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

The Menai Strait Oyster and Mussel Fishery Order 1962

11.—(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(1) 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(2) 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.

(1)

The local fisheries committee in respect of the Lancashire and Western Sea Fisheries District was the original Grantee in relation to the Menai Strait Oyster and Mussel Fishery Order 1962. The name of the Lancashire and Western Sea Fisheries District was changed to the North Western and North Wales Sea Fisheries District, and the corresponding local fisheries committee underwent a similar change of name, by virtue of The North Western and North Wales Sea Fisheries District Order 1986 (S.I. 1986/1201). S.I. 1986/1201 was revoked and replaced by the North Western and North Wales Sea Fisheries District Order 1999 (S.I. 1999/1043).

(2)

S.I. 1962/705 as amended by S.I. 1964/550.