Sea Fisheries Regulation Act 1966

Miscellaneous and supplemental

14Returns by local fisheries committees

Every local fisheries committee shall collect such statistics relating to the sea fisheries within the district of the committee, and make such returns to the Minister as to the proceedings of the committee under this Act and as to the said sea fisheries, as the Minister may reasonably require.

15Annual meetings of representatives of committees

At least once in every year the Minister shall convene a meeting composed of not less than one representative selected by each of the local fisheries committees to confer with the heads of the Fisheries Department of his department and for consultative purposes on matters relating to this Act.

16Payment of travelling expenses incurred by members of committee

A local fisheries committee may repay to any member of the committee the amount of any travelling expenses necessarily incurred by him—

(a)in attending any meeting of the committee or any meeting convened by the Minister under section 15 above;

(b)in carrying out any inspection necessary for the exercise of the powers of the discharge of the duties of the committee;

and any such amount repaid by such committee to any member thereof shall be treated as part of the expenses of the committee.

17Expenses, etc. of committees

(1)The expenses of a local fisheries committee, so far as payable by a county council, shall according as the order constituting the committee provides, be expenses for general county purposes shall be chargeable on such part only of the county as may be directed by the order

(2)Any expenses which such a committee is required by the Minister to incur in the collection of statistics shall be paid out of moneys provided by Parliament.

(3)The accounts of a local fisheries committee which by virtue of section 2(1) above is a joint committee of councils shall be made up yearly to the 31st March.

18Provisions with respect to areas under jurisdiction of river or harbour authorities

(1)Where a proposed sea fisheries district will adjoin of overlap the area of a river authority, the Minister shall, by the order defining the limits of the sea fisheries district, draw a line at or near the mouth of every river or stream flowing into the sea or into any estuary within those limits or at the option of the Minister, at or near the mouth of any estuary within those limits, and the sea fisheries district, shall not extend into that river, stream or estuary above that line; but the order may provide with respect to that river, stream or estuary that the river authority shall have the power of a local fisheries committee.

(2)Where an area is under the jurisdiction of a river authority, or a harbour authority, and an application for the creation of a sea fisheries district comprising that area of any part thereof has not been made or has been refused, the Minister may, if he thinks fit, by order confer on the river authority or harbour authority, as the case may be, the powers of a local fisheries committee with respect to that area, and may by a subsequent order revoke or vary any order made under this subsection if the area, or any part thereof, is subsequently comprised in a sea fisheries district.

The power to make orders under this subsection shal be exercisable by statutory instrument.

(3)Where by virtue of this section a river authority of harbour authority have the power of a local fisheries committee, then subject to section 119 of the [1963 c. 38.] Water Resources Act 1963 (procedure relating to byelaws made by a river authority), those powers shall be exercisable subject to the like conditions as the like powers are exercisable by such a committee and the provisions of this Act shall apply in relation to byelaws made or officers appointed in exercise of any such powers as if the byelaws were made or the officers appointed by a local fisheries committee.

19Council may pay, etc. certain expenses of river authority

A county or borough council may pay, or contribute to the payment of, any expenses incurred by a river authority in exercise of their powers under this Act.

20Interpretation

(1)In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• " borough " means a municipal borough which contained, according to the census of 1881, a population of not less than twenty thousand;

• " British sea-fishery officer " means any person who by virtue of section 11 of the [1883 c. 22.] Sea Fisheries Act 1883 or of section 25 of the [1951 c. 30.] Sea Fish Industry Act 1951 is a British sea-fishery officer ;

• " harbour authority " means any person or persons being or claiming to be the owner or owners of a harbour or having the duty of improving, managing, maintaining or regulating a harbour;

• " the Minister " means the Minister of Agriculture, Fisheries and Food;

• " sea " includes the coast up to high water mark;

• " sea fish " means fish of any description found in the sea including shellfish but does not include—

  (a)

  fish of the salmon species, or

  (b)

  trout which migrate to and from the sea ;

• " shellfish " includes crustaceans and molluscs of any kind ;

• " vessel " includes, ship, boat, lighter and other craft of any kind, whether stationary or navigated by steam or otherwise.

(2)References in this Act to any enactment are references to that Act as amended by or under any other enactment.

21Repeals, revocation, savings and consequential amendment

(1)The enactments specified in Part I of the Schedule to this Act are hereby repealed to the extent specified in the third column of that Part of that Schedule, and the order specified in Part II of that Schedule is hereby revoked to the extent specified in the third column of that Part of that Schedule.

(2)In so far as any order, regulations, byelaw or appointment made under any enactment repealed by this Act, or any other thing done under any such enactment, could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by this section but shall have effect as if made or done under that corresponding provision.

(3)Without prejudice to subsection (2) above, any reference in this Act to a thing done under any provision of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done under the corresponding provision of the enactments repealed by this Act.

(4)Any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

(5)For the purpose of determining the punishment (by fine, imprisonment or both) which may be imposed on a person in respect of an offence under any provision of this Act, an offence committed by that person under the corresponding enactment repealed by this Act shall be deemed to have been committed under that provision.

(6)Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section 38 of the [1889 c. 63.] Interpretation Act 1889 (which relates to the effect of repeals).

(7)For section 12(6) of the [1955 c. 25.] Oil in Navigable Waters Act 1955 there shall be substituted the following subsection:—

“(6)If a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 or any of its officers is authorised in that behalf under subsection (1) or (3) of this section, the committee may institute proceedings for any offence under this Act committed within the district of the committee”.

22Citation, commencement and extent

(1)This Act may be cited as the Sea Fisheries Regulation Act 1966 and shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

(2)This Act shall not extend to Scotland or Northern Ireland.