1 Title, commencement and application

(1)    The title of this Order is the Marine and Coastal Access Act 2009 (Commencement No 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010.

(2)    This Order comes into force on 1st April 2010.

(3)    Articles 1, 2, 9, 10, 11 and 12 of, and Schedule 2 to, this Order apply in relation to England and Wales.

(4)    Save as provided in paragraph (3), this Order applies in relation to Wales.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see para (2) above.

2 Interpretation

2Interpretation

(1)    In this Order—

“the 1966 Act” means the Sea Fisheries Regulation Act 1966;

“the 2006 Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006;

“England” includes the sea adjacent to England to a distance of 12 nautical miles from the baselines from which the breadth of the territorial sea is measured;

“Menai Strait Fishery Order Management Association” means the Menai Strait Fishery Order Management Association (Company Registration Number 07163689);

“North Western and North Wales Sea Fisheries Committee” means the local fisheries committee for the North Western and North Wales Sea Fisheries District referred to in the North Western and North Wales Sea Fisheries District Order 1999;

“relevant employee” has the meaning given in paragraph (2);

“South Wales Sea Fisheries Committee” means the local fisheries committee for the South Wales Sea Fisheries District created by Order of the Board of Agriculture and Fisheries on 27th June 1912;

“the transfer date” means 1st April 2010; and

“Wales” has the meaning given by section 158(1) and (3) of the Government of Wales Act 2006.

(2)    In this Order, “relevant employee” means—

(a)    for the purposes of article 5, any person—

(i)    who was employed by or on behalf of the South Wales Sea Fisheries Committee immediately before the transfer date, and

(ii)    whose contract of employment has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise); and

(b)    for the purposes of articles 9 and 10(3), any person—

(i)    who was employed by or on behalf of the North Western and North Wales Sea Fisheries Committee immediately before the transfer date,

(ii)    whose contract of employment has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise), and

(iii)    who was employed in one of the following positions—

(aa)    Principal Fishery Officer,

(bb)    Senior Fishery Officer, whose principal place of employment immediately before the transfer date was in Wales,

(cc)    Fishery Officer, whose principal place of employment immediately before the transfer date was in Wales,

(dd)    Fishery Patrol Vessel Master,

(ee)    Fishery Patrol Vessel Crew,

(ff)    Fishery Patrol Vessel Engineer,

(gg)    Traeth Lafan Project Officer, or

(hh)    Marine Biodiversity Officer.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries97 Fisheries97 Company Law & Business Entities95 Companies & Corporate Bodies95

3 Appointed day

3Appointed day

1st April 2010 is the day appointed for the coming into force in relation to Wales of the following provisions of the Marine and Coastal Access Act 2009—

(a)    section 187 (abolition of local fisheries committees); and

(b)    Part 4 (management of inshore fisheries) of Schedule 22 (repeals) and section 321 (repeals) so far as relating to those provisions.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

4 Consequential amendments to, and revocations of, existing enactments

4Consequential amendments to, and revocations of, existing enactments

On the transfer date—

(a)    the enactments specified in Part 1 of Schedule 1 are amended in relation to Wales in accordance with that Part; and

(b)    the enactments specified in Part 2 of Schedule 1 are revoked in relation to Wales.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

5 Transfer of employees

Part2South Wales Sea Fisheries Committee 5Transfer of employees

(1)    Subject to the provisions of this article, all relevant employees transfer to and become, on the transfer date, members of the staff of the Welsh Assembly Government.

(2)    The contract of employment of a relevant employee whose employment is transferred under paragraph (1)—

(a)    is not terminated by the transfer; and

(b)    has effect on and after the transfer date as if that employee had become a member of the staff of the Welsh Assembly Government on the date that that employee's employment by or on behalf of the South Wales Sea Fisheries Committee began.

(3)    Without prejudice to paragraph (2)—

(a)    all the rights, powers, duties and liabilities under, or in connection with, the contract of employment of a relevant employee whose employment is transferred under paragraph (1), transfer to and vest in the Welsh Ministers on the transfer date; and

(b)    anything done before that date by, or in relation to, the South Wales Sea Fisheries Committee in respect of that contract of employment or that employee, is deemed on and after the transfer date to have been done by, or in relation to, the Welsh Ministers.

(4)    Notwithstanding regulation 3(5) of the 2006 Regulations, the transfer effected by articles 5 and 6(1) is to be treated for all purposes as a relevant transfer within the meaning of the 2006 Regulations.

