under subsection (1) for the financial year must include a statement
describing how the Authority proposes in particular to apply the additional
income from Scottish levies in the course of exercising its functions.

(3) For the purposes of subsection (2)—

(a) “relevant regulations”, in relation to a financial year, means—

(i) regulations made by the Authority under section 4(2) during the
previous financial year, and

(ii) regulations which the Authority expects to make, and to be
confirmed by the Scottish Ministers, under section 4(2) during the
financial year,

(b) the total amount of income received by the Authority from Scottish
levies during a previous financial year is the total amount of such income
as recorded in the Authority’s accounts kept under section 11(1) in
respect of that year.

(4) The Authority—

(a) must publish a plan prepared under subsection (1) as soon as reasonably
practicable after receiving the Scottish committee’s approval as
mentioned in subsection (1)(b), and

(b) may publish the plan in such manner as it considers appropriate.

(5) The Authority must, as soon as reasonably practicable after publishing a plan
under subsection (4)—

(a) send a copy of the plan to the Scottish Ministers, and

(b) lay the plan before the Scottish Parliament.

(6) The Authority must have regard to each relevant plan—

(a) in the exercise of its functions, and

(b) in particular, in authorising any other person under section 3B to exercise
any of its functions on its behalf.

(7) A person who is authorised by the Authority under section 3B to exercise any
of the Authority’s functions must have regard to each relevant plan in the
exercise of those functions.

(8) In subsections (6) and (7), “relevant plan”, in relation to the exercise of a
function, means—

(a) the latest plan published under subsection (4), and

(b) any earlier plan published under that subsection in so far as it contains a
proposal mentioned in subsection (1)(a)(ii) (or, as the case may be, in
subsection (2)) to apply income during the financial year in which the
function is being exercised.”.>

5 After clause 37, insert—

“Sea Fish Industry Authority: committee for Scotland

(1) The Fisheries Act 1981 is amended as follows.

(2) In schedule 1 (the Sea Fish Industry Authority), in paragraph 16—

(a) before sub-paragraph (1) insert—

“(A1) The Authority must appoint a committee for the purpose of assisting the Authority in the exercise of its functions in relation to the sea fish industry in Scotland.

(A2) The committee is to consist of or include persons who are not members of the Authority.

(A3) The Authority must consult the committee on the exercise of its functions in relation to the sea fish industry in Scotland.”,

(b) in sub-paragraph (1), before “committees” insert “other”,

(c) in sub-paragraph (2), for “such committees” substitute “committees appointed under this paragraph”.”

6 After clause 37, insert—

“Sea Fish Industry Levies Sea Fish Industry Levies: powers in relation to Scotland and the Scottish Zone

(1) The Fisheries Act 1981 is amended as follows.

(2) In section 4 (levies)—

(a) in subsection (2), for “Ministers” substitute “appropriate Ministerial authority”,

(b) in subsection (7), for “Ministers” substitute “appropriate Ministerial authority”,

(c) after subsection (8) insert—

“(8A) In this section, “appropriate Ministerial authority” means—

(a) in relation to sea fish or sea fish products landed in Scotland or transshipped within the Scottish zone, the Scottish Ministers,

(b) in any other case, the Ministers.”,

(d) in subsection (9), after “order” in both places where it occurs insert “of the Ministers”,

(e) after subsection (9) insert—

“(9A) Any order of the Scottish Ministers—

(a) under subsection (2) is subject to the negative procedure,

(b) under subsection (7) is subject to the affirmative procedure.

(9B) Before laying a draft Scottish statutory instrument containing an order under subsection (7) before the Scottish Parliament, the Scottish Ministers must consult—

(a) the committee appointed under paragraph 16(A1) of Schedule 1, and

(b) such other persons as they consider appropriate.”.

(3) In section 14 (interpretation of Part 1), in the definition of “the Ministers”, in paragraph (c), after “with” insert “(except in the case of an order under section 4(2) or (7))”.

(4) In schedule 2 (Sea Fish Industry Levies)—

(a) for “Ministers” in each place where it occurs substitute “appropriate Ministerial authority”,

(b) after paragraph 3 insert—

“4 The Scottish Ministers must, before making an order confirming any regulations, consult—

(a) the committee appointed under paragraph 16(A1) of Schedule 1, and

(b) such other persons as they consider appropriate.

5 In this schedule, “appropriate Ministerial authority” has the same meaning as in section 4 of this Act.”.”

7 After clause 37, insert—

“Sea Fish Industry Levies: definitions relating to Scotland and the Scottish Zone

(1) The Fisheries Act 1981 is amended as follows.

(2) In section 14 (interpretation of Part 1), after the definition of “the Ministers” insert— ““Scotland” and “the Scottish zone” have the same meanings as in the Scotland Act 1998 (see section 126(1) and (2) of that Act);”.”


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