Sea Fish Industry Act 1938

4 Power of Commission to regulate marketing of white fish

(1) The Commission may make regulations—

(a) for securing that, subject to any exemption for which provision may be made by the regulations, white fish of any description or quality defined by the regulations shall not be sold, or consigned, offered or exposed for sale, unless such designation, mark or other means for indicating that the fish are of the said description or quality as may be prescribed by the regulations is used in relation to the fish, in such manner as may be so prescribed;

(b) for prohibiting, except in relation to white fish of such description or quality as may be so defined, the use, in any manner or circumstances specified in the regulations, of such designation, mark or other means as may be so prescribed for indicating that such fish are of that description or quality :

Provided that regulations under this subsection shall be of no effect if and so far as they are inconsistent with any regulations made with regard to fishery produce under section one or section two of the [18 & 19 Geo. 5 c. 19.] Agricultural Produce (Grading and Marking) Act, 1928, as amended by the [21 & 22 Geo. 5. c. 40.] Agricultural Produce (Grading and Marking) Amendment Act, 1931.

(2) With a view to improving the condition in which white fish are offered for sale, the Commission may make regulations for determining the manner in which white fish are to be graded or packed for purposes of trade.

(3) The Commission may make regulations regulating the carrying on, in Great Britain, of any of the businesses of curing, salting, drying, smoking or canning white fish—

(a) by prescribing the quality of white fish which may be used for the purpose of that business, and the manner and extent to which any process applied to white fish in the course of that business is to be so applied;

(b) by prescribing the condition in which premises, plant and utensils used for the purpose of that business are to be maintained;

(c) by making provision for securing the cleanliness and purity of the materials used in treating white fish for the said purpose.

(4) The Commission may make regulations—

(a) for regulating the holding and conduct of auctions in respect of white fish, and, in particular, for fixing or limiting the number of places at which such auctions may be separately held at any one place or set of premises at the same time;

(b) for fixing or limiting the charges that may be made by any person in respect of sales of white fish which are effected by him on behalf of another person (whether by auction or on commission or otherwise), or in respect of goods supplied, or services rendered, by him in connection with the consignment of white fish to him for sale as aforesaid;

(c) for requiring that where, in the case of any white fish consigned for sale on commission, the salesman makes a charge by way of commission or otherwise, he shall enter in a book kept by him for the purpose the names of the owner or consignor of the fish and of every purchaser, and the price paid or agreed to be paid by each purchaser, and shall, as soon as practicable after the sale, send by post or deliver to the owner or consignor an account containing the following particulars :—

(i) the actual price paid or agreed to be paid for the fish and, where there is any variation in price, the number, weight or quantity sold, or agreed to be sold, at each price,

(ii) the commission or other charge made by the salesman for selling the fish, together with details of any charges made for services in connection with the sale,

(iii) the amounts, if any, paid or payable by the salesman on behalf of the owner or consignor in connection with the sale, with details thereof, and

(iv) if any of the fish are bought by the salesman or by any person on his behalf, a statement that those fish have been so bought.

(5) Any person carrying on the business of effecting sales of white fish by auction or of selling white fish by wholesale or the business of a person who effects sales of white fish consigned to him for sale on commission shall, on demand made in that behalf by any person authorised in writing by the Commission, produce to the person so authorised, and allow him to examine, such books and other documents relating to the said business as he may reasonably require for the purpose of enabling the Commission to enforce any regulations having effect by virtue of paragraph (b) or paragraph (c), as the case may be, of the last preceding subsection and any such regulations may require persons carrying on business as aforesaid to keep, in such form as may be prescribed by or under the regulations, such books and other documents as the Commission considers necessary for the said purpose.

(6) Any regulations under subsection (2), subsection (3) or subsection (4) of this section may be made so as to relate only to a particular area or a particular description of white fish.

(7) Regulations under this section may provide, in relation to any provisions of such regulations, that a person contravening those provisions shall be liable on summary conviction to such penalties, not exceeding a fine of one hundred pounds or imprisonment for a term of three months or both, as may be specified in the regulations.

(8) With a view to securing compliance with any regulations having effect by virtue of this section, any person authorised in that behalf in writing by the Commission shall, on producing, if so required, some document showing his authority, have a right to enter and inspect, at any reasonable time, any vessel or premises which the Commission has reasonable cause to believe to be used by way of trade for any purpose connected with the marketing of white fish.

(9) Where the amount of any charge is fixed or limited by virtue of any regulations under this section, no sum shall, by way of that charge, be recoverable in excess of the amount at or to which it is so fixed or limited; and if any sum is paid by any person from whom, by virtue of this subsection, it is not recoverable, the amount of that sum shall be a debt due to that person from the person to whom the sum is paid.

(10) No regulations under this section shall be of any effect unless and until they have been confirmed by the Ministers, and the provisions of the Third Schedule to this Act shall have effect with respect to the making, confirmation and publication of such regulations.