(5)    Where a relevant employee becomes a member of the staff of the Welsh Assembly Government pursuant to paragraph (1), the period of employment with that employee's employer immediately before the transfer date—

(a)    counts as a period of employment as a member of the staff of the Welsh Assembly Government; and

(b)    is to be treated as continuous employment as a member of the staff of the Welsh Assembly Government for the purposes of section 218(3) of the Employment Rights Act 1996.

(6)    Nothing in this article affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in that person's working conditions.

(7)    Notwithstanding regulation 4(7) of the 2006 Regulations, paragraphs (1) to (5) do not transfer a relevant employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee objected to that transfer of that employee's contract of employment and had informed the Welsh Ministers in writing of that objection on or before 31st March 2010.

(8)    Notwithstanding regulation 4(8) of the 2006 Regulations, where an employee has objected in accordance with paragraph (7)—

(a)    that employee's contract of employment is terminated on the transfer date; and

(b)    that employee is not to be treated for any purposes as having been dismissed.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Contract Law94 Agriculture, Animals & Fisheries92 Fisheries92 Breach, Discharge & Rescission of Contract94

6 Transfer of property, rights and liabilities

6Transfer of property, rights and liabilities

(1)    Save as provided by articles 5 and 7, on the transfer date—

(a)    all the property held by, on behalf of or for the purposes of the South Wales Sea Fisheries Committee immediately before that date; and

(b)    all rights and liabilities to which the South Wales Sea Fisheries Committee was entitled or subject immediately before that date,

are transferred to and vest in the Welsh Ministers.

(2)    A certificate issued by the Welsh Ministers that any property has been transferred by paragraph (1) is conclusive evidence of the transfer.

(3)    Paragraph (1) has effect in relation to the property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those property, rights or liabilities otherwise than by that paragraph.

(4)    The liabilities falling within paragraph (1)(b) include liabilities in respect of persons formerly employed by or on behalf of the South Wales Sea Fisheries Committee.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries93 Fisheries93

7 The Burry Inlet Cockle Fishery Order 1965

7The Burry Inlet Cockle Fishery Order 1965

(1)    Article 6(1) does not apply to any functions, property, rights or liabilities transferred by paragraph (2).

(2)    On the transfer date—

(a)    the functions that were exercisable by the South Wales Sea Fisheries Committee immediately before the transfer date; and

(b)    the property, rights and liabilities to which the South Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,

pursuant to the Burry Inlet Cockle Fishery Order 1965 are transferred to the Environment Agency.

(3)    On the transfer date the Burry Inlet Cockle Fishery Order 1965 is amended as follows—

(a)    in article 2(1), for “Local Sea Fisheries Joint Committee for the South Wales Sea Fisheries District” substitute “Environment Agency”; and

(b)    in each place where it occurs, for “Committee” substitute “Agency”.

(4)    Paragraph (2) has effect in relation to the functions, property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those functions, property, rights or liabilities otherwise than by that paragraph.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries93 Fisheries93

8 Transitional provisions

8Transitional provisions

(1)    Nothing in article 3, 5, 6 or 7 affects the validity of anything done by or in relation to the South Wales Sea Fisheries Committee before the transfer date.

(2)    There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which—

(a)    relates to any of the functions, other than those transferred by article 7(2), that were exercisable by the South Wales Sea Fisheries Committee immediately before the transfer date or to any property, rights or liabilities transferred by article 5 or 6(1);

(b)    is in the process of being done by or in relation to the South Wales Sea Fisheries Committee immediately before the transfer date; and

(c)    could lawfully be undertaken by or in relation to the Welsh Ministers.

(3)    Anything—

(a)    done by the South Wales Sea Fisheries Committee for the purpose of or in connection with any of the functions, other than those transferred by article 7(2), which were exercisable by it immediately before the transfer date or for the purpose of or in connection with any property, rights or liabilities transferred by article 5 or 6(1); and

(b)    in effect immediately before the transfer date,

has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake that action.

(4)    The Welsh Ministers are substituted for the South Wales Sea Fisheries Committee in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions, other than those transferred by article 7(2), that were exercisable by the South Wales Sea Fisheries Committee immediately before the transfer date.

