Commentary on provisions of Act Grants and charges Section 33: Financial assistance: powers of the Secretary of State
This section creates new powers for the Secretary of State to make grants or loans to the fishing and aquaculture industries. During the UK’s membership of the EU, funding has been provided under the EMFF, in relation to which further background is provided in the policy background in this document. The purpose of this section is to allow for grant and loan schemes to be established for England after the UK’s withdrawal from the EU which can replicate the breadth of what can currently be funded under the EMFF.
	Subsection (1) lists the purposes for which the Secretary of State may give financial assistance.
	Subsection (2) requires that a scheme must be established by regulations.
	Subsection (3) requires that the scheme may only provide for financial assistance in relation to England, or to an area within the UK marine area (but not within the Scottish, Welsh or Northern Ireland zones) in relation to English fishing boats.
	Subsection (4) provides for the scheme to confer functions on a person and require persons exercising those functions: to keep accounts and records; to make them available for inspection; and to publish specified information about financial assistance given in accordance with the scheme. Subsection (5) defines "specified" for the purposes of subsection (4) and subsection (6) provides that the regulations may not require the publication of specified information that contravenes data protection legislation.
	Subsection (7) allows for the scheme to include provision that financial assistance may be given subject to conditions and the circumstances in which the payment must be repaid.
	Subsection (8) requires that regulations made under this section are subject to the affirmative resolution procedure.
	Subsection (9) gives the meaning of "family member", "financial assistance" and "the UK marine area" for the purposes of this section.
	Subsection (10) introduces Schedule 6, which confers corresponding financial assistance powers on the Devolved Administrations, as well as consequential and transitional provision relating to these provisions.