India - Orissa Irrigation Project
The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only. This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only. Ss. 1–4 repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1) Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2) S. 5(2)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(ii); S.I. 1998/3178, art. 3 Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1) Words in s. 5(4) substituted (E.W.) (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4, Pt. III; S.I. 1992/333, art. 2(2), Sch. 2 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2) S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3 S. 6 repealed by Fishery Limits Act 1976 (c. 86), Sch. 4 S. 7(1)(ca) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(2)(a), 324(3) (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 Words in s. 7(1)(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(2)(b), 324(3), Sch. 22 Pt. 6 (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 Words in s. 7(1)(d) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(a); S.I. 1998/3178, art. 3 S. 7(1)(e)(f) repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II S. 7(1A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(3), 324(3) (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 S. 7(5)(a) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(4), 324(3), Sch. 22 Pts. 6 (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 Words in s. 7(5)(b) inserted (1.7.1999) by S.I.1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(b); S.I. 1998/3178, art. 3 Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1) Words in s. 8(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(2)(a) (with Sch. 4 para. 31) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) S. 8(3)(b)–(d) and following paragraph substituted for S. 8(3)(b) by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(2) S. 8(4) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(3) Words in s. 8(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(2)(b) (with Sch. 4 para. 31) Words in s. 8(6) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(a) (with s. 312(1)) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) S. 10(1) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(4) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(5)(a) Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(5)(b) S. 10(2A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(6) Words in s. 10(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 5 (with reg. 5(1)) Words in s. 12(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(3) (with Sch. 4 para. 31) Words in s. 12(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(3) (with Sch. 4 para. 31) Word “arrestment” substituted for “poinding” (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 108(1)(2), Sch. 6 para. 13, Sch. 7 paras. 5, 9(1) Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 77 Words in s. 12(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 31(a) (with s. 89); S.I. 2014/768, art. 2(1)(b) Words in s. 12(3) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 31(b), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b) Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 16 S. 13(1) repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 68), Sch. 4 Words in s. 13(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(4) (with Sch. 4 para. 31) Words in s. 13(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 paras. 7, 99 (with Sch. 3 para. 6) Words repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 86), Sch. 4 Words in s. 13(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(4) (with Sch. 4 para. 31) Words in s. 14 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(5) (with Sch. 4 para. 31) S. 15(2) repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(5)(a), 324(3), Sch. 22 Pts. 5(A); S.I. 2009/3345, art. 2, Sch. para. 9Sch. para. 27(b) S. 15(2A)(2B) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(3), 104(1); S.S.I. 2006/432, art. 2(f) S. 15(2A) repealed (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), s. 168(1), Sch. 4 para. 10 (with s. 162); S.S.I. 2011/58, art. 2(b) (with art. 5) Words in s. 15(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 S. 16 repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II Words in s. 17 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(b) (with s. 312(1)) Words repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I Words in s. 18(2) inserted (1.7.1999) by S.I, 1999/1820, art. 4, Sch. 2 Pt. I para. 48(4); S.I. 1998/3178 Definition in s. 19(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(i) (with s. 312(2)) Definitions in s. 19(1) inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(ii) (with s. 312(1)) Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(b); S.I. 1998/3178, art. 3 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(c); S.I. 1998/3178, art. 3 Definitions in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(a); S.I. 1998/3178, art. 3 Definitions repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I and Fishery Limits Act 1976 (c. 86), Sch. 4 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(d); S.I. 1998/3178, art. 3 S. 19(2) repealed by Fishery Limits Act 1976 (c. 86), Sch. 4 S. 20 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I S. 22(3)(4) repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I S. 22(6) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 2 Sch. 1 Pt. I repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I Sch. 1 Pt. II paras. 23, 32, 33 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 57(5), 58(4), Sch. 7, Sch. 8 para. 1 Sch. 1 Pt. II paras. 25, 35 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2 Sch. 1 Pt. II paras. 23, 32, 33 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 57(5), 58(4), Sch. 7, Sch. 8 para. 1 Sch. 1 Pt. II paras. 25, 35 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1) Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2) S. 5(1)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(ii); S.I. 1998/3178, art. 3 Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1) Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2) S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3 Act extended by S.I. 1988/1926, reg. 32 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act transfer of functions (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), art. 4(1)(c) (with art. 5(2)(3)) Act: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 53(2)(b)(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l) Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1 S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3 S. 5 functions made exercisable concurrently (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), arts. 1(3), 5(1)(c) S. 5 transfer of functions (5.12.2012) by The Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), arts. 1(2), 3(1)(b) (with art. 5) S. 5(1) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5(1) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5(2)(a) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5(2)(a) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) Functions exercisable jointly by Ministers under s. 7 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1 Certain functions of Minister of Agriculture, Fisheries and Food under s. 7 now exercisable (W.) by Secretary of State, or by Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1 S. 7(1)(g) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 7(2) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 8 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 8 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch. 1 S. 8 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) S. 8 applied (1.1.1996) by 1868 c. 45, s. 26 (as substituted by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 2) (with s. 312(1)) S. 8 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(c) S. 8 applied (1.4.2024) by Regulation (EU) No. 1627/2016, Art. 56D(2) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 6(34)) S. 8 applied (1.4.2024) by Regulation (EU) No. 640/2010, Art. 9C(2) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(10)) S. 8(3) modified (temp.) (S.) (1.11.2010) by The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I. 2010/375), art. 1(1)(2)4(2)(a) S. 8(4) modified (temp.) (S.) (1.11.2010) by The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I. 2010/375), art. 1(1)(2)4(2)(b) Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 9 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 9 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 10 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 10 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 11 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 11 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 12 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 12 applied (1.1.1996) by 1995 c. 21 ss. 15(9), 316(2) (with s. 312(1)) S. 14 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 14 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 14 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) S. 18(1)(2) excluded (28.3.2002) byThe Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 {para.3(3)} S. 18(1)(2) excluded (28.3.2002) byThe Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 {para.3(3)} Reference to enactment of Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1) Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1 S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3 1967 c. 83. 1967 c. 83. 1967 c. 84. Power of appointment conferred by s. 23(2) partly exercised: S.I. 1969/1551 An Act to make further provision with respect to the subsidies payable to, and the levies which may be imposed on, the white fish and herring industries, to make further provision for the regulation of sea fishing, to amend the Sea Fisheries (Shell fish) Act 1967 and the Sea Fish (Conservation) Act 1967, to make provision with respect to fishing boats and gear lost or abandoned at sea, to remove anomalies in certain enactments relating to sea fisheries and the white fish and herring industries and to repeal other such enactments which are obsolete or unnecessary; and for connected purposes.
Section 2 of the Sea Fish Industry Act 1962 (special provisions with respect to white fish subsidy for larger vessels, including provision for progressive reduction of grants) shall cease to have effect.
Section 4 of the White Fish and Herring Industries Act 1957 and section 1(6) of the Sea Fish Industry Act 1962 (which respectively limit the aggregate amount of grants by way of white fish and herring subsidy, subject to a power to increase the limit by order, and limit increases in the aggregate amount of those grants) shall also cease to have effect.
The date before which applications for grants in pursuance of a scheme under section 5 of the White Fish and Herring Industries Act 1953 (white fish subsidy) or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy) must be received by the appropriate Minister shall be postponed from 1st January 1973 to 1st January 1974.
In this section and section 2 below " the appropriate Minister " means, in relation to England and Wales and Northern Ireland, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland the Secretary of State concerned with the sea fishing industry in Scotland.
The power of the appropriate Minister to make grants in pursuance of a scheme under section 5 of the White Fish and Herring Industries Act 1953 (power to pay white fish subsidy with a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of white fish) or section 3 of the White Fish and Herring Industries Act 1957 (power to pay herring subsidy for a similar purpose) shall include power to make such grants with a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of products of white fish or herring, as the case may be.
For the purposes of those sections the trans-shipment of white fish and herring and their respective products in a port in the United Kingdom or within the exclusive fishery limits shall be treated as the landing of white fish and herring and their respective products in the United Kingdom.
In this section " white fish " has the same meaning as in the said section 5.
Any person who— shall be liable, on summary conviction, to a fine not exceeding £400.
in furnishing any information in purported compliance with a requirement imposed by a scheme under section 5 of the White Fish and Herring Industries Act 1953 (white fish subsidy) or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ;
for the purpose of obtaining for himself or any other person any sum payable under such a scheme makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ;
in purported compliance with a requirement imposed by such a scheme produces a document which he knows to be false in a material particular or recklessly produces a document which is false in a material particular ; or
wilfully refuses to supply any information, make any return or produce any document when required to do so by or under any such scheme,
Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
The general levy which may be imposed by the White Fish Authority under section 15(2) of the Sea Fish Industry Act 1951 (power to impose on persons engaged in the white fish industry a general levy not exceeding one penny for every stone of white fish landed in Great Britain) may be imposed—
in respect of white fish landed in Great Britain, at a prescribed rate not exceeding 2d. for each stone of white fish so landed ; and
in respect of white fish products so landed, at a prescribed rate in respect of each stone of the products.
