Sea Fish Industry Act 1938

PART VI Supplementary Provisions

60 Offences by corporations

Where any offence under Part I or Part V of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

61 Application to Scotland

(1) Section three of the [24 & 25 Geo. 5. c. 18.] Illegal Trawling (Scotland) Act, 1934, shall have effect as if the reference in that section to section five of that Act included a reference to the Sea-Fishing Industry Act, 1933, as amended by Part II of this Act.

(2) Section fifty-eight of this Act and section thirty-seven of the Sea Fisheries Act, 1868, as amended by the said section fifty-eight, shall, in their application to Scotland, have effect as if for any reference in those sections to the Minister of Agriculture and Fisheries there were substituted a reference to the Secretary of State.

(3) Subsection (3) of section twenty-two of this Act shall, in its application to Scotland, have effect as if the word " summarily " were omitted.

62 Interpretation

(1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say :—

• " fishing-boat " means (except for the purposes of Part IV of this Act) a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea-fishing or in the sea-fishing service;

• " local fisheries committee " means a local fisheries committee constituted by an order under section one of the Sea Fisheries Regulation Act, 1888;

• " production," in relation to white fish, means the catching and first landing of white fish;

• " the appropriate Minister " means—

  (a)

  in relation to a co-operative scheme applicable to an area wholly in England, the Minister of Agriculture and Fisheries;

  (b)

  in relation to a co-operative scheme applicable to an area wholly in Scotland, the Secretary of State concerned with the sea-fishing industry of Scotland, or

  (c)

  in relation to a co-operative scheme applicable to an area partly in England and partly in Scotland, the Minister of Agriculture and Fisheries and the Secretary of State concerned with the sea-fishing industry of Scotland;

• " the board, " in relation to a marketing scheme, means the board constituted to administer the scheme;

• " the Gazettes " means the London Gazette and the Edinburgh Gazette;

• " the Ministers " means the Minister of Agriculture and Fisheries and the Secretary of State concerned with the sea-fishing industry of Scotland;

• " white fish " means fish of any kind found in the sea, other than—

  (a)

  herring,

  (b)

  fish of the salmon species, or

  (c)

  trout which migrate to and from the sea,

  and includes shell-fish; and references to white fish shall be construed as including references to parts of white fish.

(2) Any reference in an Act passed before this Act to an enactment which is amended by this Act shall, unless the contrary intention appears, be construed as including a reference to that enactment as so amended.

63 Short title and extent

(1) This Act may be cited as the Sea Fish Industry Act, 1938.

(2) Subject to any special provisions contained in this Act, this Act extends to the whole of the United Kingdom.