(5)    There may be continued by or in relation to the Environment Agency anything (including legal proceedings) which—

(a)    relates to any of the functions, property, rights or liabilities transferred by article 7(2);

(b)    is in the process of being done by or in relation to the South Wales Sea Fisheries Committee immediately before the transfer date; and

(c)    could lawfully be undertaken by or in relation to the Environment Agency.

(6)    Anything which—

(a)    was done by the South Wales Sea Fisheries Committee for the purpose of or in connection with any of the functions, property, rights or liabilities transferred by article 7(2); and

(b)    is in effect immediately before the transfer date,

has effect on and after the transfer date as if done by the Environment Agency to the extent that the Environment Agency could lawfully undertake that action.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries93 Fisheries93 Institutions & Organisations95 Environmental Law95

9 Transfer of employees

Part3North Western and North Wales Sea Fisheries Committee 9Transfer of employees

(1)    Subject to the provisions of this article, all relevant employees transfer to and become, on the transfer date, members of the staff of the Welsh Assembly Government.

(2)    The contract of employment of a relevant employee whose employment is transferred under paragraph (1)—

(a)    is not terminated by the transfer; and

(b)    has effect on and after the transfer date as if that employee had become a member of the staff of the Welsh Assembly Government on the date that that employee's employment by or on behalf of the North Western and North Wales Sea Fisheries Committee began.

(3)    Without prejudice to paragraph (2)—

(a)    all the rights, powers, duties and liabilities under, or in connection with, the contract of employment of a relevant employee whose employment is transferred under paragraph (1), transfer to and vest in the Welsh Ministers on the transfer date; and

(b)    anything done before that date by, or in relation to, the North Western and North Wales Sea Fisheries Committee in respect of that contract of employment or that employee, is deemed on and after the transfer date to have been done by, or in relation to, the Welsh Ministers.

(4)    Notwithstanding regulation 3(5) of the 2006 Regulations, the transfer effected by articles 9 and 10 is to be treated for all purposes as a relevant transfer within the meaning of the 2006 Regulations.

(5)    Where a relevant employee becomes a member of the staff of the Welsh Assembly Government pursuant to paragraph (1), the period of employment with that employee's employer immediately before the transfer date—

(a)    counts as a period of employment as a member of the staff of the Welsh Assembly Government; and

(b)    is to be treated as continuous employment as a member of the staff of the Welsh Assembly Government for the purposes of section 218(3) of the Employment Rights Act 1996.

(6)    Nothing in this article affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in that person's working conditions.

(7)    Notwithstanding regulation 4(7) of the 2006 Regulations, paragraphs (1) to (5) do not transfer a relevant employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee objected to that transfer of that employee's contract of employment and had informed the Welsh Ministers in writing of that objection on or before 31st March 2010.

(8)    Notwithstanding regulation 4(8) of the 2006 Regulations, where an employee has objected in accordance with paragraph (7)—

(a)    that employee's contract of employment is terminated on the transfer date; and

(b)    that employee is not to be treated for any purposes as having been dismissed.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Contract Law94 Agriculture, Animals & Fisheries91 Fisheries91 Breach, Discharge & Rescission of Contract94

10 Transfer of property, rights and liabilities

10Transfer of property, rights and liabilities

(1)    On the transfer date—

(a)    all property held by, on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and

(b)    all rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,

in relation to all the premises listed in Part 1 of Schedule 2, including any fixtures, fittings and trade fixtures at, in or on such premises, transfer to and vest in the Welsh Ministers.

(2)    Save as provided by paragraph (1) and articles 9 and 11, on the transfer date—

(a)    all the property held by, on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and

(b)    all rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,

in relation to the assets mentioned in paragraph (3), transfer to and vest in the Welsh Ministers.

(3)    The assets referred to in paragraph (2) are—

(a)    the personal or other moveable assets at, in or on any of the premises listed in Part 1 of Schedule 2;

(b)    the personal or other moveable assets not included in sub-paragraph (a) and provided by, on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee for the sole use of—

(i)    those of its staff whose principal place of employment immediately before the transfer date was in Wales, or

(ii)    any relevant employee whose employment is transferred under article 9(1); and

(c)    the assets listed in Part 2 of Schedule 2.

(4)    Save as provided by paragraphs (1) and (2) and articles 9 and 11, all rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject in relation to Wales immediately before the transfer date are, on the transfer date, transferred to and vest in the Welsh Ministers.

