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The Fishing Boats (Satellite-Tracking Devices) (Wales) Scheme 2006

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Interpretation

2.—(1) In this Scheme—

“application” (“cais”) means an application for grant under this Scheme and “applicant” (“ceisydd”) is to be construed accordingly;

“approval” (“cymeradwyaeth”) means an approval of an application;

“the Assembly provider” (“darparwr y Cynulliad”) means the provider and installer of satellite-tracking devices selected by the National Assembly for the purposes of the Regulation;

“authorised officer” (“swyddog awdurdodedig”) means any officer authorised in writing by the National Assembly for the purposes of this Scheme;

“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“port of administration” (“porthladd gweinyddu”) means the port from which the licence granted in respect of a fishing boat under section 4 of the Sea Fish (Conservation) Act 1967(1) is issued;

“the Regulation” (“y Rheoliad”) means Commission Regulation (EC) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems(2);

“relevant person” (“person perthnasol”), in relation to a fishing boat, means its owner, charterer (if any), or master or the representative of any of them;

“satellite-tracking device” (“dyfais olrhain drwy loeren”) has the same meaning as in the Regulation;

“Wales” (“Cymru”) has the same meaning as in section 155(1) and (2) of the Government of Wales Act 1998(3); and

“Welsh fishing boat” (“cwch pysgota Cymreig”) means a fishing boat which—

(a)

is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(4),

(b)

or—

(i)

is owned wholly or partly by persons qualified to own British ships for the purposes of that Part of that Act, but

(ii)

is not a boat which counts as a British ship for the purposes of that Act solely as a result of the application of section 1(1)(c) of that Act to it by virtue of registration under the law of any of the Channel Islands or of the Isle of Man;

and has its port of administration in Wales at the date of application.

(2) Any obligation of the National Assembly to publish material under this Scheme means an obligation to make it available in a manner in which the National Assembly considers that the material is reasonably likely to be seen by those to whom this Scheme may apply, and publication in anticipation of this Scheme is to be treated for the purposes of this Scheme as having been carried out under it.

(2)

OJ No. L333, 20.12.2003, p.17.

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