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Sea Fisheries Act 1968

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Sea Fisheries Act 1968

1968 CHAPTER 77

An Act to make further provision with respect to the subsidies payable to, and the levies which may be imposed on, the white fish and herring industries, to make further provision for the regulation of sea fishing, to amend the Sea Fisheries (Shell fish) Act 1967 and the Sea Fish (Conservation) Act 1967, to make provision with respect to fishing boats and gear lost or abandoned at sea, to remove anomalies in certain enactments relating to sea fisheries and the white fish and herring industries and to repeal other such enactments which are obsolete or unnecessary; and for connected purposes.

[18th December 1968]

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Modifications etc. (not altering text)

C1Act extended by S.I. 1988/1926, reg. 32

C2By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

Regulation of sea fishing operationsE+W+S+N.I.

5Regulation of conduct of fishing operations. E+W

(1)The Ministers may, [F2whenever it appears to them necessary or expedient], by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.

(2)The provisions of any order under subsection (1) above shall, except as provided by the order, apply—

(a)to all [F3relevant]British fishing boats, and things done by such boats and their crews, [F4wherever they may be], and

[F5(b)to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits]

(3)The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter [F6relevant][F7British fishery limits] for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.

(4)Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction [F8to [F9the statutory amount]][F10or on conviction on indictment to a fine].

(5)The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.

[F11(6)This section has effect in relation to Scotland with the following modifications–

(a)in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;

(b)in subsection (2)(b)–

(i)for “Scottish” there is substituted “relevant British”; and

(ii)for “relevant British fishery limits” there is substituted “the Scottish zone”; and

(c)in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Amendments (Textual)

Modifications etc. (not altering text)

C3Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

C4S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3

5Regulation of conduct of fishing operations. S+N.I.

(1)The Ministers may, [F58whenever it appears to them necessary or expedient], by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.

(2)The provisions of any order under subsection (1) above shall, except as provided by the order, apply—

(a)to all [F59relevant] British fishing boats, and things done by such boats and their crews, [F60wherever they may be], and

[F61(b)to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits]

(3)The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter [F62relevant][F63British fishery limits] for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.

(4)Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction [F64to a fine not exceeding £1,000][F65or on conviction on indictment to a fine].

(5)The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.

[F66(6)This section has effect in relation to Scotland with the following modifications–

(a)in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;

(b)in subsection (2)(b)–

(i)for “Scottish” there is substituted “relevant British”; and

(ii)for “relevant British fishery limits” there is substituted “the Scottish zone”; and

(c)in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.]

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Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Amendments (Textual)

Modifications etc. (not altering text)

C17Functions exercisable jointly by Ministers under s. 5 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

C18S. 5: certain functions made excercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), art. 3(3), Sch. 3 paras. 2, 3

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S+N.I.

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Amendments (Textual)

7 Sea-fishery officers. E+W+S+N.I.

(1)The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—

(a)officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;

(b)commissioned officers of any of Her Majesty’s ships;

(c)persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

(d)officers of the fishery protection service of the Secretary of State [F13or of the Scottish Ministers] holding the rank of commander, first officer or second officer;

(e),(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(g)other persons appointed as British sea-fishery officers by one of the appropriate Ministers.

(2)The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.

(3)An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—

(a)to particular matters;

(b)to a particular area;

(c)to a particular order or class of orders.

(4)In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.

(5)In this section “the appropriate Minister” means—

(a)in relation to England and Wales, the Minister of Agriculture, Fisheries and Food;

(b)in relation to Scotland, the [F15Scottish Ministers]; and

(c)in relation to Northern Ireland, the [F16Department] of Agriculture for Northern Ireland.

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Amendments (Textual)

Modifications etc. (not altering text)

C5Functions exercisable jointly by Ministers under s. 7 now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

C6Certain functions of Minister of Agriculture, Fisheries and Food under s. 7 now exercisable (W.) by Secretary of State, or by Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1

8 General powers of British sea-fishery officers.E+W+S+N.I.

(1)For the purpose of enforcing the provisions of any order under section 5 above or of [F17section 2 of the M1Fishery Limits Act 1976] or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within [F18British fishery limits] and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.

(2)He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3)He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,—

(a)may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and

[F19(b)may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

(c)for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;

(d)where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.]

[F20(4)Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 2 of the Fishery Limits Act 1976 or any order thereunder has at any time taken place within British fishery limits, he may—

(a)require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b)detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.]

