An Act to amend the Law relating to Scottish Sea Fisheries and for other purposes relating thereto.
[14th August 1885]
Modifications etc. (not altering text)
C1Preamble omitted under authority of Statute Law Revision Act 1898 (c. 22), Sch. Pt. I
This Act may be cited as the Sea Fisheries (Scotland) Amendment Act 1885, and shall be read and construed along with [F1the M1Sea Fisheries Act 1968].
Textual Amendments
F1Words substituted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 24
Marginal Citations
This Act shall apply only to Scotland, and to the [F2Scottish zone; and in this Act, “the Scottish zone” has the same meaning as in the Scotland Act 1998].
Textual Amendments
F2Words in s. 2 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(3)
Textual Amendments
F3S. 3 repealed by Sea Fisheries Act 1968 (c. 77), Sch. 2 Pt. II
Textual Amendments
Every British sea fishing boat propelled by steam, fishing in [F5the Scottish zone] , shall, in addition to having the number and letters painted on the bow in manner provided by the M2Sea Fisheries Act 1883, have the initial letter or letters of the port to which it belongs, and the registry number in the series of numbers for that port, painted in white oil-colour on a black ground, on the funnel twelve inches from the top, and on the quarter three or four inches below the gunwale, and so as to be clearly visible, of the dimensions prescribed for the letters and numbers on the bow by the regulations in force for the time being for the lettering, numbering, and registering of British sea-fishing boats under the Sea Fisheries Acts or any Act amending the same.
This section shall be enforced in the same manner as if it were contained in such regulations.
It shall be the duty of the [F6Scottish Ministers] to enforce the provisions of the Sea Fisheries Acts, and of any Orders in Council following thereon, with respect to the numbering and lettering of fishing boats by directing their officers being sea fishery officers to use the powers in that behalf conferred upon sea fishery officers by the said Acts and Orders in Council.
Textual Amendments
F5Words in s. 5 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(4)
F6Words in s. 5 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)
Modifications etc. (not altering text)
C2S. 5 repealed (prosp.) by Sea Fisheries Act 1968 (c. 77), s. 23(2), Sch. 2 Pt. II
Marginal Citations
[F7The Scottish Ministers] shall have power to require all fishermen and other persons belonging to British sea-fishing boats, and all fish curers catching or curing any kind of sea fish in Scotland, or in [F8the Scottish zone], to make returns, in such form and at such periods as may be prescribed by . . . F9the [F7Scottish Ministers], of all sea fish which are caught or cured by them respectively.
The [F7Scottish Ministers], before [F10prescribing] the form or period . . . F9 for any such return, shall communicate with the [F11Minister of Agriculture, Fisheries and Food], and copies of all such returns shall be immediately furnished by the [F7Scottish Ministers] to the [F11Minister of Agriculture, Fisheries and Food].
Any person failing to make a full and correct return under this section shall be guilty of an offence against the . . . F12, and shall be liable on summary conviction to a fine not exceeding [F13level 2 on the standard scale][F14and sections 12(2) and 14 of the M3Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5 or 10 of that Act [F15or section 2 of the M4Fishery Limits Act 1976].]
Textual Amendments
F7Words in s. 6 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)
F8Words in s. 6 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(4)
F9Words repealed by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933), Sch.
F10Words substituted by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933), Sch.
F11Words substituted by virtue of Board of Agriculture and Fisheries Act 1903 (c. 31), s. 1(6), Ministry of Agriculture and Fisheries Act 1919 (c. 91), s. 1(1) and S.I. 1955/554 (1955 I, p. 1200), art. 3
F12Words repealed by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 26
F13Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289(G)
F14Words inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 26
F15Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)
Marginal Citations
Where any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:
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.]
Textual Amendments
F16S. 6A inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 27
Every case under the Sea Fisheries Acts may be prosecuted in any sheriff court which the [F17Scottish Ministers] may declare, by a notice under the hand of [F18a member of the staff of the Scottish Administration][F19duly authorised] to the Procurator Fiscal of such sheriff court, to be the court nearest to the spot where the offence was committed, or otherwise the most convenient for the trial of the case.
Where an offence has been committed by any person belonging to a British sea-fishing boat in Scotland, or in [F20the Scottish zone], against the Sea Fisheries Acts, whereby any injury is done by one sea-fishing boat to another, or the nets, lines, and gear thereof, or any of the apparatus used in fishing by the said boat, it shall be lawful for any [F21British sea-fishery officer] to whom complaint is made by the party injured, verbally or in writing, to make such examination or inquiry into the said complaint as he deems necessary, and, after affording the respondent an opportunity of being heard, to prepare and sign a report to the [F17Scottish Ministers], setting forth succinctly the facts of the case and the amount of the damage done, and he shall supply a copy of such report to the party injured or to the respondent on payment of the sum of [F225p] therefor, and it shall be competent for either party in any legal proceedings that may be raised for the recovery of the damage or any part thereof, to call upon the [F17Scottish Ministers] to transmit such report to the clerk of the court in which such case is to be tried, and such report shall be received as evidence in the cause without requiring that the said [F21British sea-fishery officer] shall appear to make oath to the truth thereof, and when such report is produced, no other evidence shall be received of the amount of such damage unless the court shall consider it necessary, in order to be able to do justice in the cause; and in any case in which the damage as found by the [F23sheriff principal] before whom the case comes for trial shall exceed twelve pounds, appeal shall be competent as in ordinary causes before the sheriff court.
Textual Amendments
F17Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)
F18Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(5)
F19Words substituted by virtue of Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1(6)(b)
F20Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(4)
F21Words substituted by virtue of Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 28
F22Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F23Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F24S. 7 proviso inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 28
F25Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)
Marginal Citations
. . . F26 Where any offence is committed, as set forth in section seven hereof, it shall be competent for the person whose property has been injured to give notice in writing to the person committing such offence, and to the sheriff clerk, that at the trial of said offence the [F27sheriff principal] will be called upon to consider and dispose of the question of damages, and, in such case, the evidence led at said trial shall be evidence for the consideration of the [F27sheriff principal] on the question of damages, and the [F27sheriff principal], at the conclusion of the said trial, shall proceed to consider and dispose of the question of compensation to the injured party, and if a report of a [F28British sea-fishery officer] has been produced, as set forth in section seven hereof, the [F27sheriff principal] shall not allow any additional evidence to be heard unless he shall consider it to be necessary in order to do justice in the case; and, if he shall allow additional evidence, the accused person shall be allowed to be examined as a witness on the question of the amount of damages, and shall, if oral evidence is to be taken on the question of damages, allow the accused person to be examined as a witness on the question of damages, and shall, after hearing parties, give decree as in an ordinary action before the sheriff court.
[F29Provided that nothing in this section shall apply to an offence under section 5 or 10 of the M7Sea Fisheries Act 1968 [F30or section 2 of the M8Fishery Limits Act 1976].]
Textual Amendments
F26Words repealed by Statute Law Revision Act 1898 (c. 22), Sch. Pt. I
F27Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F28Words substituted by virtue of Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 29
F29S. 8 proviso inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 29
F30Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)
Marginal Citations
Textual Amendments
F31S. 9 repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. II
For the purpose of carrying out the provisions of this Act, [F32a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the M9Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of [F33section 2 of the M10Fishery Limits Act 1976] or any order thereunder][F34and section 10 of that Act shall apply for the purposes of this Act as if for any reference to section 8 or 9 of that Act there were substituted a reference to this section].
Textual Amendments
F32Words substituted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 30
F33Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)
F34Words added by Fishery Limits Act 1976 (c. 86), s. 4(4)
Marginal Citations
Textual Amendments