(5)    A certificate issued by the Welsh Ministers that any property has been transferred by paragraphs (1) and (2) is conclusive evidence of the transfer.

(6)    Paragraphs (1), (2) and (4) have effect in relation to the property, rights and liabilities to which they apply in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those property, rights or liabilities otherwise than by those paragraphs.

(7)    The liabilities falling within paragraph (4) include liabilities in respect of any person who meets all of the criteria set out in paragraph (8).

(8)    For the purposes of paragraph (7), the criteria are—

(a)    that person was formerly employed by or on behalf of the North Western and North Wales Sea Fisheries Committee; and

(b)    that person was entirely or substantially employed in carrying out the functions of the North Western and North Wales Sea Fisheries Committee in relation to Wales.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries93 Fisheries93

11 The Menai Strait Oyster and Mussel Fishery Order 1962

11The Menai Strait Oyster and Mussel Fishery Order 1962

(1)    Article 10 does not apply to any functions, property, rights or liabilities transferred by paragraph (2).

(2)    On the transfer date—

(a)    the functions that were exercisable by the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and

(b)    the property, rights and liabilities to which the North Western and North Wales Sea Fisheries Committee was entitled or subject immediately before the transfer date,

pursuant to the Menai Strait Oyster and Mussel Fishery Order 1962 are transferred to the Menai Strait Fishery Order Management Association.

(3)    On the transfer date the Menai Strait Oyster and Mussel Fishery Order 1962 is amended as follows—

(a)    for article 2, substitute—

“2

The Menai Strait Fishery Order Management Association (Company Registration Number 07163689) (in this Order called “the Company”) is the grantee of this Order.”;

(b)    in each place where it occurs, for “the Grantees” substitute “the Company”;

(c)    in article 5, delete the word “themselves”;

(d)    in paragraphs (a) and (b) of article 7, in each place where it occurs, for “they” substitute “it”;

(e)    in article 8, omit paragraph (3);

(f)    in article 10—

(i)    for “they” substitute “it”, and

(ii)    for “arrange” substitute “arranges”;

(g)    in article 13, in each place where it occurs, for “their” substitute “the Company's”;

(h)    in article 14(6), for “their” substitute “the Company's”; and

(i)    in article 15, in each place where it occurs, for “their” substitute “the Company's”.

(4)    Paragraph (2) has effect in relation to the functions, property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of those functions, property, rights or liabilities otherwise than by that paragraph.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries94 Fisheries94 Company Law & Business Entities94 Companies & Corporate Bodies94

12 Transitional provisions

12Transitional provisions

(1)    Nothing in article 3, 9, 10 or 11 affects the validity of anything done by or in relation to the North Western and North Wales Sea Fisheries Committee in relation to Wales before the transfer date.

(2)    There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which—

(a)    relates to any of the functions, other than those transferred by article 11(2), that were exercisable by the North Western and North Wales Sea Fisheries Committee in relation to Wales immediately before the transfer date or to any property, rights or liabilities transferred by article 9 or 10;

(b)    is in the process of being done by or in relation to the North Western and North Wales Sea Fisheries Committee in relation to Wales immediately before the transfer date; and

(c)    could lawfully be undertaken by or in relation to the Welsh Ministers.

(3)    Anything—

(a)    done by the North Western and North Wales Sea Fisheries Committee in relation to Wales for the purpose of or in connection with any of the functions, other than those transferred by article 11(2), which were exercisable by it immediately before the transfer date or for the purpose of or in connection with any property, rights or liabilities transferred by article 9 or 10; and

(b)    in effect immediately before the transfer date,

has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake that action.

(4)    The Welsh Ministers are substituted for the North Western and North Wales Sea Fisheries Committee in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions, other than those transferred by article 11(2), that were exercisable by the North Western and North Wales Sea Fisheries Committee in relation to Wales immediately before the transfer date.

(5)    There may be continued by or in relation to the Menai Strait Fishery Order Management Association anything (including legal proceedings) which—

(a)    relates to any of the functions, property, rights or liabilities transferred by article 11(2);

(b)    is in the process of being done by or in relation to the North Western and North Wales Sea Fisheries Committee immediately before the transfer date; and

(c)    could lawfully be undertaken by or in relation to the Menai Strait Fishery Order Management Association.

