Sea Fish (Conservation) Act 1967

Supplemental

19Financial provisions

(1)Any expenses incurred under section 8 of this Act by the Board of Trade for the purpose of regulating the landing of sea fish in the United Kingdom, and any expenses incurred by the Ministers under section 10 of this Act, shall be defrayed out of moneys provided by Parliament.

(2)Any receipts of the Minister of Agriculture, Fisheries and Food or of the Secretary of State in pursuance of an order made in accordance with section 4(6) of this Act shall be paid into the Exchequer.

20Orders

(1)Any power conferred by this Act to make an order includes power to vary or revoke the order by a subsequent order.

(2)Any power conferred by section 1, 3, 4, 5, 6, 8 or 15 of this Act to make an order shall be exercisable by statutory instrument.

(3)A statutory instrument containing an order made under the said section 1, 3 or 8, and a statutory instrument containing an order made under the said section 15 in relation to the said section 1 or 3 or an order thereunder, shall be laid before Parliament.

(4)A statutory instrument containing an order made under the said section 8 shall cease to have effect on, the expiration of a period of twenty-eight days beginning with the date on which it is made unless before the expiration of that period it has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done under the instrument or to the making of a new statutory instrument.

In reckoning for the purpose of this subsection any period of twenty-eight days, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which the House of Commons is adjourned for more than four days.

(5)A statutory instrument containing an order made under section 4, 5 or 6 of this Act, and a statutory instrument containing an order made under section 15 thereof in relation to any of those sections or an order thereunder, except a statutory instrument to which subsection (6) below applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Where an order under section 5(1) of this Act is made so as to have effect in relation to salmon or migratory trout (whether it is made so as to have effect in relation to any other description of fish or not), then, if the order contains a statement in accordance with subsection (3) of that section, the statutory instrument containing the order shall be of no effect unless it is approved by a resolution of each House of Parliament.

(7)As soon as may be after the making of any of the following orders, that is to say, an order under section 1, 3, 6 or 8 of this Act and an order under section 15 thereof relating to the said section 1 or 3 or an order thereunder, the authority making the order shall, in such manner as that authority thinks best for informing persons concerned, publish a notice stating that the order has been made and specifying the place where copies of the order may be purchased.

21Exercise of powers by Board of Trade

The functions of the Board of Trade under this Act may be exercised by the President of the Board, any Minister of State with duties concerning the affairs of the Board, any secretary, under-secretary or assistant secretary of the Board or any person authorised in that behalf by the President of the Board.

22Interpretation

(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—

• " British-owned ", in relation to a fishing boat, means owned by a person who is (within the meaning of the [1894 c. 60.] Merchant Shipping Act 1894) a person qualified to own a British ship, or owned by two or more persons any one of whom is (within the meaning of that Act) a person so qualified;

• " 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;

• " fishing boat " means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing or (except in section 5 and except in section 15 in so far as that section applies to sections 5 and 6 of this Act and orders made under those sections) the sea fishing service ;

• " the Fishmongers' Company " means the wardens and commonalty of the Mystery of Fishmongers in the City of London;

• " local fisheries committee " means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the [1966 c. 38.] Sea Fisheries Regulation Act 1966;

• " market authority " means any person having power to regulate a market;

• " master " includes, in relation to any vessel, the person for the time being in command or charge of the vessel;

• " migratory trout " means trout which migrate to and from the sea;

• " processing " (in relation to fish) includes preserving or preparing fish, or producing any substance or article from fish, by any method for human or animal consumption ;

• " salmon " includes any fish of the salmon species;

• " sea fish " means fish, whether fresh or cured, of any kind found in the sea, including shellfish, and any parts of any such fish but (except in sections 4, 5, 6, 7 and 9) does not include salmon or migratory trout;

• " shellfish " includes crustaceans and molluscs of any kind and any spat or spawn of shellfish ;

• " vessel " includes any ship or boat or any other description of vessel used in navigation.

