Sea Fish Industry Act 1938

Section 4.

THIRD SCHEDULEProvisions with respect to the Making, Confirmation and Publication of Commission's Regulations

1At least two months before making any regulations under Part I of this Act the Commission shall cause to be published in the Gazettes and in such other manner as it thinks best adapted for informing persons affected, a notice of the Commission's intention to make the regulations—

(a)specifying the place where the draft regulations may be inspected and copies thereof obtained, and the price (being a price approved by the Ministers) at which such copies will be supplied, and

(b)stating that the Commission is prepared to receive and consider. any objection to the proposed regulations which may be made to the Commission in writing within such period after the date of the publication of the notice, not being less than two months, as may be specified in the notice;

and the Commission shall, before making the regulations, take into consideration any such objection so made to it before the end of the period specified on that behalf in the said notice.

2When submitting any such regulations as aforesaid to the Ministers for confirmation, the Commission shall transmit to them any objection to the regulations which has been duly made to the Commission and has not been withdrawn.

3Before confirming any such regulations as aforesaid submitted to them for confirmation, the Ministers shall consider any objections to the regulations which have been transmitted to them under the last preceding paragraph, and may, after holding such inquiries (if any) as they think fit, make such modifications in the regulations as they may, after consultation with the Commission, consider desirable :

Provided that—

(a)where an objection to the regulations has been duly made by any person appearing to the Ministers to be affected thereby, and has not been withdrawn, the Ministers, unless they consider the objection to be frivolous or irrelevant or unless the regulations have been modified as required by the objection, shall, before taking any further action with respect to the regulations, direct the holding of an inquiry with respect to the objection and consider the report of the person holding the inquiry; and

(b)if the Ministers decide to make any modifications in the regulations, they shall cause notice of the proposed modifications to be published in such manner as they think best adapted for informing persons affected.

4As soon as may be after confirming any such regulations as aforesaid, the Ministers shall cause to be published by advertisement in the Gazettes, and in such other manner as they think best adapted for informing persons affected, a notice stating that the regulations have come into operation, and specifying the place where copies of the regulations may be obtained.