Sea Fish Industry Act 1938

49 Functions of superintendents in relation to engagement and discharge of seamen

The following section shall be inserted in the principal Act after section four hundred and eleven thereof:—

“411A (1) In relation to fishing-boats, being trawlers of twenty-five tons tonnage or upwards, the Board of Trade may by order direct—

(a) that, subject to the provisions of subsection (3) of section four hundred and one of this Act (which relates to the engagement of substitutes), every fishing-boat's agreement under which a seaman is engaged, at any port specified in the order, to serve as one of the crew of such a fishing-boat as aforesaid shall be signed by the seaman in the presence of a superintendent, and that the duties of ascertaining that the seaman understands the agreement and of attesting his signature thereof which are imposed on the skipper by subsection (1) of the said section shall be performed instead by the superintendent;

(b) that whenever, in pursuance of section four hundred and four of this Act, an endorsement with respect to engagements of seamen at such a port as aforesaid, or discharges of seamen engaged at such a port, is made by the skipper of a fishing-boat of the said class on a fishing-boat's running agreement, the skipper shall deliver the agreement so endorsed to the superintendent, and that the superintendent shall, if the provisions of this Part of this Act relating to fishing-boats' agreements have been complied with, sign the endorsement and return the agreement to the skipper;

(c) that, whenever a seaman engaged at any such port is discharged from such a fishing-boat as aforesaid, he shall be discharged in the presence of a superintendent, and that the certificate of discharge required by section four hundred and ten of this Act to be signed by the skipper and delivered by him to the seaman, shall be so signed and delivered in the presence of a superintendent;

and in relation to any case in which, by virtue of any provisions of an order which are authorised by paragraph (a) of this subsection, a fishing-boat's agreement must be signed in the presence of a superintendent, subsection (2) of section four hundred and one of this Act shall have effect as if in that subsection for the word ' sent' there were substituted the word ' delivered.'

(2) If any skipper fails without reasonable cause to comply with an order under this section, he shall be liable to a fine not exceeding five pounds.

(3) Any order under this section may be varied or revoked by a subsequent order made in like manner.”