The Thames Estuary Cockle Fishery (No. 2) (Variation) Order 2025
The Thames Estuary Cockle Fishery (No. 2) (Variation) Order 2025 modifies the 2024 Order, altering article 5(12) regarding licence eligibility.
Specifically, it makes individuals who were shareholders or officers of certain companies ineligible for licenses or renewals until December 2031.
The order, enacted under the Sea Fisheries (Shellfish) Act 1967, aims to improve the regulation of cockle fishing in the Thames Estuary.
Arguments For
Improved Regulation: The amendment to the licensing criteria aims to enhance the regulation and management of cockle fishing in the Thames Estuary, potentially leading to more sustainable practices.
Preventing Conflicts of Interest: By restricting licensing until December 2031 for individuals previously associated with specific companies, the order aims to prevent potential conflicts of interests or abuses.
Legal Basis: The order is made under the powers granted by the Sea Fisheries (Shellfish) Act 1967, providing a clear legal foundation for the changes.
Arguments Against
Potential Economic Impacts: Restricting licence eligibility could negatively affect certain individuals or businesses involved in cockle fishing, potentially impacting their livelihoods and economic output.
Implementation Challenges: Effectively enforcing the new licensing restrictions may prove challenging, requiring thorough monitoring and potential investigation into the backgrounds of applicants.
Alternative Approaches: The order might be criticized for being too restrictive. Alternative approaches such as stricter monitoring, increased penalties for violations, or alternative licensing schemes might be considered less restrictive solutions.
- Citation, commencement and extent (a) This Order may be cited as the Thames Estuary Cockle Fishery (No. 2) (Variation) Order 2025; (b) comes into force on 5th August 2025; and (c) extends to England and Wales.
This section outlines the Order's official title, effective date (August 5th, 2025), and geographical scope (England and Wales).
The order's name provides an easy and official way to know what legal document you are citing, while the date and geographical limitations define when and where it has legal effect.
- Variation of the Thames Estuary Cockle Fishery (No. 2) Order 2024 (1) The Thames Estuary Cockle Fishery (No. 2) Order 2024 is varied as follows. (2) In article 5 (application for licences etc.), for paragraph (12) substitute— (12) A person ("P") is not eligible to be issued with a licence or to have a licence renewed under this article before 18th December 2031 if— (a) P, or a shareholder or officer of P, was on 30th January 2024 a shareholder or officer of a company ("C"); and (b) C has been issued with a transitional period licence under article 6.”
This section details the specific changes made to the 2024 Order.
Specifically, it replaces paragraph 12 of Article 5.
The new paragraph 12 states that an individual (P), or any shareholder or officer of that individual’s business, is barred from obtaining or renewing a cockle fishing license until December 18, 2031 if on January 30, 2024, they were a shareholder or officer of a company (C) issued a transitional license under Article 6 of the 2024 order.
Consequently, this article modifies who is eligible for a license and adds further restrictions to the licensing process.
EXPLANATORY NOTE (This note is not part of the Order) This Order varies the Thames Estuary Cockle Fishery (No. 2) Order 2024 (“the 2024 Order”). The 2024 Order granted the Kent and Essex Inshore Fisheries and Conservation Authority a right of regulating the cockle fishery over the estuary of the River Thames for a period of 28 years. This Order varies the restriction in article 5(12) of the 2024 Order concerning eligibility for a licence to dredge, fish for or take cockles within the regulated fishery. A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.
The explanatory note provides context.
It explains that the Order modifies the 2024 Order, which granted the Kent and Essex Inshore Fisheries and Conservation Authority 28 years of control over the Thames Estuary cockle fishery; this amendment specifically alters the licensing restrictions (article 5, paragraph 12).
The note also includes a statement that no significant impact assessment was conducted because no significant impact on any relevant sectors is predicted.
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