Fisheries Act 1981

Section 13(2).

SCHEDULE 3 White Fish Authority and Herring Industry Board : Consequential Provisions

General

1 On the date of the coming into force of section 13(1) of this Act (" the transfer date ") all rights, obligations and property of the White Fish Authority and the Herring Industry Board (" the existing bodies") shall become rights, obligations and property of the Authority.

Staff and pensions

2 The rights and obligations transferred by paragraph 1 above include rights and obligations under contracts of employment with the officers and servants of the existing bodies ; and in determining for the purposes of pension or redundancy the length of service of any person who by virtue of that paragraph becomes an officer or servant of the Authority his service with either of the existing bodies shall be treated as if it had been service with the Authority.

3 (1) Any pension scheme maintained by either of the existing bodies immediately before the transfer date shall on and after that date be treated as a scheme established by the Authority under paragraph 11 of Schedule 1 to this Act.

(2) The Ministers may, with the approval of the Minister for the Civil Service, pay pensions, superannuation allowances or gratuities to or in respect of former members of either of the existing bodies.

Schemes of financial assistance

4 (1) Any scheme in force immediately before the transfer date under section 44 or 45 of the [1970 c. 11.] Sea Fish Industry Act 1970 shall on and after that date have effect as if it were a scheme made under Part II of this Act which the Ministers have required the Authority to administer under section 16(1) of this Act.

(2) The Authority shall in accordance with section 16(2) of this Act discharge the functions exercisable under any such scheme by either of the existing bodies.

(3) Where by virtue of any such scheme or of any scheme previously in force under the said section 44 or 45 (or any enactment replaced by either of those sections) any sum would, apart from this Act, be payable on or after the transfer date by or to either of the existing bodies it shall instead be payable by or to the Authority.

Levies

5 (1) The provisions of—

(a) any regulations in force immediately before the transfer date under section 6 or 17 of the said Act of 1970 imposing a levy payable to the White Fish Authority;

(b) so much of any scheme then in force under section 31 of that Act as relates to the imposition of a levy by the Herring Industry Board ; and

(c) so much of any direction then in force under section 55 of that Act as relates to the treatment for levy purposes of any substance or article capable of being produced wholly or partly from either white fish or herring or both,

shall on or after that date have effect as if contained in regulations made and confirmed under section 4 of this Act and references to the Authority shall be substituted for any reference in those provisions to either of the existing bodies.

(2) Any sums on account of levy under any regulations or schemes that have ceased to be in force before the transfer date and which, apart from this Act, would be payable to either of the existing bodies shall be payable to the Authority.

Lending limit

6 For the purposes of subsection (2) of section 7 of this Act sums lent by the Ministers or any of them to either of the existing bodies shall be treated as lent to the Authority under that section.

Accounts

7 The Authority shall on behalf of each of the existing bodies prepare a statement of accounts in respect of any time intervening between the end of the period dealt with by the last audited accounts of that body and the transfer date; and that statement shall be audited and reported on as in the case of the statement of accounts prepared by the Authority under section 11 of this Act.

Other statutory functions

8 (1) As from the transfer date the functions of the White Fish Authority and the Herring Industry Board under—

(a) section 31(12) of the [1964 c. 40.] Harbours Act 1964 (consultation on objections to ship, passenger and goods dues); and

(b) rule 124 of the [S.I. 1975/330.] Fishing Vessels (Safety Provisions) Rules 1975 (appointment of inspectors and surveyors),

are transferred to the Authority, and those enactments are amended as follows.

(2) In section 31(12)—

(a) for "the White Fish Authority or the Herring Industry Board " there is substituted " the Sea Fish Industry Authority "; and

(b) for " the Authority or as the case may be the Board " there is subsituted " the Authority ".

(3) In rule 124—

(a) for " the Sea Fish Industry Act 1970 " there is substituted " the Fisheries Act 1981 " ; and

(b) for " the White Fish Authority or the Herring Industry Board " in the first place where those words occur, there is substituted " the Sea Fish Industry Authority " and in the second place where they occur, there is substituted " or the Sea Fish Industry Authority ".

(4) Anything which when this paragraph comes into force is in process of being done under section 31(12) by or in relation to the White Fish Authority or the Herring Industry Board may be continued by or in relation to the Authority; and any appointment under rule 124 made by either of those bodies before this paragraph comes into force shall have effect as if made by the Authority so far as is necessary for continuing its effect.