The rate prescribed in relation to any white fish product for the purposes of subsection (1)(b) above shall not exceed an amount which in the opinion of the Authority would be yielded by a levy of 2d. on each stone of white fish required on average (whether alone or together with any other substance or article) to produce a stone of that product.
In subsections (1) and (2) above " prescribed" means prescribed by regulations made by the Authority under Part I of the Sea Fish Industry Act 1951 ; and the Authority may prescribe different rates of general levy for fish of different descriptions and products of different descriptions.
The Ministers may by order provide that for references to 2d. in subsections (1) and (2) above there shall be substituted references to such larger sum as may be specified in the order.
No order shall be made under subsection (4) above unless a draft thereof has been laid before, and been approved by, both Houses of Parliament.
For the purposes of section 15(2) and (3) of the Sea Fish Industry Act 1951 parts of white fish shall, notwithstanding anything in the definition of white fish in section 19 of that Act (interpretation of Part I of that Act), be treated as products of white fish and not as white fish.
In the said section 15(2) and (3) references to persons engaged in the white fish industry shall be construed as including references to persons carrying on in Great Britain the business of buying the products of white fish by wholesale or of importing white fish or their products.
In section 3(l) of the Herring Industry Act 1935 (which, as applied by section 7(5) of the White Fish and Herring Industries Act 1948, empowers the herring industry scheme to contain provisions for levies on persons engaged in the herring industry and on purchasers of herring wholesale) for the words " purchasers of herring wholesale " there shall be substituted the words " purchasers of herring or herring products wholesale and importers of herring or herring products ". In the said paragraph (l) as amended by this subsection " products " has the same meaning as in Part I of the Sea Fish Industry Act 1951.
The Ministers may direct that a substance or article which is capable of being produced wholly or partly from either white fish or herring or both shall be treated for the purposes of this section, section 15(2) and (3) of the Sea Fish Industry Act 1951 and section 7 of the White Fish and Herring Industries Act 1948 and any instrument made under or by virtue of any of those provisions as being wholly or partly produced from one of those descriptions of fish, and may also give directions with respect to the collection of sums payable by way of levy or contribution in respect of that substance or article in pursuance of any such instrument and the application of sums so paid in any manner specified in the directions, whether or not the application of those sums in that manner is authorised by the relevant provision or instrument.
In this section " the Ministers " has the same meaning as in Part I of the Sea Fish Industry Act 1951.
The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and
to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits
The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to a fine not exceeding £1,000or on conviction on indictment to a fine.
The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
This section has effect in relation to Scotland with the following modifications–
in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
in subsection (2)(b)–
for “Scottish” there is substituted “relevant British”; and
for “relevant British fishery limits” there is substituted “the Scottish zone”; and
in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.
The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and
to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits
The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to [the statutory amount]or on conviction on indictment to a fine.
The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
This section has effect in relation to Scotland with the following modifications–
in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
in subsection (2)(b)–
for “Scottish” there is substituted “relevant British”; and
for “relevant British fishery limits” there is substituted “the Scottish zone”; and
in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.
A foreign fishing boat not registered in a country for the time being designated under the Fishery Limits Act 1964 shall not enter the fishery limits of the British Islands except for a purpose recognised by international law, or by any convention for the time being in force between Her Majesty's Government in the United Kingdom and the government of the country to which the boat belongs; and any such boat which enters those limits—
shall return putside those limits as soon as the purpose for which it entered them has been fulfilled; and
shall not fish or attempt to fish while within those limits.
A foreign fishing boat registered as aforesaid shall not enter the exclusive fishery limits except for any such purpose as aforesaid and if it enters those limits—
shall return outside them as soon as the purpose for which it entered them has been fulfilled; and
shall not fish or attempt to fish while within those limits.
A foreign fishing boat so registered shall not fish or attempt to fish in the outer belt except in an area and for any description of fish for the time being designated under the Fishery Limits Act 1964 in relation to the country in which it is registered.
The fishing gear of a foreign fishing boat which is prohibited by this section from fishing in any area within the fishery limits of the British Islands shall, while the boat is in that area, be stowed in accordance with an order made by the Ministers, and if a fishing boat is prohibited by this section from fishing in an area for the time being designated as aforesaid for fish for the time being not so designated, all the fishing gear of the boat except that required by it for fishing for fish for the time being so designated shall, while the boat is in that area, be stowed as aforesaid.
In the event of a contravention of this section in the case of a fishing boat—
the master of the boat shall be liable on summary conviction to a fine not exceeding £500; and
the court may on convicting him of an offence under this section order the forfeiture of any fish or fishing gear found in the boat or taken or used by any person from the boat; and
where the contravention takes place in Scotland, any fish or fishing gear forfeited under paragraph (b) above may be destroyed or otherwise disposed of as the court may direct.
The foregoing provisions of this section shall not prohibit or restrict fishing by fishing boats registered in a country outside the United Kingdom in any area with respect to which special provision for fishing by such boats is made by any arrangement between Her Majesty's Government in the United Kingdom and the government of that country.
The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—
officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;
commissioned officers of any of Her Majesty’s ships;
persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
officers of the fishery protection service ... of the Scottish Ministers holding the rank of commander, first officer or second officer;
persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the following members of the Coastguard, that is to say, inspectors, district officers and members in charge of coastguard stations;
other persons appointed as British sea-fishery officers by one of the appropriate Ministers.
The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.
A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).
An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—
to particular matters;
to a particular area;
to a particular order or class of orders.
In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.
In this section “the appropriate Minister” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Scotland, the Scottish Ministers; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland.
For the purpose of enforcing the provisions of any order under section 5 above or of section 12 of the Fisheries Act 2020 or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within British fishery limits and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,— but nothing in paragraph ( d ) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 12 of the Fisheries Act 2020 has at any time taken place within British fishery limits, he may— and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
detain or require the master to detain the boat in the port;
If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within British fishery limits, he may require the boat to move away or to move in a direction or to a position specified by him.
For the purpose of enforcing the collision regulations made under section 85 of the Merchant Shipping Act 1995, so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within British fishery limits and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents), whether or not he is mentioned in that section, and also the powers conferred by the foregoing provisions of this section, and section 257 of that Act so far as it relates to the former powers shall apply accordingly.
For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside British fishery limits the powers conferred by section 8(2) and (3) above.
Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.
A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
Any person who on any fishing boat within British fishery limits, or on a British fishing boat anywhere outside those limits,— shall be guilty of an offence.
fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;
prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or
assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or wilfully obstructs any such officer in the exercise of any of those powers;
Subsection (2) above shall apply in relation to things done on a British fishing boat anywhere within the convention area outside British fishery limits by or in relation to a foreign sea-fishery officer who is exercising powers to enforce the provisions of the convention relating to that area as it applies in relation to things done on any fishing boat within those limits by or in relation to a British sea-fishery officer.
Any person who on any vessel within British fishery limits— shall be guilty of an offence.
fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;
prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or
assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine. on summary conviction, or on conviction on indictment, to a fine.
In any civil or criminal proceedings a written statement purporting to be a report made by a British or foreign sea-fishery officer on matters ascertained in the course of exercising his powers under section 9 above for the purpose of enforcing the provisions of any convention mentioned in that section shall be admissible as evidence to the like extent as oral evidence to the like effect by that officer.
Subsection (1) above shall be taken to be in addition to, and not to derogate from, the provisions of any other enactment relating to the reception or admissibility of documentary evidence.
Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the court may—
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the sheriff may—
issue a warrant for the poindingarrestment and sale of the boat and its gear and catch and any property of the person convicted; and
if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants), as they apply to warrants of the kinds mentioned there, shall apply to a warrant of distress issued under this section in England and Wales ....
Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in that paragraph.
Where on convicting a person of an offence under section 5 or 10 of this Act it appears to a court in England and Wales or Northern Ireland that personal injury or damage to property has been caused by the offence, the court may by the conviction adjudge the person convicted to pay, in addition to any fine, a reasonable sum, not exceeding £400, as compensation for the injury or damage, and the sum when recovered shall be paid to the person who has suffered the injury or damage.]