(5)If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within [F18British fishery limits], he may require the boat to move away or to move in a direction or to a position specified by him.

(6)For the purpose of enforcing the collision regulations made under section [F21 85 of the Merchant Shipping Act 1995], so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within [F18British fishery limits] and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section [F21257 of the Merchant Shipping Act 1995 (powers to require production of ships documents)], whether or not he is mentioned in that [F21section], and also the powers conferred by the foregoing provisions of this section, and section [F21 257] of that Act so far as it relates to the former powers shall apply accordingly.

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Amendments (Textual)

F17Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(d)

F19S. 8(3)(b)–(d) and following paragraph substituted for S. 8(3)(b) by Fisheries Act 1981 (c. 29, SIF 52:1), s. 26(2)

F21Words in s. 8(6) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(a) (with s. 312(1))

Modifications etc. (not altering text)

C7S. 8 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 8 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch. 1

S. 8 applied (1.1.1996) by 1995 c. 21, ss. 15(9), 316(2) (with s. 312(1))

S. 8 applied (1.1.1996) by 1868 c. 45, s. 26 (as substituted by 1995 c. 21 ss. 314(2), 316(2), Sch. 13 para. 2) (with s. 312(1))

Marginal Citations

9 Powers of sea-fishery officers to enforce conventions. E+W+S+N.I.

(1)For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside [F22British fishery limits] the powers conferred by section 8(2) and (3) above.

(2)Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.

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Amendments (Textual)

Modifications etc. (not altering text)

10 Miscellaneous provisions as to sea-fishery officers.E+W+S+N.I.

[F23(1)A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.]

(2)Any person who on any fishing boat within [F24British fishery limits], or on a British fishing boat anywhere outside those limits,—

(a)fails [F25without reasonable excuse] to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;

(b)prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or

(c)assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or [F26wilfully obstructs] any such officer in the exercise of any of those powers;

shall be guilty of an offence.

[F27(2A)Any person who on any vessel within British fishery limits—

(a)fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;

(b)prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or

(c)assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;

shall be guilty of an offence.]

(3)Subsection (2) above shall apply in relation to things done on a British fishing boat anywhere within the convention area outside [F24British fishery limits] by or in relation to a foreign sea-fishery officer who is exercising powers to enforce the provisions of the convention relating to that area as it applies in relation to things done on any fishing boat within those limits by or in relation to a British sea-fishery officer.

(4)A person guilty of an offence under this section shall be liable [F28on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine.]

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Amendments (Textual)

Modifications etc. (not altering text)

11 Evidence.E+W+S+N.I.

(1)In any civil or criminal proceedings a written statement purporting to be a report made by a British or foreign sea-fishery officer on matters ascertained in the course of exercising his powers under section 9 above for the purpose of enforcing the provisions of any convention mentioned in that section shall be admissible as evidence to the like extent as oral evidence to the like effect by that officer.

(2)Subsection (1) above shall be taken to be in addition to, and not to derogate from, the provisions of any other enactment relating to the reception or admissibility of documentary evidence.

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Modifications etc. (not altering text)

12 Recovery of fines imposed on master, etc., or crew.E+W+S+N.I.

(1)Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act [F29or section 2 of the M2Fishery Limits Act 1976], the court may—

(a)issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and

(b)if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.

(2)Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act [F29or section 2 of the Fishery Limits Act 1976], the sheriff may—

(a)issue a warrant for the [F30poinding][F30arrestment] and sale of the boat and its gear and catch and any property of the person convicted; and

(b)if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.

(3)[F31Sections 77(1) and 78 of the Magistrates’ Courts Act 1980] (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this section in England and Wales as they apply to a warrant of distress issued under Part III of that Act.

(4)[F32Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981] (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in [F32that paragraph].

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Amendments (Textual)

F29Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(d)

F30Word “arrestment” substituted for “poinding” (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 108(1)(2), Sch. 6 para. 13, Sch. 7 paras. 5, 9(1)

Modifications etc. (not altering text)

C12Ss. 11, 12 applied by Merchant Shipping Act 1988 (c.12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 12 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 12 applied (1.1.1996) by 1995 c. 21 ss. 15(9), 316(2) (with s. 312(1))

Marginal Citations

13 Compensation for damage caused by offence.E+W+S+N.I.

F33[(1)Where on convicting a person of an offence under section 5 or 10 of this Act it appears to a court in England and Wales or Northern Ireland that personal injury or damage to property has been caused by the offence, the court may by the conviction adjudge the person convicted to pay, in addition to any fine, a reasonable sum, not exceeding £400, as compensation for the injury or damage, and the sum when recovered shall be paid to the person who has suffered the injury or damage.]