(6)    Anything which—

(a)    was done by the North Western and North Wales Sea Fisheries Committee in relation to Wales for the purpose of or in connection with any of the functions, property, rights or liabilities transferred by article 11(2); and

(b)    is in effect immediately before the transfer date,

has effect on and after the transfer date as if done by the Menai Strait Fishery Order Management Association to the extent that that company could lawfully undertake that action.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries93 Fisheries93

13 Byelaws of the South Wales Sea Fisheries Committee, the North Western and North Wales Sea Fisheries Committee and the Environment Agency whilst exercising the powers of a local fisheries committee

Part4Byelaws 13Byelaws of the South Wales Sea Fisheries Committee, the North Western and North Wales Sea Fisheries Committee and the Environment Agency whilst exercising the powers of a local fisheries committee

(1)    Any provision of the byelaws of the South Wales Sea Fisheries Committee listed at Schedule 3 which—

(a)    is in force immediately before article 3 comes into force; and

(b)    could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,

takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.

(2)    To the extent that it could have been made in a statutory instrument by the Welsh Ministers under section 5 of the Sea Fish (Conservation) Act 1967 and section 189 of the Marine and Coastal Access Act 2009, byelaw 38 (maximum vessel size) of the South Wales Sea Fisheries Committee takes effect, with the omission of paragraph 3 of that byelaw, after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under those Acts in relation to the same area of Wales as the area to which that provision originally applied.

(3)    Any provision of the byelaws of the North Western and North Wales Sea Fisheries Committee listed at Schedule 4 which—

(a)    is in force immediately before article 3 comes into force;

(b)    relates to any part of Wales; and

(c)    could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,

takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.

(4)    Any provision of the byelaws made by the Environment Agency, or its predecessors, whilst exercising the powers of a local fisheries committee and listed at Schedule 5 which—

(a)    is in force immediately before article 3 comes into force;

(b)    relates to any part of Wales; and

(c)    could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,

takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.

(5)    There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which relates to any of the byelaws falling within paragraphs (1) to (4), and is in the process of being done immediately before article 3 comes into force to the extent that the Welsh Ministers could lawfully undertake or be involved in that action.

(6)    Anything which was done by—

(a)    the South Wales Sea Fisheries Committee;

(b)    the North Western and North Wales Sea Fishery Committee; or

(c)    the Environment Agency, or its predecessors, whilst exercising the powers of a local fisheries committee,

for the purpose of or in connection with any of the byelaws falling within paragraphs (1) to (4) and which is in effect immediately before the transfer date, has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake or be involved in that action.

(7)    The Welsh Ministers are substituted for the Environment Agency, or its predecessors, in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the byelaws falling within paragraph (4).

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

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Signature

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

5th March 2010

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

8th March 2010

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SCHEDULE 3 Byelaws of the South Wales Sea Fisheries Committee

SCHEDULE 3Byelaws of the South Wales Sea Fisheries Committee Article 13(1)
Byelaw NumberTitle
Byelaw 2Application
Byelaw 3Lobster—Minimum size
Byelaw 5Protection of V-Notched Lobsters
Byelaw 6Crabs—Minimum size
Byelaw 7Crawfish—Minimum size
Byelaw 8Bass—Minimum Size
Byelaw 9Thick Lipped Grey Mullet—Minimum size
Byelaw 10Skate and Ray—Minimum size
Byelaw 11Whelk—Minimum Size
Byelaw 12Winkles
Byelaw 13Shellfish—Minimum Sizes
Byelaw 14Scallops—Minimum Size
Byelaw 15Vehicle Usage in the Burry Inlet Cockle Fishery
Byelaw 16No Sunday Gathering
Byelaw 17The Licensing of Cockle Gathering in the Burry Inlet
Byelaw 18Daily Cockle Quota (Burry Inlet)
Byelaw 19Personal Cockle Gathering—Burry Inlet
Byelaw 20Protection of Shellfish Beds—Burry Inlet
Byelaw 21Prohibition of night gathering of Cockles
Byelaw 22Allowances for Weighing
Byelaw 23Shellfish—Re-Deposit of
Byelaw 24Temporary Closure of Shellfish fisheries
Byelaw 25Prohibited area for Towed Fishing Gear Milford Haven
Byelaw 26Prohibited area for Trawl and Seine Nets Milford Haven
Byelaw 27Prohibited area for use of Dredges and Beam Trawls - Skomer
Byelaw 28Prohibited area for Scallop Fishing - Skomer
Byelaw 29Bass Nursery Area—Restrictions on Fishing
Byelaw 30Fixed Nets
Byelaw 31Drift Net Prohibitions
Byelaw 32Mesh Sizes—Nets other than Trawl and Purse Seine Nets
Byelaw 33Set, Stake and Stop Nets
Byelaw 34Set and Drift Nets
Byelaw 35Reducing Mesh of Nets
Byelaw 36Minimum Size of Nets in the Burry Inlet
Byelaw 37Beach Drag and Beach Seine Nets
Byelaw 39Beam Trawl Restriction
Byelaw 40Bivalve Molluscan Shellfish—Methods of Fishing
Byelaw 41Boat Fishing (Catch Returns) Permit
Byelaw 42Set or Night Lines
Byelaw 43Foul Hooking of Sea fish
Byelaw 44Marking of Fishing Gear and Keep Pots
Byelaw 45Restriction on fishing for Scallops
Byelaw 46Parts of Crustacean Shellfish
Byelaw 47Permit to Take Cockles within the Three Rivers Estuary
Byelaw 48Vehicle Usage within the Three Rivers Estuary
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