Where a person is to be brought to trial before a sheriff in Scotland for an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020—
any person who considers that personal injury to him or damage to his property has been caused by the offence may, at any time before the commencement of the trial, give notice in writing to the accused person and the sheriff clerk that at the trial of the offence the sheriff shall be called upon to make an award of compensation in respect of that injury or damage;
if notice has been given as aforesaid and the accused is convicted of the offence the sheriff shall thereupon dispose of the question of compensation, but shall not order payment of a sum by way of compensation exceeding level 5 on the standard scale
any evidence led at the trial shall be admissible as evidence in the disposal of the question of compensation, and if the compensation claimed is in respect of damage to property and a report of a British sea-fishery officer relating to the damage is produced as evidence, that report shall, unless the sheriff considers that it is necessary in the interests of justice to allow additional evidence, be sufficient evidence for the disposal of the question of compensation; and
in disposing of the question of compensation the sheriff may, subject to paragraph (b) above, give decree as in any ordinary action brought before him.
Section 12 of this Act shall apply in relation to compensation adjudged or ordered to be paid under this section by the master, owner, or charterer or a member of the crew of a fishing boat as it applies in relation to a fine imposed by a magistrates’ court or sheriff on such a person.
The provisions of this section shall not be taken to derogate from any right of a person who has suffered personal injury or damage to property in consequence of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020 to recover damages in respect of the injury or damage in civil proceedings.
Proceedings for an offence under section 5 or 10 of this Act ... may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
The Sea Fisheries (Shellfish) Act 1967 shall be amended in accordance with, and have effect subject to, the following provisions of this section.
In section 1(1) (orders as to fisheries for oysters, mussels and cockles) for the words “and cockles” there shall be substituted the words “cockles, clams and any other molluscs of a kind specified in regulations made by the appropriate Minister”.
The power to make an order under that section section 1 of that Act conferring on the grantees a right of regulating a fishery for any specified description of shellfish shall be construed as including a power to enable them with the consent of the appropriate Minister to impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of shellfish of that description within the limits of the regulated fishery.
The reference in section 3(1) of the Sea Fisheries (Shellfish) Act 1967 to an order under section 1 of that Act conferring on the grantees a right of regulating a fishery which imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of shellfish shall be construed as including a reference to an order under section 1 of that Act conferring on the grantees such a right which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations; and the references in sections 3(1)(a), (2) and (3) of that Act to restrictions and regulations shall be construed as including a reference to restrictions so imposed and regulations so made.
An order under that section which imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of a fishery shall be construed as conferring on the grantees of the fishery power with the consent of the appropriate Minister to vary the tolls or royalties so imposed.
The references in sections 4A(1) and 4B(1) of the Sea Fisheries (Shellfish) Act 1967 to restrictions imposed by, or regulations made by, an order under section 1 of that Act conferring a right of regulating a fishery, shall be construed as including a reference to restrictions imposed by, or regulations made by, the grantees by virtue of an order under section 1 of that Act which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations.
In subsections (3) and (4) above “the appropriate Minister” has the same meaning as in the Sea Fisheries (Shellfish) Act 1967.
Anything purporting to be done at any time before the passing of this Act under or by virtue of section 1 or 3 of the Sea Fisheries (Shellfish) Act 1967 or any enactment thereby re-enacted which could have been done by virtue of subsection (3) or (4) above if that subsection had been in force at that time shall be treated as if it had been done by virtue of that subsection.
In paragraph 4(6) of Schedule 1 (notice of inquiry in connection with making of an order under section 1) for the words “fourteen days’” there shall be substituted the words “twenty-eight days’”.
Without prejudice to section 236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver), fishing boats or fishing gear lost or abandoned at sea and either— shall be treated as wreck for the purposes of Part IX of the Merchant Shipping Act 1995.
found or taken possession of within the territorial waters of the United Kingdom; or
found or taken possession of beyond those waters and brought within those waters;
Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.
A statutory instrument containing an order made by the Ministers under any provision of this Act, . . . shall be laid before Parliament or, in the case of an order in relation to Scotland, the Scottish Parliament.
Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.
In this Act, except so far as the context otherwise requires,—
" British fishing boat " means a fishing boat which is registered in the United Kingdom, exempted from registration by regulations under section 373 of the Merchant Shipping Act 1894 or owned wholly by a person who is (within the meaning of the Merchant Shipping Act 1894) a person qualified to own a British ship, and " foreign fishing boat" means a fishing boat which is not so registered, so exempted or so owned ;
“British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;
" convention " includes an agreement or other arrangement ;
“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging
" enactment " includes an enactment of the Parliament of Northern Ireland;
“relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone
" fish " includes shellfish, and cognate expressions shall be construed accordingly;
“fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.
Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—
shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order to the Isle of Man or any of the Channel Islands; and
shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.
An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.
The enactments specified in Schedule 1 of this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this act.
The enactments specified in Schedule 2 to this Act(which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
The amendment by Schedule 1 to this Act of section 5 of the White Fish and Herring Industries Act 1953 and section 3 of the White Fish and Herring Industries Act 1957 shall not affect the operation of any scheme made under either of those sections, and the repeal by this Act of section 2 of the Sea Fish Industry Act 1962 shall not affect the operation of any scheme made under the said section 5 by virtue of the said section 2, but any such scheme which is in force immediately before the coming into force of the amendment and repeal shall, notwithstanding the repeal, have effect as if made under the said section 5 or the said section 3, as the case may be, as so amended.
The amendment by Schedule 1 to this Act of section 15 of the Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of any Order in Council under section 23 of that Act which is in force immediately before the coming into force of the repeal; or
of any provision of that Act which is applied by any such Order or by any provision of the Fisheries Act 1891 or the North Sea Fisheries Act 1893.
This Act may be cited as the Sea Fisheries Act 1968.
Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.
Any order under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).
Section 22(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the word " approval" there shall be substituted the word " connivance ";
for the words " to have been facilitated by" there shall be substituted the words " is attributable to ";
for the words " officer of the body corporate " there shall be substituted the words " similar officer of the body corporate, or any person who was purporting to act in any such capacity ".
In section 14 (interpretation) the definition of " boat" shall cease to have effect.
In Schedule 2 (provisions of the Agricultural Marketing Act 1931 applied with modifications to a consumers' committee and a committee of investigation appointed for the herring industry)—
any reference to the products of the herring industry shall be construed as a reference to herring and their products ;
in section 9(6) of the said Act of 1931 as set out in the said Schedule the words " or commodities produced wholly or partly therefrom " and the words " or such commodities as aforesaid " shall cease to have effect;
at the end of the said section 9, as so set out, there shall be inserted the following subsection—
In section 2(1) (Herring Industry Advisory Council) the words " and assistance " shall cease to have effect.
In section 15(2)(a) (general levy of the White Fish Authority) for the words from " a sum " to " that year " there shall be substituted the words " such sums as may be authorised by section 4 of the Sea Fisheries Act 1968 ".
In section 18(6) (offences by body corporate) after the words " similar officer of the body corporate " there shall be inserted the words " or any person who was purporting to act in any such capacity ".
In section 19 (interpretation of Part I), in the definition of "processing", as amended by Schedule 3 to the Sea Fish Industry Act 1962, for the words " producing any substance or article from fish " there shall be substituted the words " producing any substance or article wholly or partly from fish ".
In section 1(1) (grants by the White Fish Authority towards new vessels and engines), in the proviso, after the word " vessel" there shall be inserted the words " or in the acquisition or installation of any secondhand ".
In section 1(3) (persons qualifying for grants by the White Fish Authority), the words " (of whatever size and in whatever way propelled)" shall cease to have effect.
For section 5(1) (white fish subsidy) there shall be substituted the following subsections:—
In section 5(2) (provisions which may be included in white fish subsidy schemes) for paragraph (a) there shall be substituted the following paragraph:— and in paragraph (b) after the words " another vessel" there shall be inserted the words " or are to be trans-shipped in a port in the United Kingdom or within the exclusive fishery limits by the vessel which caught them or by another vessel ".
In section 5(3) (time limit for applying for grants in pursuance of white fish subsidy schemes), as set out in section 2 of the White Fish and Herring Industries Act 1957 and as amended by Schedule 2 to the Sea Fish Industry Act 1962, for the words from "the first day" onwards there shall be substituted the words " 1st January 1974 ".
In section 5(5) (definitions) after the definition of " the appropriate Minister" there shall be inserted the following definitions—
In section 6(1) (grants by the Herring Industry Board) after the words " engaged in the herring industry " there shall be inserted the words " in Great Britain ", and in the proviso, after the word " vessel" there shall be inserted the words " or in the acquisition or installation of any secondhand ".
In section 6(4) (persons qualifying for such grants) for the words "boats (as defined by the Herring Industry Act 1935)" there shall be substituted the word " vessels ".
For section 3(1) (herring subsidy) there shall be substituted the following subsection:—
In section 3(2) (provisions which may be included in herring subsidy schemes) for paragraph (a) there shall be substituted the following paragraph:— and in paragraph (b) after " another vessel" there shall be inserted the words " or are to be trans-shipped in a port in the United Kingdom or within the exclusive fishery limits by the vessel which caught them or by another vessel ".
In section 3(3) (time limit for applying for grants in pursuance of herring subsidy schemes), as amended by Schedule 2 to the Sea Fish Industry Act 1962, for the words from " the first day " onwards there shall be substituted the words " 1st January 1974 ".
In section 3(4) (definitions) at the end there shall be inserted the following definitions:—.
In section 3(3) (persons qualifying for grants by the White Fish Authority), the words " (of whatever size and in whatever way propelled) " shall cease to have effect.
In section 3(4) (application of section 6 of the White Fish and Herring Industries Act 1953 to vessels and persons), for the words " boats (as defined by the Herring Industry Act 1935) " there shall be substituted the word " vessels ".
Section 9 (reimbursement of Isle of Man subsidies) shall be amended in accordance with the following provisions of this paragraph. In subsection (1)— In subsection (3) after the word " herring ", wherever it occurs, there shall be inserted the words " or herring products ". At the end of the section there shall be inserted the following subsection:—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the words " such Order in Council" there shall be substituted the words " an Order in Council under section 373 of the Merchant Shipping Act 1894 ";
after the words " British Islands " there shall be inserted the words " within the meaning of the Sea Fisheries Act 1968 ";
for the words " this part of this Act", in both places where they occur, there shall be substituted the words " that section ";
for the words " sea-fishery officer" there shall be substituted the words " British sea-fishery officer within the meaning of section 7 of the said Act of 1968 ".
In section 1 (citation and construction), for the words “the Sea Fisheries Act 1883” there shall be substituted the words “the Sea Fisheries Act 1968”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6 (returns about sea fisheries) the words “against the Sea Fisheries Act 1883” shall be omitted and at the end there shall be inserted the words “and sections 12(2) and 14 of the Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5, 6 or 10 of that Act”.
Provided that it shall be a defence for the master to prove that he issued proper orders for the observance, and used due diligence to enforce the observance, of the provision of the Act or byelaw contravened and that the offence in question was actually committed by some other person without his connivance.
Provided that nothing in the first paragraph of this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.
Provided that nothing in this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.
In section 10 (powers of sea-fishery officers) for the words from “sea” where it first occurs to the end there shall be substituted the words “a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 6 of that Act or any order thereunder”.
In section 13 (powers of taking legal proceedings) the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by” shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 374 (effect of registry of fishing boat), for the words " against the Sea Fisheries Act 1883 " there shall be substituted the words " under the Sea Fisheries (Scotland) Amendment Act 1885 or under section 5, 6 or 10 of the Sea Fisheries Act 1968 ".
In section 3 (definition of Sea Fisheries Acts) for the words from “’ Sea Fisheries Acts ’” to “1885” there shall be substituted the words “’ Sea Fisheries Acts’ has the same meaning as in the Sea Fisheries Act 1968”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 17(2) (enactments to which the section’s exemption for operations for scientific and other purposes applies) for the words from “any enactment” to “this Act” there shall be substituted the words “section 6 of the Sea Fisheries Act 1968”.
In section 13(5) (powers of local fisheries committees), the words from the beginning to “1883” and from “the provisions” to “and of” and the word “other” shall cease to have effect.
Section 15 (powers of British sea-fishery officers) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) the words from the beginning to “1962” shall cease to have effect. For subsections (3) to (7) there shall be substituted the following subsections:—
In section 22(1), in the definition of “British sea-fishery officer”, for the words from “section 11” to “1951” there shall be substituted the words “section 7 of the Sea Fisheries Act 1968”.
Section 22(2).
Chapter Short Title Extent of Repeal 31 & 32 Vict. c. 45. Sea Fisheries Act 1868 Section 1. In Section 5, the definitions of “person” and “the Irish Fishery Commissioners”. Section 67. In section 70, the proviso. 25 & 26 Geo. 5. c. 9. The Herring Industry Act 1935. In section 14, the definition of “boat”. In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words “or commodities produced wholly or partly therefrom” and the words “or such commodities as aforesaid”. 1 & 2 Geo. 6. c. 30. The Sea Fish Industry Act 1938. Section 50. 1 & 2 Geo. 6. c. 42. The Herring Industry Act 1938. In section 2(1), the words “and a ssistance”. 9 & 10 Geo. 6. c. 11. The Inshore Fishing Industry Act 1945. The whole Act. 11 & 12 Geo. 6. c. 51. The White Fish and Herring Industries Act 1948. Section 3. 14 & 15 Geo. 6. c. 30. The Sea Fish Industry Act 1951. Section 13(3). 1 & 2 Eliz. 2. c. 17. The White Fish and Herring Industries Act 1953. In section 1(3), the words “(of whatever size and in whatever way propelled)”. Section 2(4). Section 13(2) and (3). 5 & 6 Eliz. 2. c. 22. The White Fish and Herring Industries Act 1957. Section 1(3A) and (4). Section 4. In section 5(3), the words “or order”. In section 5(4), the words from “and an order” to the end. Section 6(2). 8 Eliz. 2. c. 7. The Sea Fish Industry Act 1959. Section 1. 10 & 11 Eliz. 2. c. 31. The Sea Fish Industry Act 1962. Section 1(4) and (6). Section 2. In section 3(3), the words “(of whatever size and in whatever way propelled)”. Section 3(6). Section 31. Section 33(3). In section 35(5), the words “an d thirty-one”. In Schedule 2, paragraphs 18(1), 21(3) and (4), 22(1) and 23. 1966 c. 34. The Industrial Development Act 1966. Section 28. 1967 c. 35. The Fishing Vessel Grants Act 1967. The whole Act.
Chap ter Short Title Extent of Repeal 31 & 32 Vict. c. 45. The Sea Fisheries Act 1868. In section 5, the definitions of “Great Britain and Ireland”, “United Kingdom”, “exclusive fishery limits of the British Islands” and “exclusive fishery limits of France”. In section 57, the words from “o r under” to “provided)”. Section 63. In section 65, the second paragraph. Section 66. In section 70, the words from the beginning to “save as aforesaid”, the words from “the seas adjoining” to “the whole of” and the words from “and to the seas” to “British Islands” in the fourth place where it occurs. 46 & 47 Vict. c. 22. The Sea Fisheries Act 1883. The whole Act. 48 & 49 Vict. c. 70. The Sea Fisheries (Scotland) Amendment Act 1885. Section 3. Section 5. 54 & 55 Vict. c. 37. The Fisheries Act 1891. Section 5. in section 6(1), the words “as one with the Sea Fisheries Act 1883, and” and the word “also”, and section 6(2). In section 13, the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by”. 24 & 25 Geo. 5. c. 18. The Illegal Trawling (Scotland) Act 1934. Section 3. 1 & 2 Geo. 6. c. 30. The Sea Fish Industry Act 1938. Section 54. Section 59. Section 61. Section 62. Section 63(2). 14 & 15 Geo. 6. c. 30. The Sea Fish Industry Act 1951. Section 25. 8 Eliz. 2. c. 7. The Sea Fish Industry Act 1959. Section 9. 10 & 11 Eliz. 2. c. 31. The Sea Fish Industry Act 1962. Section 16. Section 18. Section 36(1). 1964 c. 72. The Fishery Limits Act 1964. Section 1(2). Section 2. Section 3(2) and (5). In Schedule 1 the amendments of the Sea Fisheries Act 1883. 1966 c. 38. The Sea Fisheries Regulation Act 1966. In section 13(5), the words from the beginning to “1883” and from “the provisions” to “ and of” and the word “other”. 1967 c. 83. The Sea Fisheries (Shellfish) Act 1967. Schedule 2, so far as relating to the Sea Fisheries (Scotland) Amendment Act 1885. 1967 c. 84. The Sea Fish (Conservation) Act 1967. In section 15(1), the words from the beginning to “1962”.