(2)Where a person is to be brought to trial before a sheriff in Scotland for an offence under section 5 or 10 of this Act [F34or section 2 of the M3Fishery Limits Act 1976]

(a)any person who considers that personal injury to him or damage to his property has been caused by the offence may, at any time before the commencement of the trial, give notice in writing to the accused person and the sheriff clerk that at the trial of the offence the sheriff shall be called upon to make an award of compensation in respect of that injury or damage;

(b)if notice has been given as aforesaid and the accused is convicted of the offence the sheriff shall thereupon dispose of the question of compensation, but shall not order payment of a sum by way of compensation exceeding [F35level 5 on the standard scale]

(c)any evidence led at the trial shall be admissible as evidence in the disposal of the question of compensation, and if the compensation claimed is in respect of damage to property and a report of a British sea-fishery officer relating to the damage is produced as evidence, that report shall, unless the sheriff considers that it is necessary in the interests of justice to allow additional evidence, be sufficient evidence for the disposal of the question of compensation; and

(d)in disposing of the question of compensation the sheriff may, subject to paragraph (b) above, give decree as in any ordinary action brought before him.

(3)Section 12 of this Act shall apply in relation to compensation [F36adjudged or] ordered to be paid under this section by the master, owner, or charterer or a member of the crew of a fishing boat as it applies in relation to a fine imposed by a [F36magistrates’ court or] sheriff on such a person.

(4)The provisions of this section shall not be taken to derogate from any right of a person who has suffered personal injury or damage to property in consequence of an offence under section 5 or 10 of this Act [F34or section 2 of the M4Fishery Limits Act 1976] to recover damages in respect of the injury or damage in civil proceedings.

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Amendments (Textual)

F34Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(d)

F35Words in s. 13(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 paras. 7, 99 (with Sch. 3 para. 6)

F36Words repealed (E.W.)(S.) by Fishery Limits Act 1976 (c. 86), Sch. 4

Marginal Citations

14 Jurisdiction to try offences.E+W+S+N.I.

Proceedings for an offence under section 5 or 10 of this Act [F37or section 2 of the M5Fishery Limits Act 1976] may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

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Amendments (Textual)

F37Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(d)

Modifications etc. (not altering text)

C13S. 14 applied by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 25(3), 58(4), Sch. 8 para. 1

S. 14 applied (21.3.1994) by 1993 c. 22, s. 5(9); S.I. 1993/3137, art. 3(1), Sch.1

S. 14 applied (1.1.1996) by 1995 c. 21 ss. 15(9), 316(2) (with s. 312(1))

Marginal Citations

MiscellaneousE+W+S+N.I.

15 Amendments of Sea Fisheries (Shellfish) Act 1967.E+W+S+N.I.

(1)The M6Sea Fisheries (Shellfish) Act 1967 shall be amended in accordance with, and have effect subject to, the following provisions of this section.

X1(2)In section 1(1) (orders as to fisheries for oysters, mussels and cockles) for the words “and cockles” there shall be substituted the words “cockles, clams and any other molluscs of a kind specified in regulations made by the appropriate Minister”.

(3)The power to make an order under that section conferring on the grantees a right of regulating a fishery for any specified description of shellfish shall be construed as including a power to enable them with the consent of the appropriate Minister to impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of shellfish of that description within the limits of the regulated fishery.

(4)An order under that section which imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of a fishery shall be construed as conferring on the grantees of the fishery power with the consent of the appropriate Minister to vary the tolls or royalties so imposed.

(5)In subsections (3) and (4) above “the appropriate Minister” has the same meaning as in the Sea Fisheries (Shellfish) Act 1967.

(6)Anything purporting to be done at any time before the passing of this Act under or by virtue of section 1 or 3 of the M7Sea Fisheries (Shellfish) Act 1967 or any enactment thereby re-enacted which could have been done by virtue of subsection (3) or (4) above if that subsection had been in force at that time shall be treated as if it had been done by virtue of that subsection.

X1(7)In paragraph 4(6) of Schedule 1 (notice of inquiry in connection with making of an order under section 1) for the words “fourteen days’” there shall be substituted the words “twenty-eight days’”.

