The Fisheries (Amendment) (Northern Ireland) Order 1983

Title and commencement N.I.

1.—(1) This Order may be cited as the Fisheries (Amendment) (Northern Ireland) Order 1983.

(2) Article 5 shall come into operation on such day as the Head of the Department of Agriculture may by order appoint and the remaining provisions of this Order shall come into operation on the expiration of the period of two months from the date on which it is made.

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “the principal Act” means the [1966 c. 17 (N.I.)] Fisheries Act (Northern Ireland) 1966.

Revision of the functions of the Fisheries Conservancy Board N.I.

3.  For section 25 of the principal Act there shall be substituted the following section—

“The Fisheries Conservancy Board for Northern Ireland.

25.— (1) There shall be a body called the Fisheries Conservancy Board for Northern Ireland (in this Act referred to as “the Board”) whose functions shall, subject to the following provisions of this section, be the conservation and protection of the salmon and the inland fisheries of Northern Ireland, other than the fisheries of the Londonderry Area.

(2) The Board shall, if so directed in writing by the Head of the Department, execute such works and do such things in relation to any fisheries mentioned in subsection (1) as may be specified in the directions.

(3) Without prejudice to the generality of subsections (1) and (2), the Board may, in the exercise of their functions—

(a) take legal proceedings for the enforcement of any statutory provision with respect to salmon or inland fisheries;

(b) make to the Department such suggestions and representations as the Board think proper in relation to any matter pertaining to such fisheries, and advise the Department upon any such matter which is referred to them by the Department;

(c) act in co-operation with any other body constituted under a statutory provision for the purpose of publicising any such fisheries as a tourist attraction;

(d) apply and expend, subject to the provisions of this Act, any money paid to the Board in such manner as the Board think proper for the performance of their functions.

(4) The functions of the Board under the preceding provisions of this section shall, if the Head of the Department so directs, cease to be exercisable by the Board in relation to salmon fisheries in the sea to such extent as may be specified in the directions.

(5) The provisions of Schedule 2 shall have effect with respect to the Board.”.

Reconstitution of the Board N.I.

4.  For Schedule 2 to the principal Act there shall be substituted the Schedule set out in the Schedule to this Order.

Duty payable in respect of fishing licences N.I.

5.—(1) In section 26 of the principal Act (power of Board to make byelaws) after subsection (1) there shall be inserted the following subsections—

“(1A) The duty prescribed by byelaws under subsection (1)(i) in respect of any class of fishing licence shall be the aggregate of—

(a) an amount determined by the Department, after consultation with the Board, with a view to ensuring that the receipts of the Board in any financial year are sufficient to meet their payments;

(b) an amount specified by the Department in relation to that class of licence.

(1B) The Board shall, in respect of each licence issued by them, pay to the Department, at such time as the Department may direct, the amount specified by the Department under subsection (1A)(b) in relation to a licence of that class.” .

(2) In section 24 of the principal Act (appropriations in aid) after paragraph (d) there shall be inserted the following paragraph—

“(dd) any sum paid to the Department by the Board under section 26(1B); and” .

Repeals N.I.

6.  The following statutory provisions are hereby repealed, namely—

(a) in the principal Act—

(i) sections 34 and 35;

(ii) in section 209 the words “or of Schedule 3”; and

(iii) Schedule 3;

(b) in Schedule 2 to the [1968 c. 31 (N.I.).] Fisheries (Amendment) Act (Northern Ireland) 1968, the amendment to Schedule 2 to the principal Act.