Agriculture, Animals & Fisheries92 Fisheries92

SCHEDULE 4 Byelaws of the North Western and North Wales Sea Fisheries Committee

SCHEDULE 4Byelaws of the North Western and North Wales Sea Fisheries Committee Article 13(3)
Byelaw NumberTitle
Byelaw 1
Byelaw 2Attachments to Nets
Byelaw 3Prohibition of Seine Netting
Byelaw 4Mesh Size—Trawl Nets
Byelaw 5Permit to fish for Cockles (Cerastoderma edule) and Mussels (Mytilis edulis)
Byelaw 6Shrimp and Prawns—Restriction on Fishing
Byelaw 7Mesh Sizes—Nets other than Trawl Nets
Byelaw 8Small Mesh Nets—Other than Trawl Nets—Restrictions
Byelaw 9Mechanically Propelled Vessels—Maximum Length
Byelaw 10Set and Drift Nets
Byelaw 11Marking of Fishing Gear and Keep Pots
Byelaw 12Restrictions on Fishing for Bivalve Molluscan Shellfish
Byelaw 13Cockles—Minimum Size
Byelaw 13ACockles and Mussels—Management of the Fishery
Byelaw 14Cockle Fishery—Seasonal Closure
Byelaw 15Mussels—Minimum Size
Byelaw 16Shell Fishery—Temporary Closure
Byelaw 17Re-Deposit of Shellfish
Byelaw 18Foul Hooking of Sea Fish
Byelaw 19Specified Fish Sizes
Byelaw 20Restriction of Fishing for Escallop in Cardigan Bay
Byelaw 21Prohibition of Bottom Towed Fishing Gear
Byelaw 24Fixed Engines—Prohibitions (Wales)
Byelaw 25Drift Nets—Prohibitions (Wales)
Byelaw 28Application of Byelaws
Byelaw 29Minimum size of Lobster
Byelaw 30Fishing for Lobster, Crawfish, Crab Prawn and Whelk
Byelaw 31Protection of V-Notched Lobsters
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

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SCHEDULE 5 Byelaws of the Environment Agency, or its Predecessors, Made Whilst Exercising the Powers of a Local Fisheries Committee.

