UKPGA-1992-60 — Sea Fish (Conservation) Act 1992

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Licensing of fishing boats.

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s. 2 — Restrictions on time spent at sea—appeals.

After section 4 of the Sea Fish (Conservation) Act 1967 there shall be inserted—

s. 3 — Licensing of vessels receiving trans-shipped fish.

s. 3(1)

Section 4A of the Sea Fish (Conservation) Act 1967 (which enables Ministers to prohibit vessels from receiving trans-shipped fish except under the authority of a licence) shall be amended as follows.

s. 3(2)

In subsection (7) (provision of statistical information) for the words “such statistical information” there shall be substituted the words “ such information, in such form, ”.

s. 3(3)

In subsection (10)(b) (revocation and suspension of licences) at the end there shall be added the words “ or to be appropriate in a case where there is a contravention of a prohibition imposed by an order under this section or a contravention of a condition of the licence ”.

s. 4 — Supplementary regulations.

After section 4A of the Sea Fish (Conservation) Act 1967 there shall be inserted—

s. 5 — Penalties for offences.

In section 11(1) of the Sea Fish (Conservation) Act 1967—

s. 5(a)

in paragraph (a) (maximum penalty of £50,000 on summary conviction of certain offences) for the words “section 4(3), 4A(3)” there shall be substituted the words“ section 4(3) or (6), 4A(3) or (6) ”, and

s. 5(b)

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s. 6 — Powers of British sea-fishery officers.

In section 15 of the Sea Fish (Conservation) Act 1967, after subsection (3) (under which certain powers listed in section 8 of the Sea Fisheries Act 1968 may be conferred by order on British sea-fishery officers for the enforcement of the Sea Fish (Conservation) Act 1967) there shall be inserted—

s. 7 — Orders.

s. 7(1)

Section 20 of the Sea Fish (Conservation) Act 1967 (orders) shall be amended as follows.

s. 7(2)

In subsection (5) for the words “subsection (6)” there shall be substituted the words “ subsection (5A) or (6) ”.

s. 7(3)

After subsection (5) there shall be inserted—

s. 8 — Parliamentary disqualification.

s. 8(1)

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the following entry shall be inserted at the appropriate place— “ The Sea Fish Licence Tribunal. ”

s. 8(2)

The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

s. 9 — Tribunals and Inquiries Act 1992.

s. 9(1)

The Tribunals and Inquiries Act 1992 shall be amended as follows.

s. 9(2)

In section 11(1) (appeals from certain tribunals) after “37” there shall be inserted “ , 40A ”.

s. 9(3)

In Schedule 1 (tribunals under the general supervision of the Council on Tribunals), in Part I, after entry No. 40 there shall be inserted—

s. 10 — Review of operation of Act.

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s. 11 — Commencement.

s. 11(1)

Sections 1(2), (4) and (5), 3 and 5 above shall not come into force until the end of the period of one month beginning with the day on which this Act is passed.

s. 11(2)

Subsection (2) of section 1 above shall not apply in relation to vessels of an overall length of 10 metres or less until such day as may be appointed by order made by the Ministers (within the meaning given by section 22(2)(a) of the Sea Fish (Conservation) Act 1967).

s. 11(3)

An order under subsection (2) above shall be made by statutory instrument; but no such order shall be made unless a draft of it has been laid before, and approved by resolution of, each House of Parliament or, in the case of a draft of an order in relation to Scotland, the Scottish Parliament.

s. 11(4)

This Act shall apply in relation to licences granted before it is passed as well as to those granted later.

s. 12 — Extent.

s. 12(1)

This Act extends to Northern Ireland.

s. 12(2)

The provisions capable of being extended to the Isle of Man and Channel Islands under section 24 of the Sea Fish (Conservation) Act 1967 shall include the amendments of that Act made by this Act.

s. 13 — Short title.

This Act may be cited as the Sea Fish (Conservation) Act 1992.