The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only. This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only. Ss. 1–4 repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1) Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2) S. 5(2)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(ii); S.I. 1998/3178, art. 3 Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1) Words in s. 5(4) substituted (E.W.) (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4, Pt. III; S.I. 1992/333, art. 2(2), Sch. 2 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2) S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3 S. 6 repealed by Fishery Limits Act 1976 (c. 86), Sch. 4 S. 7(1)(ca) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(2)(a), 324(3) (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 Words in s. 7(1)(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(2)(b), 324(3), Sch. 22 Pt. 6 (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 Words in s. 7(1)(d) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(a); S.I. 1998/3178, art. 3 S. 7(1)(e)(f) repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II S. 7(1A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(3), 324(3) (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 S. 7(5)(a) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 239(4), 324(3), Sch. 22 Pts. 6 (with s. 295); S.I. 2009/3345, art. 2, Sch. para. 18 Words in s. 7(5)(b) inserted (1.7.1999) by S.I.1999/1820, art. 4, Sch. 2 Pt. I para. 48(3)(b); S.I. 1998/3178, art. 3 Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1) Words in s. 8(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(2)(a) (with Sch. 4 para. 31) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) S. 8(3)(b)–(d) and following paragraph substituted for S. 8(3)(b) by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(2) S. 8(4) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(3) Words in s. 8(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(2)(b) (with Sch. 4 para. 31) Words in s. 8(6) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(a) (with s. 312(1)) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) S. 10(1) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(4) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(5)(a) Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(5)(b) S. 10(2A) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(6) Words in s. 10(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 5 (with reg. 5(1)) Words in s. 12(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(3) (with Sch. 4 para. 31) Words in s. 12(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(3) (with Sch. 4 para. 31) Word “arrestment” substituted for “poinding” (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 108(1)(2), Sch. 6 para. 13, Sch. 7 paras. 5, 9(1) Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 77 Words in s. 12(3) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 31(a) (with s. 89); S.I. 2014/768, art. 2(1)(b) Words in s. 12(3) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 31(b), Sch. 23 Pt. 3 (with s. 89); S.I. 2014/768, art. 2(1)(b) Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 16 S. 13(1) repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 68), Sch. 4 Words in s. 13(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(4) (with Sch. 4 para. 31) Words in s. 13(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 paras. 7, 99 (with Sch. 3 para. 6) Words repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 86), Sch. 4 Words in s. 13(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(4) (with Sch. 4 para. 31) Words in s. 14 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 2(5) (with Sch. 4 para. 31) S. 15(2) repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(5)(a), 324(3), Sch. 22 Pts. 5(A); S.I. 2009/3345, art. 2, Sch. para. 9Sch. para. 27(b) S. 15(2A)(2B) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(3), 104(1); S.S.I. 2006/432, art. 2(f) S. 15(2A) repealed (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), s. 168(1), Sch. 4 para. 10 (with s. 162); S.S.I. 2011/58, art. 2(b) (with art. 5) Words in s. 15(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 S. 16 repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II Words in s. 17 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(b) (with s. 312(1)) Words repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I Words in s. 18(2) inserted (1.7.1999) by S.I, 1999/1820, art. 4, Sch. 2 Pt. I para. 48(4); S.I. 1998/3178 Definition in s. 19(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(i) (with s. 312(2)) Definitions in s. 19(1) inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(ii) (with s. 312(1)) Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(b); S.I. 1998/3178, art. 3 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(c); S.I. 1998/3178, art. 3 Definitions in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(a); S.I. 1998/3178, art. 3 Definitions repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I and Fishery Limits Act 1976 (c. 86), Sch. 4 Words in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(d); S.I. 1998/3178, art. 3 S. 19(2) repealed by Fishery Limits Act 1976 (c. 86), Sch. 4 S. 20 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I S. 22(3)(4) repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I S. 22(6) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 2 Sch. 1 Pt. I repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. I Sch. 1 Pt. II paras. 23, 32, 33 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 57(5), 58(4), Sch. 7, Sch. 8 para. 1 Sch. 1 Pt. II paras. 25, 35 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2 Sch. 1 Pt. II paras. 23, 32, 33 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 57(5), 58(4), Sch. 7, Sch. 8 para. 1 Sch. 1 Pt. II paras. 25, 35 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(1) Word in s. 5(2)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(a)(i); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), s. 4(2) S. 5(1)(b) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(ii); S.I. 1998/3178, art. 3 Word in s. 5(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(b); S.I. 1998/3178, art. 3 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 17(1) Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 3(1) Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(2) S. 5(6) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(2)(c); S.I. 1998/3178, art. 3 Act extended by S.I. 1988/1926, reg. 32 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act transfer of functions (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), art. 4(1)(c) (with art. 5(2)(3)) Act: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 53(2)(b)(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l) Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1 S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3 S. 5 functions made exercisable concurrently (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), arts. 1(3), 5(1)(c) S. 5 transfer of functions (5.12.2012) by The Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), arts. 1(2), 3(1)(b) (with art. 5) S. 5(1) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5(1) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5(2)(a) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 5(2)(a) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) Functions exercisable jointly by Ministers under s. 7 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1 Certain functions of Minister of Agriculture, Fisheries and Food under s. 7 now exercisable (W.) by Secretary of State, or by Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1 S. 7(1)(g) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 7(2) functions made exercisable concurrently with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 2 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 8 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 8 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch. 1 S. 8 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) S. 8 applied (1.1.1996) by 1868 c. 45, s. 26 (as substituted by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 2) (with s. 312(1)) S. 8 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(c) S. 8 applied (1.4.2024) by Regulation (EU) No. 1627/2016, Art. 56D(2) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 6(34)) S. 8 applied (1.4.2024) by Regulation (EU) No. 640/2010, Art. 9C(2) (as inserted by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(10)) S. 8(3) modified (temp.) (S.) (1.11.2010) by The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I. 2010/375), art. 1(1)(2)4(2)(a) S. 8(4) modified (temp.) (S.) (1.11.2010) by The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I. 2010/375), art. 1(1)(2)4(2)(b) Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 9 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 9 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) Ss. 9, 10 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 10 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 10 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 11 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 11 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 12 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 12 applied (1.1.1996) by 1995 c. 21 ss. 15(9), 316(2) (with s. 312(1)) S. 14 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1 S. 14 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1 S. 14 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1)) S. 18(1)(2) excluded (28.3.2002) byThe Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 {para.3(3)} S. 18(1)(2) excluded (28.3.2002) byThe Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 {para.3(3)} Reference to enactment of Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1) Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1 S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3 1967 c. 83. 1967 c. 83. 1967 c. 84. Power of appointment conferred by s. 23(2) partly exercised: S.I. 1969/1551 An Act to make further provision with respect to the subsidies payable to, and the levies which may be imposed on, the white fish and herring industries, to make further provision for the regulation of sea fishing, to amend the Sea Fisheries (Shell fish) Act 1967 and the Sea Fish (Conservation) Act 1967, to make provision with respect to fishing boats and gear lost or abandoned at sea, to remove anomalies in certain enactments relating to sea fisheries and the white fish and herring industries and to repeal other such enactments which are obsolete or unnecessary; and for connected purposes.
Section 2 of the Sea Fish Industry Act 1962 (special provisions with respect to white fish subsidy for larger vessels, including provision for progressive reduction of grants) shall cease to have effect.
Section 4 of the White Fish and Herring Industries Act 1957 and section 1(6) of the Sea Fish Industry Act 1962 (which respectively limit the aggregate amount of grants by way of white fish and herring subsidy, subject to a power to increase the limit by order, and limit increases in the aggregate amount of those grants) shall also cease to have effect.
The date before which applications for grants in pursuance of a scheme under section 5 of the White Fish and Herring Industries Act 1953 (white fish subsidy) or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy) must be received by the appropriate Minister shall be postponed from 1st January 1973 to 1st January 1974.
In this section and section 2 below " the appropriate Minister " means, in relation to England and Wales and Northern Ireland, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland the Secretary of State concerned with the sea fishing industry in Scotland.
The power of the appropriate Minister to make grants in pursuance of a scheme under section 5 of the White Fish and Herring Industries Act 1953 (power to pay white fish subsidy with a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of white fish) or section 3 of the White Fish and Herring Industries Act 1957 (power to pay herring subsidy for a similar purpose) shall include power to make such grants with a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of products of white fish or herring, as the case may be.
For the purposes of those sections the trans-shipment of white fish and herring and their respective products in a port in the United Kingdom or within the exclusive fishery limits shall be treated as the landing of white fish and herring and their respective products in the United Kingdom.
In this section " white fish " has the same meaning as in the said section 5.
