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Fisheries Act (Northern Ireland) 1966

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Changes over time for: Fisheries Act (Northern Ireland) 1966 (Schedules only)

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Version Superseded: 01/06/2009

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Fisheries Act (Northern Ireland) 1966 is up to date with all changes known to be in force on or before 23 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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F28App. (hovercraft), SI 1972/971

SCHEDULES

Sections 11(6), 76(4), 77(5), 84(4), 137(1)(2), 143(1)(2).

SCHEDULE 1 F1N.I.SUSPENSION AND REVOCATION OF LICENCES

F1funcions transf. by SR 2003/163

1Where the Ministry has reason to suspect that the holder of a licence has contravened any of the provisions of this Act relating to the fishery or, as the case may be, the fixed engine or fishing weir with respect to which the licence was issued, or any such provision of a byelaw or regulation, or any condition of the licence, the Ministry may, pending investigation of the suspected contravention and on giving notice in writing to the holder specifiying the suspected contravention, suspend the licence.

2When a licence is suspended under paragraph 1 the Ministry shall, within a period of twenty-eight days from the date of the suspension, either remove the suspension or revoke the licence under paragraph 3.

3The Ministry may revoke a licence where the Ministry is satisfied that the holder of the licence has contravened—

(a)any of the provisions of this Act relating to the fishery or, as the case may be, the fixed engine or fishing weir with respect to which the licence was issued, or any such provision of a byelaw or regulation; or

(b)any condition of the licence;

or has, in his application for the licence, made a statement which is false in any material particular.

4Where the Ministry proposes to revoke a licence, other than a licence suspended under paragraph 1 the Ministry shall give to the holder of the licence at least twenty-eight days' prior notice of its intention to do so and of the grounds upon which the revocation is proposed to be made; and before revoking the licence the Ministry shall consider any representations in relation thereto made by the holder before the expiration of the notice.

5Where the Ministry revokes a licence the Ministry shall send by post a notice of the revocation to the person whose licence has been revoked, and the notice shall inform that person of his right of appeal under paragraph 6, and of the time within which the appeal may be brought.

6A person whose licence has been revoked under paragraph 3 may, within twenty-eight days from the date on which a notice under paragraph 5 is served on him, appeal to the county court on the ground that there has not been any contravention or false statement such as is described in paragraph 3 or that the contravention or false statement was inadvertent or was of such a trivial or insignificant nature that the licence should not be revoked.

7The county court, in deciding an appeal brought under paragraph 6, shall state the reasons for its decision, and its decision shall be final.

8When a licence is suspended or revoked, the person who was the holder of the licence shall, within fourteen days of receiving a request for its return to the Ministry, return the licence to the Ministry together with any copies thereof issued to him by the Ministry, and if he fails to do so, he shall be guilty of an offence.

F2[9In this Schedule “contravention” , in relation to a condition of a licence, includes a failure to comply with that condition.]

[F3SCHEDULE 2N.I.THE FISHERIES CONSERVANCY BOARD FOR NORTHERN IRELAND]

N.I.Incorporation and constitution

[F41The Board shall be a body corporate to which, subject to the provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply.]

[F52(1)The Board shall consist of not more than 24 persons appointed by the Head of the Department from amongst persons appearing to him to be qualified for the office.

(2)The Head of the Department shall appoint a chairman and a deputy chairman of the Board and of the other members of the Board—

(a)four shall be persons chosen by the Head of the Department from any list of candidates not being less than six in number that may be submitted to the Head of the Department by a body or bodies for the time being recognised by the Head of the Department as representative of a substantial number of anglers;

(b)three shall be persons appointed by the Head of the Department as representatives of any companies for the time being recognised by him as substantially interested in the commercial operation of any salmon or eel fishery;

(c)three shall be persons appointed by the Head of the Department as representatives of commercial fishermen (other than the companies recognised for the purposes of head (b));

(d)three shall be persons nominated by the Ulster Farmers' Union from amongst its members, one of whom shall be a person representative of persons operating fish farms;

(e)two shall be persons appointed by the Head of the Department as representatives of anglers not represented by the body or bodies recognised for the purposes of head (a);

(f)one shall be a person nominated by the Confederation of British Industry;

(g)one shall be a person nominated by the Department of Economic Development as representative of persons engaged in the tourism industry;

(h)one shall be a person nominated by the Department of Education as representative of persons participating in sport and physical recreation;

(i)one shall be a person nominated by such organisation as appears to the Head of the Department substantially to represent district councils;

(j)one shall be an officer of the Department;

(k)not more than two shall be persons appointed by the Head of the Department as representatives of such other persons or bodies as the Board may recommend to him.