(2)In this Act " the appropriate Minister", in relation to England and Wales, means the Minister of Agriculture, Fisheries and Food, and, in relation to Scotland, means the Secretary of State concerned with the sea fishing industry in Scotland, and " the Ministers "—

(a)except in sections 1 and 9(1) and (4) of this Act means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland;

(b)in the said sections 1 and 9(1) means the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Scotland;

(c)in the said section 9(4) means the Minister of Agriculture, Fisheries and Food, the Secretary of State concerned with the sea fishing industry in Scotland and the Ministry of Agriculture for Northern Ireland.

(3)Anything which is required or authorised under this Act to be done by the Ministers shall be done by the Ministers acting in conjunction.

(4)Except in so far as the context otherwise requires, references in this Act to any enactment are references to that enactment as amended by or under any other enactment.

23Northern Ireland

(1)Sections 4(9) and 5(2) of this Act shall not apply to the imposition of any prohibition or restriction on fishing within such part of the fishery limits of the British Islands as is mentioned in section 4(2) of the [1964 c. 72.] Fishery Limits Act 1964.

(2)Sections 6 and 7 of this Act shall not apply to the landing of salmon or migratory trout in Northern Ireland.

(3)So much of sections 4 and 5 of this Act, as modified by subsection (1) above, and of the other provisions of this Act (except section 9(4), (5) and (6)), as relates to matters in respect of which the Parliament of Northern Ireland has power to make laws shall be deemed for the purposes of section 6 of the [1920 c. 67.] Government of Ireland Act 1920 to be contained in an Act passed before the day appointed for the purposes of that section.

(4)The following provisions of this Act, that is to say,—

(a)section 1(1) and (2), section 1(6) so far as it relates to a contravention of section 1(1), and section 2,

(b)section 9(1),

(c)sections 11 and 12, so far as they relate to offences under section 1(1) or section 2,

(d)section 15, so far as it relates to the enforcement of section 1(1) or of orders made thereunder, and

(e)sections 13, 16, 17 and 18,

shall not extend to Northern Ireland.

24Channel Islands and Isle of Man

(1)Her Majesty may by Order in Council direct that, subject to such exceptions, adaptations and modifications, if any, as may be specified in the Order, the following provisions of this Act, that is to say,—

(a)sections 1, 3, 4, 5, 9(1), (2) and (3) and 14,

(b)section 11, so far as it relates to offences under section 1, 3, 4 or 5, and

(c)sections 15 and 16, so far as they relate to the enforcement of section 1, 3, 4 or 5 or of orders made thereunder,

shall apply in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as those provisions apply in relation to British fishing boats registered in the United Kingdom.

(2)Her Majesty may by Order in Council direct that, subject as aforesaid, the following provisions of this Act, that is to say,—

(a)the provisions mentioned in subsection (1) above, and

(b)section 2, sections 11(1) and 13, so far as they relate to an offence under section 2, and section 16, so far as it relates to the enforcement of section 2, and

(c)section 9(4), (5), (6) and (7),

shall extend to the Isle of Man or any of the Channel Islands.

(3)An Order in Council under subsection (1) or (2) of this section may be varied or revoked by a subsequent Order thereunder.

25Repeals, savings and consequential amendment

(1)The Acts specified in the Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule.

(2)In so far as any order, Order in Council, notice or licence made, given or granted under any enactment repealed by this Act, or any other thing done under any such enactment, could have been made, given, granted 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, given, granted 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)Where any Act or any document refers, either expressly or by implication, to an enactment repealed by this Act, the reference 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, forfeiture or any one or more of them) 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)In section 10 of the [1948 c. 51.] White Fish and Herring Industries Act 1948 (which defines " the Ministers ") for the words " the last mentioned Secretary of State " there shall be substituted the words " the Secretary of State concerned with the sea-fishing industry in Northern Ireland ".

26Citation and commencement

This Act may be cited as the Sea Fish (Conservation) Act 1967 and shall come into force at the expiration of a period of one month beginning with the date on which it is passed.