Any person who— shall be liable, on summary conviction, to a fine not exceeding £400.
in furnishing any information in purported compliance with a requirement imposed by a scheme under section 5 of the White Fish and Herring Industries Act 1953 (white fish subsidy) or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ;
for the purpose of obtaining for himself or any other person any sum payable under such a scheme makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ;
in purported compliance with a requirement imposed by such a scheme produces a document which he knows to be false in a material particular or recklessly produces a document which is false in a material particular ; or
wilfully refuses to supply any information, make any return or produce any document when required to do so by or under any such scheme,
Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
The general levy which may be imposed by the White Fish Authority under section 15(2) of the Sea Fish Industry Act 1951 (power to impose on persons engaged in the white fish industry a general levy not exceeding one penny for every stone of white fish landed in Great Britain) may be imposed—
in respect of white fish landed in Great Britain, at a prescribed rate not exceeding 2d. for each stone of white fish so landed ; and
in respect of white fish products so landed, at a prescribed rate in respect of each stone of the products.
The rate prescribed in relation to any white fish product for the purposes of subsection (1)(b) above shall not exceed an amount which in the opinion of the Authority would be yielded by a levy of 2d. on each stone of white fish required on average (whether alone or together with any other substance or article) to produce a stone of that product.
In subsections (1) and (2) above " prescribed" means prescribed by regulations made by the Authority under Part I of the Sea Fish Industry Act 1951 ; and the Authority may prescribe different rates of general levy for fish of different descriptions and products of different descriptions.
The Ministers may by order provide that for references to 2d. in subsections (1) and (2) above there shall be substituted references to such larger sum as may be specified in the order.
No order shall be made under subsection (4) above unless a draft thereof has been laid before, and been approved by, both Houses of Parliament.
For the purposes of section 15(2) and (3) of the Sea Fish Industry Act 1951 parts of white fish shall, notwithstanding anything in the definition of white fish in section 19 of that Act (interpretation of Part I of that Act), be treated as products of white fish and not as white fish.
In the said section 15(2) and (3) references to persons engaged in the white fish industry shall be construed as including references to persons carrying on in Great Britain the business of buying the products of white fish by wholesale or of importing white fish or their products.
In section 3(l) of the Herring Industry Act 1935 (which, as applied by section 7(5) of the White Fish and Herring Industries Act 1948, empowers the herring industry scheme to contain provisions for levies on persons engaged in the herring industry and on purchasers of herring wholesale) for the words " purchasers of herring wholesale " there shall be substituted the words " purchasers of herring or herring products wholesale and importers of herring or herring products ". In the said paragraph (l) as amended by this subsection " products " has the same meaning as in Part I of the Sea Fish Industry Act 1951.
The Ministers may direct that a substance or article which is capable of being produced wholly or partly from either white fish or herring or both shall be treated for the purposes of this section, section 15(2) and (3) of the Sea Fish Industry Act 1951 and section 7 of the White Fish and Herring Industries Act 1948 and any instrument made under or by virtue of any of those provisions as being wholly or partly produced from one of those descriptions of fish, and may also give directions with respect to the collection of sums payable by way of levy or contribution in respect of that substance or article in pursuance of any such instrument and the application of sums so paid in any manner specified in the directions, whether or not the application of those sums in that manner is authorised by the relevant provision or instrument.
In this section " the Ministers " has the same meaning as in Part I of the Sea Fish Industry Act 1951.
The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and
to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits
The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to a fine not exceeding £1,000or on conviction on indictment to a fine.
The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
This section has effect in relation to Scotland with the following modifications–
in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
in subsection (2)(b)–
for “Scottish” there is substituted “relevant British”; and
for “relevant British fishery limits” there is substituted “the Scottish zone”; and
in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.
The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and
to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits
The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to [the statutory amount]or on conviction on indictment to a fine.
The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
This section has effect in relation to Scotland with the following modifications–
in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
in subsection (2)(b)–
for “Scottish” there is substituted “relevant British”; and
for “relevant British fishery limits” there is substituted “the Scottish zone”; and
in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.
A foreign fishing boat not registered in a country for the time being designated under the Fishery Limits Act 1964 shall not enter the fishery limits of the British Islands except for a purpose recognised by international law, or by any convention for the time being in force between Her Majesty's Government in the United Kingdom and the government of the country to which the boat belongs; and any such boat which enters those limits—
shall return putside those limits as soon as the purpose for which it entered them has been fulfilled; and
shall not fish or attempt to fish while within those limits.
A foreign fishing boat registered as aforesaid shall not enter the exclusive fishery limits except for any such purpose as aforesaid and if it enters those limits—
shall return outside them as soon as the purpose for which it entered them has been fulfilled; and
shall not fish or attempt to fish while within those limits.
A foreign fishing boat so registered shall not fish or attempt to fish in the outer belt except in an area and for any description of fish for the time being designated under the Fishery Limits Act 1964 in relation to the country in which it is registered.
The fishing gear of a foreign fishing boat which is prohibited by this section from fishing in any area within the fishery limits of the British Islands shall, while the boat is in that area, be stowed in accordance with an order made by the Ministers, and if a fishing boat is prohibited by this section from fishing in an area for the time being designated as aforesaid for fish for the time being not so designated, all the fishing gear of the boat except that required by it for fishing for fish for the time being so designated shall, while the boat is in that area, be stowed as aforesaid.
In the event of a contravention of this section in the case of a fishing boat—
the master of the boat shall be liable on summary conviction to a fine not exceeding £500; and
the court may on convicting him of an offence under this section order the forfeiture of any fish or fishing gear found in the boat or taken or used by any person from the boat; and
where the contravention takes place in Scotland, any fish or fishing gear forfeited under paragraph (b) above may be destroyed or otherwise disposed of as the court may direct.
The foregoing provisions of this section shall not prohibit or restrict fishing by fishing boats registered in a country outside the United Kingdom in any area with respect to which special provision for fishing by such boats is made by any arrangement between Her Majesty's Government in the United Kingdom and the government of that country.
The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—
officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;
commissioned officers of any of Her Majesty’s ships;
persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
officers of the fishery protection service ... of the Scottish Ministers holding the rank of commander, first officer or second officer;
persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the following members of the Coastguard, that is to say, inspectors, district officers and members in charge of coastguard stations;
other persons appointed as British sea-fishery officers by one of the appropriate Ministers.
The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.
A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).
An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—
to particular matters;
to a particular area;
to a particular order or class of orders.
In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.
In this section “the appropriate Minister” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Scotland, the Scottish Ministers; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland.
For the purpose of enforcing the provisions of any order under section 5 above or of section 12 of the Fisheries Act 2020 or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within British fishery limits and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,— but nothing in paragraph ( d ) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 12 of the Fisheries Act 2020 has at any time taken place within British fishery limits, he may— and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
detain or require the master to detain the boat in the port;
If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within British fishery limits, he may require the boat to move away or to move in a direction or to a position specified by him.
For the purpose of enforcing the collision regulations made under section 85 of the Merchant Shipping Act 1995, so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within British fishery limits and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents), whether or not he is mentioned in that section, and also the powers conferred by the foregoing provisions of this section, and section 257 of that Act so far as it relates to the former powers shall apply accordingly.
For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside British fishery limits the powers conferred by section 8(2) and (3) above.
Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.
A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
Any person who on any fishing boat within British fishery limits, or on a British fishing boat anywhere outside those limits,— shall be guilty of an offence.
fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;
prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or
assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or wilfully obstructs any such officer in the exercise of any of those powers;
Subsection (2) above shall apply in relation to things done on a British fishing boat anywhere within the convention area outside British fishery limits by or in relation to a foreign sea-fishery officer who is exercising powers to enforce the provisions of the convention relating to that area as it applies in relation to things done on any fishing boat within those limits by or in relation to a British sea-fishery officer.
Any person who on any vessel within British fishery limits— shall be guilty of an offence.
fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;
prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or
assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine. on summary conviction, or on conviction on indictment, to a fine.
In any civil or criminal proceedings a written statement purporting to be a report made by a British or foreign sea-fishery officer on matters ascertained in the course of exercising his powers under section 9 above for the purpose of enforcing the provisions of any convention mentioned in that section shall be admissible as evidence to the like extent as oral evidence to the like effect by that officer.
Subsection (1) above shall be taken to be in addition to, and not to derogate from, the provisions of any other enactment relating to the reception or admissibility of documentary evidence.
Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the court may—
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the sheriff may—
issue a warrant for the poindingarrestment and sale of the boat and its gear and catch and any property of the person convicted; and
if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants), as they apply to warrants of the kinds mentioned there, shall apply to a warrant of distress issued under this section in England and Wales ....
Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in that paragraph.
Where on convicting a person of an offence under section 5 or 10 of this Act it appears to a court in England and Wales or Northern Ireland that personal injury or damage to property has been caused by the offence, the court may by the conviction adjudge the person convicted to pay, in addition to any fine, a reasonable sum, not exceeding £400, as compensation for the injury or damage, and the sum when recovered shall be paid to the person who has suffered the injury or damage.]