SCHEDULE 5Byelaws of the Environment Agency, or its Predecessors, Made Whilst Exercising the Powers of a Local Fisheries Committee. Article 13(4)
Byelaw Number of the 1990 National Rivers Authority (Welsh Region) Fishery Byelaws (also known as the Wales Sea Fishery Byelaws) as amended by modification confirmed by the Secretary of State for Wales on 5th August 1992 and by the Minister of Agriculture, Fisheries and Food on 11th August 1992.Title
Byelaw 1Application of Byelaws
Byelaw 2Interpretation
Byelaw 3Placing and Use of Fixed Engines
Byelaw 4Method of Construction and Manner of Use of Fixed Engines
Byelaw 5Use of Instruments
Byelaw 6Foul Hooking of Fish
Byelaw 7Protection for certain acts
Byelaw Number of Welsh National Water Development Authority, Dee and Clwyd River Division, Byelaws for Regulating the Sea Fisheries (also known as the River Dee Sea Fishery Byelaws) made by the Board of Conservators of the Dee Fishery District and confirmed by a certificate of the Board of Trade on 2nd July 1895.
Byelaw 1
Byelaw 2
Byelaw 3
Byelaw 4
Byelaw 5
Byelaw 6
Byelaw 7
Byelaw 8
Byelaw 9
Byelaw 10
Byelaw 11
Byelaw 12
Byelaw 13
Byelaw 14
Byelaw 15
Byelaw 16
Byelaw 17
Byelaw 18
Byelaw 19
Byelaw 20
Byelaw 21
Byelaw Number of the National Rivers Authority Welsh Region, Byelaws Regulating Fishing for Shellfish in the River Dee and its Estuary (also known as the Dee Shellfish Byelaws)Title
Byelaw 1Application of Byelaws
Byelaw 2Interpretation
Byelaw 3Fishing for Cockles
Byelaw 4Minimum Size of Cockles
Byelaw 5The Annual Close Season for Cockles
Byelaw 6Shell Fishery—Temporary Closure
Byelaw 7Redeposit of Shellfish
Byelaw 8Introduction of Shellfish
Byelaw 9Catch Returns
Byelaw 10The Protection for Scientific Acts
Byelaw 11Protection of Shellfish Beds
Byelaw 12Use of Nets—Beam Trawl or Otter Trawl
Byelaw 13Mechanically Propelled Vehicles
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(2).

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

Article 3 of this Order brings into force on 1st April 2010 the following provisions of the Marine and Coastal Access Act 2009 (c 23) (“the 2009 Act”), in relation to Wales—

(a)    section 187, which repeals the Sea Fisheries Regulation Act 1966 (c 38) (“the 1966 Act”); and

(b)    section 321, in so far as it relates to the repeals in Part 4 (Management of Inshore Fisheries) of Schedule 22 (Repeals) to the 2009 Act, which makes changes to other enactments which are consequential upon repeal of the 1966 Act.

Article 4 of, and Schedule 1 to, this Order make a number of amendments to and revocations of subordinate legislation, in relation to Wales, which are consequential upon repeal of the 1966 Act. The repeal of the 1966 Act in relation to Wales will result in the dissolution of the South Wales Sea Fisheries Committee and the North Western and North Wales Sea Fisheries Committee, so far as the latter relates to Wales.

Article 5 provides for the transfer of the staff employed by or on behalf of the South Wales Sea Fisheries Committee so that those individuals will become members of the staff of the Welsh Assembly Government on 1st April 2010.

Article 6 provides that, apart from the transfer effected by article 7, all property held by or on behalf of or for the purposes of the South Wales Sea Fisheries Committee, together with all rights and liabilities to which that Sea Fisheries Committee was entitled or subject, are transferred to the Welsh Ministers on 1st April 2010.

Article 7 transfers the functions, properties rights and liabilities of the South Wales Sea Fisheries Committee under the Burry Inlet Cockle Fishery Order 1965 (SI 1965/1235) to the Environment Agency.

Article 9 provides for the transfer of the staff employed by or on behalf of the North Western and North Wales Sea Fisheries Committee so that those individuals will become members of the staff of the Welsh Assembly Government on 1st April 2010.

Article 10 provides that, apart from the transfer effected by article 11, the property specified in that article (and the related Schedule 2) held by or on behalf of or for the purposes of the North Western and North Wales Sea Fisheries Committee, together with associated rights and liabilities, are transferred to the Welsh Ministers on 1st April 2010. It further provides that all other rights and liabilities to which that Sea Fisheries Committee was entitled or subject so far as the same related to Wales are transferred to the Welsh Ministers on 1st April 2010.

Article 11 transfers the functions, properties rights and liabilities of the North Western and North Wales Sea Fisheries Committee under the Menai Strait Oyster and Mussel Fisheries Order 1962 (SI 1962/705) to the Menai Strait Fishery Order Management Association.

Articles 8 and 12 make certain transitional and saving provisions relating to the functions, staff, property, rights and liabilities transferred by this Order. Article 13 makes transitional and saving provisions relating to byelaws regulating inshore fisheries management and applies in relation to Wales.

As a result of the North Western and North Wales Sea Fisheries Committee being constituted as a cross border body (ie partly in Wales and partly in England), articles 1, 2, 9, 10, 11 and 12 of, and Schedule 2 to, this Order apply in relation to England and Wales.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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