Sea Fisheries (Shellfish) Act 1967

Supplemental E+W+S

19 Jurisdiction to try certain offences and applications of certain fines. S

(1) For the purposes of and incidental to the jurisdiction of any magistrates’ court, or, in Scotland, of the sheriff, any offence under section 16 or 17 of this Act shall be deemed to have been committed either in the place in which it was actually committed or in any place in which the offender may for the time being be found.

(2) Any offence under any of the provisions of this Act mentioned in subsection (4) of this section committed in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M1 [F1 Criminal Procedure (Scotland) Act 1975] having jurisdiction in the place where the offence was committed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) The provisions of this Act referred to in subsections (2) and (3) of this section are sections 3(3) and 7(4) and paragraph 4(5) of Schedule 1.

Textual Amendments

F1 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F2 S. 19(3) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Marginal Citations

M1 1975 c. 21.

20 Orders and regulations. E+W+S

(1) Any power to make orders or regulations under this Act shall be exercisable by statutory instrument.

(2) Any instrument containing an order under section 1 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. F3 [or, in the case of an order in relation to Scotland, the Scottish Parliament]

(3) Any instrument containing an order under section 17(3) of this Act [F4 shall—

(a) in the case of an order in relation to England, be laid before Parliament;

(b) in the case of an order in relation to Wales, be laid before the National Assembly for Wales;

(c) in the case of an order in relation to Scotland, be laid before the Scottish Parliament.]

Textual Amendments

F3 Words in s. 20(2)(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(9); S.I. 1998/3178, art. 3

F4 Words in s. 20(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 213(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

21 Financial provisions. E+W+S

(1) There shall be paid out of moneys provided by Parliament any expenditure incurred by the Minister or the Secretary of State under this Act.

(2) There shall be paid into the Exchequer any receipts of the Minister or the Secretary of State in pursuance of section 12(6) of this Act or paragraph 8 of Schedule 1 thereto and any sums received by the Minister or the Secretary of State by way of interest on, or repayment of, loans under section 9 of this Act.

22 Interpretation. E+W+S

(1) In this Act “the Minister” means the Minister of Agriculture, Fisheries and Food and “the appropriate Minister”, in relation to England and Wales, means the Minister and, in relation to Scotland, means the [F5 Scottish Ministers].

(2) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

“land” includes land covered by water;

[F6 “ master ” includes, in relation to any sea fishing boat, the person for the time being in command or charge of the boat; ]

[F7 “the Scottish zone” has the same meaning as in the Scotland Act 1998.]

• “sea fish” means fish of any description found in the sea, other than fish of the salmon species, and includes shellfish;

• “sea fishing boat” means a vessel of whatever size, and in whatever way propelled, which is used by any person in fishing for sea fish;

• [F8 “ Scottish fishing boat ” means a fishing vessel registered in the register maintained under section 8 of the Merchant Shipping Act 1995 (c. 21) whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging; ]

• “shellfish” includes crustaceans and molluscs of any kind, and includes any part of a shellfish and any (or any part of any) brood, ware, half-ware or spat of shellfish, and any spawn of shellfish, and the shell, or any part of the shell, of a shellfish, and references in this Act to shellfish of any particular description shall be construed accordingly;

• “shellfish bed” means any bed or ground in which shellfish are usually found or which is used for the propagation or cultivation of shellfish.

Textual Amendments

F5 Words in s. 22(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(10)(a); S.I. 1998/3178, art. 3

F6 Words in s. 22(2) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 206(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 (with art. 3(2)) and said amendment extended to S. (24.2.2011) by Marine (Scotland) act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

F7 Definition in s. 22(2) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(10)(b); S.I. 1998/3178, art. 3

F8 Words in s. 22 inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(2), 104(1); S.S.I. 2006/432, art. 2(f)

Modifications etc. (not altering text)

C1 Certain functions of Minister of Agriculture, Fisheries and Food now exercisable (W.) by Secretary of State, or Minister and Secretary of State jointly: S.I. 1969/388, art. 3, Sch. 2 Pt. II and 1978/272, art. 2, Sch. 1

23 Isle of Man and Channel Islands. E+W+S

(1) Sections 16, 17, 18 and 19(1) of this Act shall extend to the Isle of Man and the Channel Islands, and shall have effect in those Islands subject to such adaptations and modifications as Her Majesty may by Order in Council specify.

(2) Any Order in Council made under subsection (1) of this section may be varied or revoked by a subsequent Order in Council so made.

24 Consequential amendments, repeals and transitional provisions. E+W+S

(1) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified therein, being amendments consequential on the provisions of this Act.

(2) Any Order in Council made under subsection (1) of this section may be varied or revoked by a subsequent Order in Council so made.

(3) In so far as any order, regulation or licence made or granted under any enactment repealed by this Act, or any other thing done under any such enactment, could have been made, granted or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by this section but shall have effect as if made, granted or done under that corresponding provision.

(4) Without prejudice to subsection (3) of this section, any reference in this Act to a thing done under any provision of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done under the corresponding provision of the enactments repealed by this Act.

(5) Where any Act or any document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be contrued as a reference to the corresponding provision of this Act.

(6) For the purpose of determining the punishment (by fine, imprisonment or both) which may be imposed on a person in respect of an offence under any provision of this Act, an offence committed by that person under the corresponding enactment repealed by this Act shall be deemed to have been committed under that provision.

(7) Nothing in this section shall be taken as prejudicing the operation of section 38 of the M2 Interpretation Act 1889 (which relates to the effect of repeals).

Modifications etc. (not altering text)

C2 The text of S. 24(1)(2), Schs. 2 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force, and, except as specified, does not reflect any repeals or amendments which may have been made prior to 1.2.1991

Marginal Citations

M2 1889 c. 63.

[F9 24A Crown application: Scotland E+W+S

(1) Section 4CA binds the Crown and applies in relation to Crown land as it applies in relation to other land.

(2) Nothing in that section is to be taken as in any way affecting Her Majesty in Her private capacity.

(3) No contravention by the Crown of section 4D(2) in respect of a failure to comply with a requirement under a power conferred by section 4CA makes the Crown criminally liable.

(4) But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(5) For the purposes of subsection (1), “ Crown land ” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown,

(b) belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

(6) In subsection (5), “ an office-holder in the Scottish Administration ” is to be construed in accordance with section 126(7)(a) of the Scotland Act 1998. ]

Textual Amendments

F9 S. 24A inserted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(5), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

25 Citation, commencement and extent. E+W+S

(1) This Act may be cited as the Sea Fisheries (Shellfish) Act 1967 and shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

(2) This Act shall not extend to Northern Ireland.