(3)Before appointing any person under head (b) of sub-paragraph (2) as representative of any companies the Head of the Department shall consult with those companies, and before appointing any person under head (c) as representative of any persons he shall consult with any body or bodies for the time being recognised by him as a representative of such persons.]

[F63(1)Subject to the following provisions of this paragraph—

(a)the chairman, the deputy chairman and the persons appointed to the Board under heads (f) to (k) of paragraph 2(2) shall hold office for such period as the Head of the Department may determine; and

(b)all other members of the Board shall hold office for a period of six years.

(2)When appointments are first made to the Board after the coming into operation of Article 4 of the Fisheries (Amendment) (Northern Ireland) Order 1983—

(a)two of the persons appointed under head (a) of paragraph 2(2);

(b)one of the persons appointed under head (c) of paragraph 2(2);

(c)one of the persons appointed under head (d) of paragraph 2(2); and

(d)one of the persons appointed under head (e) of paragraph 2(2),

shall be appointed for a period of three years; but on any subsequent appointment to the Board under any of those heads the persons appointed shall hold office in accordance with sub-paragraph (1)(b).

(3)A person shall cease to be a member of the Board if—

(a)by notice in writing to the Head of the Department he resigns;

(b)he is on more than three consecutive occasions absent without permission of the chairman from meetings of the Board; or

(c)the Head of the Department, by notice in writing, removes him from office.

(4)A person shall, on ceasing to be a member, be eligible for reappointment.

(5)If a member of the Board dies or ceases to be a member before the expiration of the term for which he was appointed, the term of his successor shall be so fixed as to expire at the end of the first-mentioned term, but the Head of the Department may, if he thinks fit, defer the making of an appointment until the expiration of the first-mentioned term.]

[F74The quorum of the Board and the procedure at meetings of the Board shall be such as the Board may determine.]

[F85The Board may act notwithstanding any vacancy among their members.]

[F96No defect in the appointment of any person acting as a chairman, deputy chairman or other member of the Board shall vitiate any proceedings of the Board in which he has taken part.]

N.I.Executive committee of the Board

[F107(1)The Board shall establish an executive committee consisting of not less than three or more than six members of the Board, one of whom shall be the chairman or deputy chairman.

(2)The executive committee shall be responsible to the Board for—

(a)monitoring, and reporting to the Board on, the implementation of the policies of the Board by their officers and servants;

(b)financial matters; and

(c)such other matters as may be delegated to the committee by the Board.

(3)Paragraphs 4, 5 and 6 shall apply to the executive committee as they apply to the Board.]

N.I.Remuneration

[F118(1)There shall be paid to the chairman and the deputy chairman of the Board such remuneration and such allowances as the Department, with the approval of the Department of Finance and Personnel, may determine.

(2)No remuneration shall be paid to any other member of the Board, but there shall be paid to any other member such allowances as the Board, with the approval of the Department, may determine.]

N.I.Power to amend certain provisions of this Schedule

[F129The Department may by order made subject to affirmative resolution—

(a)amend paragraph 2 so as to alter the constitution of the Board;

(b)amend paragraph 3(1) so as to alter the period for which certain members of the Board are to hold office;

(c)amend paragraph 7(1) and (2) so as to alter the constitution and responsibilities of the executive committee.]

N.I.Officers and servants

[F1310(1)The Board—

(a)shall, with the approval of the Department, appoint a Chief Executive (who, unless the Board otherwise direct shall act as secretary of the Board);

(b)shall appoint such inspectors and other officers as the Department may direct, and shall appoint to any office under the Board (other than the office of water bailiff) such persons as the Board, with the approval of the Department, may determine; and

(c)may appoint such water bailiffs and such servants as the Board think fit.

(2)Subject to any authorisation in writing given by the Department to the Board, any determination of the Board with respect to the remuneration or conditions of service of any person employed by the Board shall be subject to the approval of the Department.

(3)A person, other than an employee of the Foyle Fisheries Commission, who is for the time being in the employment of the owner or occupier of a several fishery shall be disqualified for being appointed to or holding any office under the Board.

(4)No member of the Board shall hold any employment or office of profit under the Board.]