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Editorial Information

X1The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S+N.I.

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Amendments (Textual)

17 Fishing boats and gear lost or abandoned at sea.E+W+S+N.I.

Without prejudice to section [F39236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver)], fishing boats or fishing gear lost or abandoned at sea and either—

(a)found or taken possession of within the territorial waters of the United Kingdom; or

(b)found or taken possession of beyond those waters and brought within those waters;

shall be treated as wreck for the purposes of Part IX of the [F39Merchant Shipping Act 1995].

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Amendments (Textual)

F39Words in s. 17 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(b) (with s. 312(1))

SupplementalE+W+S+N.I.

18 Orders.E+W+S+N.I.

(1)Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.

(2)A statutory instrument containing an order made by the Ministers under any provision of this Act, . . . F40 shall be laid before Parliament [F41or, in the case of an order in relation to Scotland, the Scottish Parliament].

(3)Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.

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Amendments (Textual)

F41Words in s. 18(2) inserted (1.7.1999) by S.I, 1999/1820, art. 4, Sch. 2 Pt. I para. 48(4); S.I. 1998/3178

Modifications etc. (not altering text)

19 Interpretation.E+W+S+N.I.

(1)In this Act, except so far as the context otherwise requires,—

  • [F42British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;]

  • convention” includes an agreement or other arrangement;

  • convention area” means, in relation to any international convention, the area to which the convention relates;

  • enactment” includes an enactment of the Parliament of Northern Ireland;

  • fish” includes shellfish, and cognate expressions shall be construed accordingly;

  • fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;

  • [F43foreign fishing boat” means any fishing boat other than a [F44relevant] British fishing boat [or a Scottish fishing boat;]]

  • foreign sea-fishery officer” has the meaning assigned to it by section 7 of this Act;

  • master” includes, in relation to any fishing boat, the person for the time being in command or charge of the boat;

  • the Ministers” means [F45, in relation to England, Wales and Northern Ireland;] the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland [F45and, in relation to Scotland, the Scottish Ministers];

  • [F46“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat]

  • [F46“relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone]

  • [F46“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging]

  • [F46“the Scottish zone” has the same meaning as in the Scotland Act 1998]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

  • Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, [F48including any Act of the Scottish Parliament and any subordinate legislation made under such an Act, and] including any enactment relating to fishing for shellfish, salmon or migratory trout.

  • [F43wholly British-owned” means wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995;]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(3)Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.

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Amendments (Textual)

F42Definition in s. 19(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(i) (with s. 312(2))

F43Definitions in s. 19(1) inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 43(c)(ii) (with s. 312(1))

F46Definitions in s. 19(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 48(5)(a); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C16Reference to enactment of Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W+S+N.I.

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Amendments (Textual)

21 Isle of Man and Channel Islands.E+W+S+N.I.

(1)Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—

(a)shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order to the Isle of Man or any of the Channel Islands; and

(b)shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.

(2)An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.

22 Minor and consequential amendments and repeals, and savings.E+W+S+N.I.

X2(1)The enactments specified in Schedule 1 of this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this act.

X2(2)The enactments specified in Schedule 2 to this Act(which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

(3 ),(4) . . .F51

(5)The amendment by Schedule 1 to this Act of section 15 of the M8Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.

F52(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Editorial Information

X2The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Amendments (Textual)

F52S. 22(6) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 2

Marginal Citations

23 Short title and commencement.E+W+S+N.I.

(1)This Act may be cited as the Sea Fisheries Act 1968.

(2)Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.

(3)Any order under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

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Subordinate Legislation Made

P1Power of appointment conferred by s. 23(2) partly exercised: S.I. 1969/1551

Schedules

Section 22(1)

SCHEDULE 1E+W+S+N.I. MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 E+W+S+N.I. AMENDMENTS COMING INTO FORCE ON PASSING OF ACT

1—22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W+S+N.I.

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Amendments (Textual)

PART II E+W+S+N.I. AMENDMENTS COMING INTO FORCE ON APPOINTED DAY

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W+S+N.I.

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Amendments (Textual)

The Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)E+W+S+N.I.

X324In section 1 (citation and construction), for the words “the Sea Fisheries Act 1883” there shall be substituted the words “the Sea Fisheries Act 1968”.E+W+S+N.I.

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Editorial Information

X3The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W+S+N.I.

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Amendments (Textual)

X426In section 6 (returns about sea fisheries) the words “against the Sea Fisheries Act 1883” shall be omitted and at the end there shall be inserted the words “and sections 12(2) and 14 of the Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5, 6 or 10 of that Act”.E+W+S+N.I.

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Editorial Information

X4The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

X527After section 6 there shall be inserted the following section—E+W+S+N.I.

6A Vicarious liability of master of boat.

Where any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:

Provided that it shall be a defence for the master to prove that he issued proper orders for the observance, and used due diligence to enforce the observance, of the provision of the Act or byelaw contravened and that the offence in question was actually committed by some other person without his connivance.

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Editorial Information

X5The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

X628In section 7 (report of sea-fishery officer concerning compensation), for any reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—E+W+S+N.I.

Provided that nothing in the first paragraph of this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.

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Editorial Information

X6The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

X729In section 8 (compensation for damage caused by offence), for the reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—E+W+S+N.I.

Provided that nothing in this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.

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Editorial Information

X7The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

X830In section 10 (powers of sea-fishery officers) for the words from “sea” where it first occurs to the end there shall be substituted the words “a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 6 of that Act or any order thereunder”.E+W+S+N.I.

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Editorial Information

X8The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Fisheries Act 1891 (c. 37)E+W+S+N.I.

X931In section 13 (powers of taking legal proceedings) the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by” shall cease to have effect.E+W+S+N.I.

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Editorial Information

X9The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Merchant Shipping Act 1894 (c. 60)E+W+S+N.I.

32, 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56E+W+S+N.I.

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Amendments (Textual)

X1034In section 3 (definition of Sea Fisheries Acts) for the words from “’ Sea Fisheries Acts ’” to “1885” there shall be substituted the words “’ Sea Fisheries Acts’ has the same meaning as in the Sea Fisheries Act 1968”.E+W+S+N.I.

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Editorial Information

X10The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Illegal Trawling (Scotland) Act 1934 (c. 18)E+W+S+N.I.

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W+S+N.I.

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Amendments (Textual)

The Sea Fish Industry Act 1962 (c. 31)E+W+S+N.I.

X1136In section 17(2) (enactments to which the section’s exemption for operations for scientific and other purposes applies) for the words from “any enactment” to “this Act” there shall be substituted the words “section 6 of the Sea Fisheries Act 1968”.E+W+S+N.I.

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X11The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Sea Fisheries Regulation Act 1966 (c. 38)E+W+S+N.I.

X1237In section 13(5) (powers of local fisheries committees), the words from the beginning to “1883” and from “the provisions” to “and of” and the word “other” shall cease to have effect.E+W+S+N.I.

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X12The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Sea Fish (Conservation) Act 1967 (c. 84)E+W+S+N.I.

X1338(1)Section 15 (powers of British sea-fishery officers) shall be amended in accordance with the following provisions of this paragraph.E+W+S+N.I.

(2)In subsection (1) the words from the beginning to “1962” shall cease to have effect.

(3)For subsections (3) to (7) there shall be substituted the following subsections:—

(3)Any such officer may exercise in relation to any fishing boat in any waters adjacent to the United Kingdom and within the fishery limits of the British Islands, and in relation to any British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere outside those limits, such of the powers of a British sea-fishery officer under section 8(2) to (4) of the Sea Fisheries Act 1968 as may be conferred on him by order of the Ministers, being powers which the Ministers consider necessary for the enforcement of any of the provisions of sections 1 to 7 of this Act or any order made under any of those sections.

(4)An order under this section may make different provision for different cases.

(5)Section 10 of the Sea Fisheries Act 1968 shall apply in relation to the provisions of an order under this section and the powers thereby conferred as they apply in relation to section 8 of that Act and the powers thereby conferred; and, in relation to an offence under the said section 10 as it applies by virtue of this subsection, sections 12 to 14 of that Act shall apply accordingly.

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X13The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

X1439In section 22(1), in the definition of “British sea-fishery officer”, for the words from “section 11” to “1951” there shall be substituted the words “section 7 of the Sea Fisheries Act 1968”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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X14The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Section 22(2).

