Commentary on provisions of Act Power to make further provision Section 39: Scope of regulations under section 36 or 38
This section defines and limits the scope of the regulation-making powers in sections 36 and 38.
	Subsection (1) allows for regulations under sections 36 and 38 to confer a function, including a function that involves a discretion and to impose fees.
	Subsection (2) allows for regulations under sections 36 and 38 to create criminal offences but not offences that are punishable with imprisonment.
	Subsection (3) defines the scope of the sections 36 and 38 by reference to devolved competence. Regulations made under sections 38 and 40 could not include provisions that would be within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly unless the provision is merely incidental or consequential provision that would be outside that legislative competence.
	Subsection (4) explains that the restriction in subsection (3) does not apply to the extent that the provision relates to the regulation of Scottish fishing boats within British fishery limits but outside the Scottish zone, Welsh boats outside the Welsh zone, Northern Ireland fishing boats within British fishery limits but outside the Northern Ireland zone, or British fishing boats that are not Scottish fishing boats, Welsh fishing boats or Northern Ireland fishing boats. This reflects existing concurrent powers of the Secretary of State.
	Subsection (5) restricts the use of the powers under sections 36 and 38 so that they may not modify the functions of the Fisheries Administrations that relate to the licensing of fishing boats provided under this Act.
	Subsection (6) clarifies what is meant by "modifying" in this section.
	Subsection (7) provides that the powers under sections 36 and 38 may be used to modify any enactment apart from sections 38 to 44, Schedule 8 and section 51.
	Subsection (8) gives the meaning of "modify" and "enactment" in subsection (7).