[F1411The Board shall, in accordance with any reasonable requirements communicated to them by the Department make available to the Department the services of the Board's officers for the protection of the fishery of any waters the fishing rights in respect of which are owned by, or which are under the control of, the Department, on such terms as may be agreed upon between the Board and the Department.]

N.I.Superannuation

[F1512(1)The Board, with the approval of the Department and the Department of Finance and Personnel, may make arrangements to secure the provision of superannuation or other benefits for or in respect of persons employed by the Board in a whole-time capacity and such arrangements shall provide for the payment of contributions by the Board and by the persons for or in respect of whom the benefits are provided.

(2)Arrangements made under sub-paragraph (1) may provide for the contributions to be paid to and the benefits to be paid by a body other than the Board.]

N.I.The seal

[F1613The application of the seal of the Board shall be authenticated by the signature of the chairman or deputy chairman of the Board and of the officer of the Board for the time being acting as secretary of the Board or some other officer of the Board authorised by them to act for that purpose.]

N.I.Execution of contracts and instruments not under seal

[F1714Any contract or instrument which, if entered into or executed by an individual, would not require to be[F18 executed as a deed] may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board to act for that purpose.]

N.I.

Schedule 3 rep. by 1983 NI 21

N.I.

Schedule 4 rep. by 1968 c.31 (NI)

Section 170(1).

SCHEDULE 5N.I.FORM OF APPOINTMENT OF PRIVATE WATER BAILIFF

I, A.B. ( or we, A.B. and C.D., as the case may be) of

( name the place or places of residence).

do hereby appoint E.F., of

( name the place of his residence),

a private water bailiff to protect the fishery of

( name the fishery, lake, river, [F19 sea coast or shell-fish fishery or fisheries], as the case may be), pursuant to the Fisheries Act (Northern Ireland) 1966; and the said E.F., of

( name the place of his residence),

is hereby authorised to do all lawful acts as such private water bailiff according to the provisions of the said Act.

Dated this day of 19 .

   (Signed) A.B.

To all whom it may concern.

I, the undersigned Resident Magistrate do hereby confirm the above appointment.

Dated this day of 19 .

 (Signed)  

[F20This appointment expires on the [ ] day of [ ]]

Section 170A(1) and (2).

[F21SCHEDULE 5AN.I.RENEWAL OF APPOINTMENTS OF PRIVATE WATER BAILIFFS

[F221Where any person (in this Schedule referred to as "the applicant") intends to renew the appointment of a private water bailiff, he shall, not less than 6 weeks before the date on which the appointment is to cease to have effect, serve a notice, in such form and containing such particulars as may be prescribed by regulations, on—

(a)the clerk of petty sessions,

(b)the Department, and

(c)the Board.]

[F232Where the Department or the Board objects to the renewal of the appointment of a private water bailiff, it shall, within 21 days of receiving a notice under paragraph 1, notify the applicant and the clerk of petty sessions of its objection and of the grounds thereof.]

[F243Where, within the time specified in paragraph 2, the clerk of petty sessions has received no notice of an objection under that paragraph, he shall confirm the appointment and endorse the instrument of appointment to that effect.]

[F254(1)Where the Department or the Board notifies (or both notify) the applicant that there is an objection to the renewal of the appointment, the applicant may apply to the court for confirmation of the renewal of the appointment.

(2)Subsections (3) and (4) of section 170 shall apply to an application to the court under sub-paragraph (1) in the same manner as they apply to an application under subsection (2) of that section.]

[F265In this Schedule—

  • “the applicant” has the meaning given in paragraph 1;

  • “the court” means a court of summary jurisdiction sitting for the petty sessions district (or any such district where there is more than one) within which the private water bailiff is appointed to act and "clerk of petty sessions" shall be construed accordingly.]]

Sections 182, 183.

SCHEDULE 6N.I.PROVISIONS TO WHICH SECTIONS 182(b) AND 183(b) APPLY

Section
[F27 20(3), (4)Inspection of fish farm or shell-fish fishery.]
54(5)Provision of fish passes in dams.
55(2)Removal of obstacle or contrivance from fish pass.
81(4)Provision or restoration of free gap in a fishing weir.
83(3)Removal of obstruction from free gap in a fishing weir.
85(3)Removal from salmon weir of parts of boxes which are constructed in contravention of section 85(1).
86(3)( b)Alteration or removal of guiding wall.
92(6)Removal of moveable parts of salmon weir during annual close season.

N.I.

Schedule 7 ‐ Amendments

N.I.

Schedule 8 ‐ Repeals

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