X15SCHEDULE 2E+W+S+N.I. ENACTMENTS REPEALED

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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X15The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

PART I E+W+S+N.I. REPEALS COMING INTO FORCE ON PASSING OF ACT

ChapterShort TitleExtent of Repeal
31 & 32 Vict. c. 45.Sea Fisheries Act 1868Section 1.
In Section 5, the definitions of “person” and “the Irish Fishery Commissioners”.
Section 67.
In section 70, the proviso.
25 & 26 Geo. 5. c. 9.The Herring Industry Act 1935.In section 14, the definition of “boat”.
In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words “or commodities produced wholly or partly therefrom” and the words “or such commodities as aforesaid”.
1 & 2 Geo. 6. c. 30.The Sea Fish Industry Act 1938.Section 50.
1 & 2 Geo. 6. c. 42.The Herring Industry Act 1938.In section 2(1), the words “and a ssistance”.
9 & 10 Geo. 6. c. 11.The Inshore Fishing Industry Act 1945.The whole Act.
11 & 12 Geo. 6. c. 51.The White Fish and Herring Industries Act 1948.Section 3.
14 & 15 Geo. 6. c. 30.The Sea Fish Industry Act 1951.Section 13(3).
1 & 2 Eliz. 2. c. 17.The White Fish and Herring Industries Act 1953.In section 1(3), the words “(of whatever size and in whatever way propelled)”.
Section 2(4).
Section 13(2) and (3).
5 & 6 Eliz. 2. c. 22.The White Fish and Herring Industries Act 1957.Section 1(3A) and (4).
Section 4.
In section 5(3), the words “or order”.
In section 5(4), the words from “and an order” to the end.
Section 6(2).
8 Eliz. 2. c. 7.The Sea Fish Industry Act 1959.Section 1.
10 & 11 Eliz. 2. c. 31.The Sea Fish Industry Act 1962.Section 1(4) and (6).
Section 2.
In section 3(3), the words “(of whatever size and in whatever way propelled)”.
Section 3(6).
Section 31.
Section 33(3).
In section 35(5), the words “an d thirty-one”.
In Schedule 2, paragraphs 18(1), 21(3) and (4), 22(1) and 23.
1966 c. 34.The Industrial Development Act 1966.Section 28.
1967 c. 35.The Fishing Vessel Grants Act 1967.The whole Act.

PART II E+W+S+N.I. REPEALS COMING INTO FORCE ON APPOINTED DAY

Chap terShort TitleExtent of Repeal
31 & 32 Vict. c. 45.The Sea Fisheries Act 1868.In section 5, the definitions of “Great Britain and Ireland”, “United Kingdom”, “exclusive fishery limits of the British Islands” and “exclusive fishery limits of France”.
In section 57, the words from “o r under” to “provided)”.
Section 63.
In section 65, the second paragraph.
Section 66.
In section 70, the words from the beginning to “save as aforesaid”, the words from “the seas adjoining” to “the whole of” and the words from “and to the seas” to “British Islands” in the fourth place where it occurs.
46 & 47 Vict. c. 22.The Sea Fisheries Act 1883.The whole Act.
48 & 49 Vict. c. 70.The Sea Fisheries (Scotland) Amendment Act 1885.Section 3.
Section 5.
54 & 55 Vict. c. 37.The Fisheries Act 1891.Section 5.
in section 6(1), the words “as one with the Sea Fisheries Act 1883, and” and the word “also”, and section 6(2).
In section 13, the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by”.
24 & 25 Geo. 5. c. 18.The Illegal Trawling (Scotland) Act 1934.Section 3.
1 & 2 Geo. 6. c. 30.The Sea Fish Industry Act 1938.Section 54.
Section 59.
Section 61.
Section 62.
Section 63(2).
14 & 15 Geo. 6. c. 30.The Sea Fish Industry Act 1951.Section 25.
8 Eliz. 2. c. 7.The Sea Fish Industry Act 1959.Section 9.
10 & 11 Eliz. 2. c. 31.The Sea Fish Industry Act 1962.Section 16.
Section 18.
Section 36(1).
1964 c. 72.The Fishery Limits Act 1964.Section 1(2).
Section 2.
Section 3(2) and (5).
In Schedule 1 the amendments of the Sea Fisheries Act 1883.
1966 c. 38.The Sea Fisheries Regulation Act 1966.In section 13(5), the words from the beginning to “1883” and from “the provisions” to “ and of” and the word “other”.
1967 c. 83.The Sea Fisheries (Shellfish) Act 1967.Schedule 2, so far as relating to the Sea Fisheries (Scotland) Amendment Act 1885.
1967 c. 84.The Sea Fish (Conservation) Act 1967.In section 15(1), the words from the beginning to “1962”.

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