Search Legislation

Import of Live Fish (England and Wales) Act 1980

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

Import of Live Fish (England and Wales) Act 1980 is up to date with all changes known to be in force on or before 22 July 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

E+W

Import of Live Fish (England and Wales) Act 1980

1980 CHAPTER 27

An Act to restrict in England and Wales the import, keeping or release of live fish or shellfish or the live eggs or milt of fish or shellfish of certain species.

[15th May 1980]

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C1Act: power to transfer certain functions conferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act wholly in force at Royal Assent

1 Power to limit the import etc. of fish and fish eggs.E+W

(1)F1. . . subject to subsection (2) below, the Minister may by order forbid either absolutely or except under a licence granted under this section, the import into, or the keeping or the release, in any part of England and Wales of live fish, or the live eggs of fish, of a species which is not native to England and Wales and which in the opinion of the Minister might compete with, displace, prey on or harm the habitat of any freshwater fish, shellfish or salmon in England and Wales.

(2)Before determining whether or not to make an order under this section, the Minister shall consult [F2Natural England] ,[F3the Natural Resources Body for Wales] and any other person with whom the Minister considers that consultation is appropriate.

(3)The Minister may, subject to such conditions as he thinks fit, grant a licence to any person to import [F4keep or release] live fish, or the live eggs of fish, of a species specified in an order under this section and the Minister may revoke or vary any such licence.

(4)An order under this section may, with the consent of the Treasury, authorise the making of a charge for a licence under this section and shall specify a maximum charge.

(5)The power conferred by this section to make orders shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

2 Powers of entry and inspection.E+W

(1)While an order under section 1 of this Act is in force any officer commissioned by the Commissioners of Customs and Excise, F5 or a person duly authorised by the Minister may at all reasonable times, on production of his authority if so required, enter and inspect any land occupied by a person holding a licence granted under that section and any other land upon which he has reason to believe that live fish, or the live eggs of fish, of the species specified in the order are being kept or may be found.

(2)In this section “land” includes land covered with water but does not include a dwelling-house.

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

3 Offences etc.E+W

(1)Subject to subsection (2) below, any person who—

(a)imports or attempts to import into, or keeps or releases, in any part of England and Wales any live fish, or the live eggs of fish, of a species specified in an order under section 1 of this Act—

(i)in a case where the order forbids absolutely such import, keeping or release;

(ii)without having a valid licence granted under the said section 1 authorising such import [F6keeping or release], in a case where the order forbids the import [F6keeping or release] except under such a licence;

(b)being the holder of a licence granted to him under the said section 1, acts in contravention of or fails to comply with any term of the licence;

(c)obstructs any person from entering or inspecting any land in pursuance of section 2 of this Act;

shall be guilty of an offence under this Act and shall be liable on summary conviction to a fine not exceeding [F7level 4 on the standard scale].

(2)A person shall not be guilty of an offence under this Act in respect of any act if he does the act for some scientific or research purpose authorised by the Minister.

(3)The Court by whom any person is convicted of an offence under paragraph (a) or (b) of subsection (1) above [F8may] order any fish or eggs in respect of which the offence was committed to be forfeited and destroyed.

(4)Any person who is empowered to enter land under section 2 of this Act may seize any fish or eggs with respect to which he has reason to believe that an offence under paragraph (a) or (b) of subsection (1) above has been committed, and may detain them pending the determination of any proceedings to be instituted under the said paragraph (a) or (b), or until the Minister is satisfied that no such proceedings are likely to be instituted.

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

4 Interpretation.E+W

In this Act—

  • eggs” include milt;

  • fish” includes shellfish;

  • freshwater fish” means any fish living in fresh water including eels and the fry of eels, but excluding salmon;

  • Minister” means

    (a)

    in relation to England, the Minister of Agriculture, Fisheries and Food; and

    (b)

    in relation to Wales, the Secretary of State for Wales;

  • salmon” includes all migratory fish of the species Salmo salar and Salmo trutta commonly known as salmon and sea trout respectively;

  • shellfish” includes crustaceans and molluscs of any kind and any spat or spawn of shellfish.

5 Short title and extent.E+W

(1)This Act may be cited as the Import of Live Fish (England and Wales) Act 1980.

(2)This Act extends to England and Wales only.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources