(1)The Minister may, on the application of a [F1county or metropolitan district council] . . . F2, by order—
(a)create a sea fisheries district comprising any part of the sea within the national or territorial waters of the United Kingdom adjacent to England or Wales, either with or without any part of the adjoining coast, and
(b)define the limits of the district, and the area chargeable with any expenses under this Act, and
(c)provide for the constitution of a local fisheries committee for the regulation of the sea fisheries carried on within the district;
and the Minister may, by a subsequent order made on the like application, or made on the application of the local fisheries committee and after consultation with every [F1county or metropolitan district council] concerned, vary or revoke any order made under this section, or unite two or more districts or parts of districts into a separate sea fisheries district or dissolve any sea fisheries district that may have been created.
(2)The power to make orders under this section shall be exercisable by statutory instrument, and a draft of a statutory instrument containing any such order shall be laid before Parliament.
Textual Amendments
F1Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(2)
F2Words repealed by Local Government Act 1972 (c. 70), Sch. 30
Modifications etc. (not altering text)
C1S. 1 excluded by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 5(1) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
(1)The local fisheries committee for a sea fisheries district shall be a committee of such [F3county or metropolitan district council] . . . F4 as may be determined by the order creating the district, or a joint committee of such . . . F4[F3county or metropolitan district councils] . . . F4, as may be so determined, and shall consist of—
(a)such number of members to be appointed by the council, or by the constituent councils in such proportions as may be so determined, and
(b)such number of additional members, not exceeding the number of members required to be appointed by the council or constituent councils, as may be appointed in accordance with subsection (2) below.
(2)The additional members of a local fisheries committee shall include one person appointed by [F5the National Rivers Authority]and as to the rest shall be persons appointed by the Minister as being persons acquainted with the needs and opinions of the fishing interests of that district.
In this subsection “fishing interests” includes all persons interested in fisheries, either as owners of fisheries or interests therein, fishermen, fishing-boat owners, fish curers, fish merchants or otherwise.
[F6(3)The term of office of any person who on 1st July 1973 is, or after that date becomes, a member of a local fisheries committee shall expire not later than the end of the quadrennial period in which he took or takes office.
In this subsection “quadrennial period” means the period of four years beginning with 1st July 1973 and with every fourth anniversary of that day.]
(4)A member of a local fisheries committee who at the time of his appointment was a member of the council by whom he was appointed shall, upon ceasing to be a member of the council, also cease to be a member of the committee, but for the purpose of the foregoing provision a member of a council shall not be deemed to have ceased by reason of retirement to be a member of the council, if he has been re-elected a member thereof not later than the day of his retirement.
(5)An order constituting a local fisheries committee may contain such regulations consistent with this Act with respect to the number and mode of appointment of the members of the committee, and with respect to other matters relating to the constitution of the committee, as the Minister thinks expedient.
(6)[F7Section 106 of the M1Local Government Act 1972] (proceedings of committees and joint committees) shall, in relation to a local fisheries committee, have effect subject to the provisions of the order constituting the committee.
Textual Amendments
F3Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(3)
F4Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F5Words substituted by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 5(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F6s. 2(3) substituted by S.I. 1973/1610, art. 3
F7Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)
Marginal Citations
If a [F8county or metropolitan district council] . . . F9, to whom an application in that behalf has been made by not less than twenty persons, being persons who are . . . F10[F11inhabitants of the county or district] . . . F9, and interested in sea fisheries, refuse to apply to the Minister for an order creating a sea fisheries district or neglect to apply for such an order within six months from the date of the application, the persons who made the application may, within twelve months from the said date, apply to the Minister for such an order; and the Minister shall, unless the council in question satisfy the Minister that such an order should not be made, proceed as if the application had been made by the council.
Textual Amendments
F8Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(4)
F9Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F10Words repealed by S.I. 1990/776, arts. 2(2), 8, Sch. 3 para. 11
F11Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(4)
(1)Before making an order creating a sea fisheries district the Minister shall cause a draft of the order to be published locally in such manner as he may direct, and shall, if any objection is made to the draft order or any of the provisions thereof, cause such local inquiry to be held as may in his opinion be required.
(2)Due notice of an inquiry under this section shall be given by advertisement or otherwise, and the report of the person holding the inquiry shall, if the order to which the inquiry related is to be made, be laid before Parliament with the draft of the statutory instrument containing the order.