Fisheries Act 1981

Constitution, duties and powers U.K.

1 Constitution of the Authority. U.K.

(1) There shall be a body known as the Sea Fish Industry Authority.

(2) The Authority shall consist of not more than twelve members appointed by the Ministers and of those members the Ministers shall appoint one to be chairman and another to be deputy chairman.

(3) The chairman, deputy chairman and two of the other members of the Authority shall be persons appearing to the Ministers to have no such financial or commercial interests as are likely to affect them in the discharge of their functions as members independent of the sea fish industry.

(4) The other members of the Authority shall be persons appearing to the Ministers to represent the interests of the sea fish industry or of any part of that industry, and before appointing those members the Ministers shall consult such organisations representing that industry or any part of it as appear to the Ministers to be appropriate.

(5) Schedule 1 to this Act shall have effect with respect to the Authority.

2 Duties of the Authority. U.K.

(1) F1 ... It shall be the duty of the Authority to exercise its powers under this Part of this Act for the purpose of promoting the efficiency of the sea fish industry and so as to serve the interests of that industry as a whole.

(2) In exercising its powers under this Part of this Act the Authority shall have regard to the interests of consumers of sea fish and sea fish products.

F2 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Ministers may, after consultation with the Authority, give the Authority such directions as they think necessary for ensuring that the activities of the Authority are consistent with [F3 subsection (1)] and such other directions as appear to them to be requisite in the public interest; and the Authority shall give effect to any such directions.

(4) Where the Ministers give a direction under this section they shall lay before Parliament [F4 , and the Scottish Ministers shall lay before the Scottish Parliament,] a statement setting out the direction.

(5) It shall be the duty of the Authority, if so required by any Minister of the Crown [F5 or by the Scottish Ministers], to act as his agent in any matter relating to the sea fish industry.

Textual Amendments

F1 Words in s. 2(1) omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 S. 2(2A) omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 2(3) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in s. 2(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 23 Pt. II para 3(2); S.I. 1998/3178, art. 3

F5 words in s. 2(5) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 23 Pt. II para. 3(3); S.I. 1998/3178, art. 3

3 Powers of the Authority. U.K.

(1) The Authority shall have power—

(a) to carry out research and development with respect to any matters relating to the sea fish industry;

(b) to give advice on any such matters;

(c) to provide training in such matters or to assist in the provision of such training by making grants or by exercising supervisory or co-ordinating functions;

(d) to promote the marketing and consumption in, and the export from, the United Kingdom of sea fish and sea fish products;

(e) to make loans for assisting persons to meet capital expenditure on constructing, reconditioning or improving fishing vessels or on acquiring, reconditioning or improving plant for making ice or processing sea fish;

(f) to give financial assistance (by way of loan, grant or guarantee) to persons incurring expenditure in forming, carrying on or extending the activities of co-operatives for the sale of sea fish or for the purchase of fishing gear, fuel, stores or other materials requisite for the sea fish industry;

(2) The Authority may charge fees for any services which it provides and may accept voluntary contributions to its expenses or to its expenses in respect of any particular matter.

(3) In determining its policy with respect to the provision of training or the making of grants under paragraph (c) of subsection (1) above the Authority shall consult with such bodies as may be designated for the purpose by the Ministers; and the Authority shall not without the approval of the Ministers exercise supervisory or co-ordinating functions under that paragraph.

(4) In determining its policy with respect to any class of financial assistance under subsection (1)(e) or (f) above the Authority shall act with the approval of the Ministers.

(5) The Authority may provide services for persons concerned with the sea fish industry of countries other than the United Kingdom but shall not do so [F6 unless—

(a) F7 ... the full cost of the services is recovered by fees; and

(b)] the Authority is satisfied that the services can be provided without prejudice to its other activities.

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Authority may enter into such agreements, acquire such property and do all such other things as may in its opinion be necessary or desirable for the exercise of the powers conferred by the foregoing provisions of this section and may dispose as it thinks fit of any property acquired by it.

Textual Amendments

F6 Words substituted by S.I. 1989/1190, reg. 2(3)

F7 Words in s. 3(5)(a) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), ss. 35, 54(3)(d) (with Sch. 4 para. 31)

F8 S. 3(6) repealed (17.6.2002) by 2002 c. 1, s. 19, Sch. 4 (with Sch. 5 paras. 1-5); S.I. 2002/1408, art. 2