Where a person is to be brought to trial before a sheriff in Scotland for an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020—
any person who considers that personal injury to him or damage to his property has been caused by the offence may, at any time before the commencement of the trial, give notice in writing to the accused person and the sheriff clerk that at the trial of the offence the sheriff shall be called upon to make an award of compensation in respect of that injury or damage;
if notice has been given as aforesaid and the accused is convicted of the offence the sheriff shall thereupon dispose of the question of compensation, but shall not order payment of a sum by way of compensation exceeding level 5 on the standard scale
any evidence led at the trial shall be admissible as evidence in the disposal of the question of compensation, and if the compensation claimed is in respect of damage to property and a report of a British sea-fishery officer relating to the damage is produced as evidence, that report shall, unless the sheriff considers that it is necessary in the interests of justice to allow additional evidence, be sufficient evidence for the disposal of the question of compensation; and
in disposing of the question of compensation the sheriff may, subject to paragraph (b) above, give decree as in any ordinary action brought before him.
Section 12 of this Act shall apply in relation to compensation adjudged or ordered to be paid under this section by the master, owner, or charterer or a member of the crew of a fishing boat as it applies in relation to a fine imposed by a magistrates’ court or sheriff on such a person.
The provisions of this section shall not be taken to derogate from any right of a person who has suffered personal injury or damage to property in consequence of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020 to recover damages in respect of the injury or damage in civil proceedings.
Proceedings for an offence under section 5 or 10 of this Act ... may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
The Sea Fisheries (Shellfish) Act 1967 shall be amended in accordance with, and have effect subject to, the following provisions of this section.
In section 1(1) (orders as to fisheries for oysters, mussels and cockles) for the words “and cockles” there shall be substituted the words “cockles, clams and any other molluscs of a kind specified in regulations made by the appropriate Minister”.
The power to make an order under that section section 1 of that Act conferring on the grantees a right of regulating a fishery for any specified description of shellfish shall be construed as including a power to enable them with the consent of the appropriate Minister to impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of shellfish of that description within the limits of the regulated fishery.
The reference in section 3(1) of the Sea Fisheries (Shellfish) Act 1967 to an order under section 1 of that Act conferring on the grantees a right of regulating a fishery which imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of shellfish shall be construed as including a reference to an order under section 1 of that Act conferring on the grantees such a right which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations; and the references in sections 3(1)(a), (2) and (3) of that Act to restrictions and regulations shall be construed as including a reference to restrictions so imposed and regulations so made.
An order under that section which imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of a fishery shall be construed as conferring on the grantees of the fishery power with the consent of the appropriate Minister to vary the tolls or royalties so imposed.
The references in sections 4A(1) and 4B(1) of the Sea Fisheries (Shellfish) Act 1967 to restrictions imposed by, or regulations made by, an order under section 1 of that Act conferring a right of regulating a fishery, shall be construed as including a reference to restrictions imposed by, or regulations made by, the grantees by virtue of an order under section 1 of that Act which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations.
In subsections (3) and (4) above “the appropriate Minister” has the same meaning as in the Sea Fisheries (Shellfish) Act 1967.
Anything purporting to be done at any time before the passing of this Act under or by virtue of section 1 or 3 of the Sea Fisheries (Shellfish) Act 1967 or any enactment thereby re-enacted which could have been done by virtue of subsection (3) or (4) above if that subsection had been in force at that time shall be treated as if it had been done by virtue of that subsection.
In paragraph 4(6) of Schedule 1 (notice of inquiry in connection with making of an order under section 1) for the words “fourteen days’” there shall be substituted the words “twenty-eight days’”.
Without prejudice to section 236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver), fishing boats or fishing gear lost or abandoned at sea and either— shall be treated as wreck for the purposes of Part IX of the Merchant Shipping Act 1995.
found or taken possession of within the territorial waters of the United Kingdom; or
found or taken possession of beyond those waters and brought within those waters;
Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.
A statutory instrument containing an order made by the Ministers under any provision of this Act, . . . shall be laid before Parliament or, in the case of an order in relation to Scotland, the Scottish Parliament.
Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.
In this Act, except so far as the context otherwise requires,—
" British fishing boat " means a fishing boat which is registered in the United Kingdom, exempted from registration by regulations under section 373 of the Merchant Shipping Act 1894 or owned wholly by a person who is (within the meaning of the Merchant Shipping Act 1894) a person qualified to own a British ship, and " foreign fishing boat" means a fishing boat which is not so registered, so exempted or so owned ;
“British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;
" convention " includes an agreement or other arrangement ;
“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging
" enactment " includes an enactment of the Parliament of Northern Ireland;
“relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone
" fish " includes shellfish, and cognate expressions shall be construed accordingly;
“fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;
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Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.
Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—
shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order to the Isle of Man or any of the Channel Islands; and
shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.
An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.
The enactments specified in Schedule 1 of this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this act.
The enactments specified in Schedule 2 to this Act(which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
The amendment by Schedule 1 to this Act of section 5 of the White Fish and Herring Industries Act 1953 and section 3 of the White Fish and Herring Industries Act 1957 shall not affect the operation of any scheme made under either of those sections, and the repeal by this Act of section 2 of the Sea Fish Industry Act 1962 shall not affect the operation of any scheme made under the said section 5 by virtue of the said section 2, but any such scheme which is in force immediately before the coming into force of the amendment and repeal shall, notwithstanding the repeal, have effect as if made under the said section 5 or the said section 3, as the case may be, as so amended.
The amendment by Schedule 1 to this Act of section 15 of the Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.
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of any Order in Council under section 23 of that Act which is in force immediately before the coming into force of the repeal; or
of any provision of that Act which is applied by any such Order or by any provision of the Fisheries Act 1891 or the North Sea Fisheries Act 1893.
This Act may be cited as the Sea Fisheries Act 1968.
Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.
Any order under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).
Section 22(1)
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for the word " approval" there shall be substituted the word " connivance ";
for the words " to have been facilitated by" there shall be substituted the words " is attributable to ";
for the words " officer of the body corporate " there shall be substituted the words " similar officer of the body corporate, or any person who was purporting to act in any such capacity ".
In section 14 (interpretation) the definition of " boat" shall cease to have effect.
In Schedule 2 (provisions of the Agricultural Marketing Act 1931 applied with modifications to a consumers' committee and a committee of investigation appointed for the herring industry)—
any reference to the products of the herring industry shall be construed as a reference to herring and their products ;
in section 9(6) of the said Act of 1931 as set out in the said Schedule the words " or commodities produced wholly or partly therefrom " and the words " or such commodities as aforesaid " shall cease to have effect;
at the end of the said section 9, as so set out, there shall be inserted the following subsection—
In section 2(1) (Herring Industry Advisory Council) the words " and assistance " shall cease to have effect.
In section 15(2)(a) (general levy of the White Fish Authority) for the words from " a sum " to " that year " there shall be substituted the words " such sums as may be authorised by section 4 of the Sea Fisheries Act 1968 ".
In section 18(6) (offences by body corporate) after the words " similar officer of the body corporate " there shall be inserted the words " or any person who was purporting to act in any such capacity ".
In section 19 (interpretation of Part I), in the definition of "processing", as amended by Schedule 3 to the Sea Fish Industry Act 1962, for the words " producing any substance or article from fish " there shall be substituted the words " producing any substance or article wholly or partly from fish ".
In section 1(1) (grants by the White Fish Authority towards new vessels and engines), in the proviso, after the word " vessel" there shall be inserted the words " or in the acquisition or installation of any secondhand ".
In section 1(3) (persons qualifying for grants by the White Fish Authority), the words " (of whatever size and in whatever way propelled)" shall cease to have effect.
For section 5(1) (white fish subsidy) there shall be substituted the following subsections:—
In section 5(2) (provisions which may be included in white fish subsidy schemes) for paragraph (a) there shall be substituted the following paragraph:— and in paragraph (b) after the words " another vessel" there shall be inserted the words " or are to be trans-shipped in a port in the United Kingdom or within the exclusive fishery limits by the vessel which caught them or by another vessel ".
In section 5(3) (time limit for applying for grants in pursuance of white fish subsidy schemes), as set out in section 2 of the White Fish and Herring Industries Act 1957 and as amended by Schedule 2 to the Sea Fish Industry Act 1962, for the words from "the first day" onwards there shall be substituted the words " 1st January 1974 ".
In section 5(5) (definitions) after the definition of " the appropriate Minister" there shall be inserted the following definitions—
In section 6(1) (grants by the Herring Industry Board) after the words " engaged in the herring industry " there shall be inserted the words " in Great Britain ", and in the proviso, after the word " vessel" there shall be inserted the words " or in the acquisition or installation of any secondhand ".
In section 6(4) (persons qualifying for such grants) for the words "boats (as defined by the Herring Industry Act 1935)" there shall be substituted the word " vessels ".
For section 3(1) (herring subsidy) there shall be substituted the following subsection:—
In section 3(2) (provisions which may be included in herring subsidy schemes) for paragraph (a) there shall be substituted the following paragraph:— and in paragraph (b) after " another vessel" there shall be inserted the words " or are to be trans-shipped in a port in the United Kingdom or within the exclusive fishery limits by the vessel which caught them or by another vessel ".
In section 3(3) (time limit for applying for grants in pursuance of herring subsidy schemes), as amended by Schedule 2 to the Sea Fish Industry Act 1962, for the words from " the first day " onwards there shall be substituted the words " 1st January 1974 ".
In section 3(4) (definitions) at the end there shall be inserted the following definitions:—.
In section 3(3) (persons qualifying for grants by the White Fish Authority), the words " (of whatever size and in whatever way propelled) " shall cease to have effect.
In section 3(4) (application of section 6 of the White Fish and Herring Industries Act 1953 to vessels and persons), for the words " boats (as defined by the Herring Industry Act 1935) " there shall be substituted the word " vessels ".
Section 9 (reimbursement of Isle of Man subsidies) shall be amended in accordance with the following provisions of this paragraph. In subsection (1)— In subsection (3) after the word " herring ", wherever it occurs, there shall be inserted the words " or herring products ". At the end of the section there shall be inserted the following subsection:—.
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for the words " such Order in Council" there shall be substituted the words " an Order in Council under section 373 of the Merchant Shipping Act 1894 ";
after the words " British Islands " there shall be inserted the words " within the meaning of the Sea Fisheries Act 1968 ";
for the words " this part of this Act", in both places where they occur, there shall be substituted the words " that section ";
for the words " sea-fishery officer" there shall be substituted the words " British sea-fishery officer within the meaning of section 7 of the said Act of 1968 ".
In section 1 (citation and construction), for the words “the Sea Fisheries Act 1883” there shall be substituted the words “the Sea Fisheries Act 1968”.
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In section 6 (returns about sea fisheries) the words “against the Sea Fisheries Act 1883” shall be omitted and at the end there shall be inserted the words “and sections 12(2) and 14 of the Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5, 6 or 10 of that Act”.
Provided that it shall be a defence for the master to prove that he issued proper orders for the observance, and used due diligence to enforce the observance, of the provision of the Act or byelaw contravened and that the offence in question was actually committed by some other person without his connivance.
Provided that nothing in the first paragraph of this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.
Provided that nothing in this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.
In section 10 (powers of sea-fishery officers) for the words from “sea” where it first occurs to the end there shall be substituted the words “a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 6 of that Act or any order thereunder”.
In section 13 (powers of taking legal proceedings) the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by” shall cease to have effect.
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In section 374 (effect of registry of fishing boat), for the words " against the Sea Fisheries Act 1883 " there shall be substituted the words " under the Sea Fisheries (Scotland) Amendment Act 1885 or under section 5, 6 or 10 of the Sea Fisheries Act 1968 ".
In section 3 (definition of Sea Fisheries Acts) for the words from “’ Sea Fisheries Acts ’” to “1885” there shall be substituted the words “’ Sea Fisheries Acts’ has the same meaning as in the Sea Fisheries Act 1968”.
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In section 17(2) (enactments to which the section’s exemption for operations for scientific and other purposes applies) for the words from “any enactment” to “this Act” there shall be substituted the words “section 6 of the Sea Fisheries Act 1968”.
In section 13(5) (powers of local fisheries committees), the words from the beginning to “1883” and from “the provisions” to “and of” and the word “other” shall cease to have effect.
Section 15 (powers of British sea-fishery officers) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) the words from the beginning to “1962” shall cease to have effect. For subsections (3) to (7) there shall be substituted the following subsections:—
In section 22(1), in the definition of “British sea-fishery officer”, for the words from “section 11” to “1951” there shall be substituted the words “section 7 of the Sea Fisheries Act 1968”.
Section 22(2).
Chapter Short Title Extent of Repeal 31 & 32 Vict. c. 45. Sea Fisheries Act 1868 Section 1. In Section 5, the definitions of “person” and “the Irish Fishery Commissioners”. Section 67. In section 70, the proviso. 25 & 26 Geo. 5. c. 9. The Herring Industry Act 1935. In section 14, the definition of “boat”. In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words “or commodities produced wholly or partly therefrom” and the words “or such commodities as aforesaid”. 1 & 2 Geo. 6. c. 30. The Sea Fish Industry Act 1938. Section 50. 1 & 2 Geo. 6. c. 42. The Herring Industry Act 1938. In section 2(1), the words “and a ssistance”. 9 & 10 Geo. 6. c. 11. The Inshore Fishing Industry Act 1945. The whole Act. 11 & 12 Geo. 6. c. 51. The White Fish and Herring Industries Act 1948. Section 3. 14 & 15 Geo. 6. c. 30. The Sea Fish Industry Act 1951. Section 13(3). 1 & 2 Eliz. 2. c. 17. The White Fish and Herring Industries Act 1953. In section 1(3), the words “(of whatever size and in whatever way propelled)”. Section 2(4). Section 13(2) and (3). 5 & 6 Eliz. 2. c. 22. The White Fish and Herring Industries Act 1957. Section 1(3A) and (4). Section 4. In section 5(3), the words “or order”. In section 5(4), the words from “and an order” to the end. Section 6(2). 8 Eliz. 2. c. 7. The Sea Fish Industry Act 1959. Section 1. 10 & 11 Eliz. 2. c. 31. The Sea Fish Industry Act 1962. Section 1(4) and (6). Section 2. In section 3(3), the words “(of whatever size and in whatever way propelled)”. Section 3(6). Section 31. Section 33(3). In section 35(5), the words “an d thirty-one”. In Schedule 2, paragraphs 18(1), 21(3) and (4), 22(1) and 23. 1966 c. 34. The Industrial Development Act 1966. Section 28. 1967 c. 35. The Fishing Vessel Grants Act 1967. The whole Act.
Chap ter Short Title Extent of Repeal 31 & 32 Vict. c. 45. The Sea Fisheries Act 1868. In section 5, the definitions of “Great Britain and Ireland”, “United Kingdom”, “exclusive fishery limits of the British Islands” and “exclusive fishery limits of France”. In section 57, the words from “o r under” to “provided)”. Section 63. In section 65, the second paragraph. Section 66. In section 70, the words from the beginning to “save as aforesaid”, the words from “the seas adjoining” to “the whole of” and the words from “and to the seas” to “British Islands” in the fourth place where it occurs. 46 & 47 Vict. c. 22. The Sea Fisheries Act 1883. The whole Act. 48 & 49 Vict. c. 70. The Sea Fisheries (Scotland) Amendment Act 1885. Section 3. Section 5. 54 & 55 Vict. c. 37. The Fisheries Act 1891. Section 5. in section 6(1), the words “as one with the Sea Fisheries Act 1883, and” and the word “also”, and section 6(2). In section 13, the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by”. 24 & 25 Geo. 5. c. 18. The Illegal Trawling (Scotland) Act 1934. Section 3. 1 & 2 Geo. 6. c. 30. The Sea Fish Industry Act 1938. Section 54. Section 59. Section 61. Section 62. Section 63(2). 14 & 15 Geo. 6. c. 30. The Sea Fish Industry Act 1951. Section 25. 8 Eliz. 2. c. 7. The Sea Fish Industry Act 1959. Section 9. 10 & 11 Eliz. 2. c. 31. The Sea Fish Industry Act 1962. Section 16. Section 18. Section 36(1). 1964 c. 72. The Fishery Limits Act 1964. Section 1(2). Section 2. Section 3(2) and (5). In Schedule 1 the amendments of the Sea Fisheries Act 1883. 1966 c. 38. The Sea Fisheries Regulation Act 1966. In section 13(5), the words from the beginning to “1883” and from “the provisions” to “ and of” and the word “other”. 1967 c. 83. The Sea Fisheries (Shellfish) Act 1967. Schedule 2, so far as relating to the Sea Fisheries (Scotland) Amendment Act 1885. 1967 c. 84. The Sea Fish (Conservation) Act 1967. In section 15(1), the words from the beginning to “1962”.