Fisheries Act 2020
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Change 1
7 Fisheries management plans: power to depart from proposals in JFS
(1) Subsection (2) applies where— (a) one or more fisheries policy authorities prepare and publish a fisheries management plan, (b) the fisheries policy authority or authorities decide that, in view of a relevant change of circumstances, the plan should be amended, replaced or revoked, and (c) the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b). (2) The fisheries policy authority or authorities may prepare and publish— (a) amendments of the fisheries management plan that take account of the relevant changes of circumstances, (b) a replacement fisheries management plan that takes account of the relevant change of circumstances, or (c) a document revoking the fisheries management plan in order to take account of the relevant change of circumstances. (3) Subsection (4) applies where— (a) one or more fisheries policy authorities decide that, in view of a relevant change of circumstances, they should prepare and publish a fisheries management plan, and (b) the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b). (4) The fisheries policy authority or authorities may prepare and publish a fisheries management plan that takes account of the relevant change of circumstances. (5) A document under subsection (2) or (4) must contain a statement explaining the ways in which, and the reasons why, it is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b). (6) Subsections (2) to (5) of section 6 (required contents of fisheries management plans) apply in relation to a fisheries management plan under this section (reading references to the relevant authority or authorities as references to the fisheries policy authority or authorities that prepare and publish the plan). (7) For the purposes of this section the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to— (a) the international obligations of the United Kingdom, (b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment, (c) available scientific evidence, or (d) available evidence relating to the social, economic or environmental elements of sustainable development.
7 Fisheries management plans: power to depart from proposals in JFS
(1) Subsection (2) applies where— (a) one or more fisheries policy authorities prepare and publish a fisheries management plan, (b) the fisheries policy authority or authorities decide that, in view of a relevant change of circumstances, the plan should be amended, replaced or revoked, and (c) the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b). (2) The fisheries policy authority or authorities may prepare and publish— (a) amendments of the fisheries management plan that take account of the relevant changes of circumstances, (b) a replacement fisheries management plan that takes account of the relevant change of circumstances, or (c) a document revoking the fisheries management plan in order to take account of the relevant change of circumstances. (3) Subsection (4) applies where— (a) one or more fisheries policy authorities decide that, in view of a relevant change of circumstances, they should prepare and publish a fisheries management plan, and (b) the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b). (4) The fisheries policy authority or authorities may prepare and publish a fisheries management plan that takes account of the relevant change of circumstances. (5) A document under subsection (2) or (4) must contain a statement explaining the ways in which, and the reasons why, it is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b). (6) Subsections (2) to (5) of section 6 (required contents of fisheries management plans) apply in relation to a fisheries management plan under this section (reading references to the relevant authority or authorities as references to the fisheries policy authority or authorities that prepare and publish the plan). (7) For the purposes of this section the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to— (a) the international obligations of the United Kingdom, (b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment, (c) available scientific evidence, or (d) available evidence relating to the social, economic or environmental elements of sustainable development.
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