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Fisheries Act 1891

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Commencement Orders bringing legislation that affects this Act into force:

Part I E+W+S+N.I.M1Belgian Declaration and Sea Fisheries Act 1883

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Modifications etc. (not altering text)

C1Functions of Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)

Marginal Citations

1 Confirmation of Declaration.E+W+S+N.I.

The Declaration set out in the Schedule to this Act (hereinafter referred to as the Scheduled Declaration) is hereby confirmed, and the articles thereof shall be of the same force as if they were enacted in the body of this Act.

2 Powers of Commission appointed under Declaration.E+W+S+N.I.

(1)Any commission appointed by the Board of Trade in pursuance of Article One of the Scheduled Declaration shall, for the purpose of its duties, have the same powers as an inspector appointed by the Board of Trade [F1under section 256 of the Merchant Shipping Act 1995], and [F1Part X of that Act] of that Act shall apply as if the commission were such an inspector.

(2)Any such commission may take security, in such form as the Board of Trade may by rule prescribe, for the attendance of a witness before a court of justice in Belgium, and any sum which may become due in pursuance of such a security may be recovered in like manner as a sum due in pursuance of a security given under the M2Summary Jurisdiction Act 1879.

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Amendments (Textual)

F1Words in s. 2(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 9 (with s. 312(1))

Marginal Citations

3 Evidence of report or certificate under Article 3 of Declaration.E+W+S+N.I.

A document purporting to be certified by a Secretary or Assistant Secretary of the Board of Trade to be a report made or certificate given in pursuance of Article Three of the Scheduled Declaration shall be deemed to be such a report or certificate and to have been duly forwarded.

4 Punishment for violation of Article 4 of Declaration.E+W+S+N.I.

If either within or without [F2British fishery limits], any person belonging to a British sea fishing boat acts in contravention of Article Four of the Scheduled Declaration, he shall be liable to the like penalty as for a contravention of Articles thirteen to twenty-two of the First Schedule to the M3Sea Fisheries Act 1883.

Provided that if the Scheduled Declaration ceases to be binding on Her Majesty, this section shall cease to apply in the case of injuries to the gear or boat of a fisherman being a subject of the foreign State party to the Declaration, but shall nevertheless continue to apply as between British subjects.

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Amendments (Textual)

Marginal Citations

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S+N.I.

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Amendments (Textual)

6 Construction, title, and commencement of this Part of Act.E+W+S+N.I.

(1)This Part of this Act shall be construed . . . F4, so far as relates to Scotland and the [F5Scottish zone within the meaning of the Scotland Act 1998], . . . F4 as one with the M4Sea Fisheries (Scotland) Amendment Act 1885.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

[F7(3)The Sea Fisheries (Scotland) Amendment Act 1885 and this Part of this Act may be cited collectively as the Sea Fisheries Acts 1885 to 1891.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

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Amendments (Textual)

F5Words in s. 6(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 8

F7S. 6(3) substituted (19.11.1998) by 1998 c. 43, s. 1(2), Sch. 2 para. 9

Marginal Citations

Parts II, IIIE+W+S+N.I.

7—11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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Amendments (Textual)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S+N.I.

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Amendments (Textual)

Part IVE+W+S+N.I. General

13 Explanation as to power of taking legal proceedings for enforcing Fisheries Acts.E+W+S+N.I.

The powers conferred by . . . F11, [F12or this Act,] . . . F11[F13any Act relating to salmon and freshwater fisheries,] upon any authorities or officers to enforce any such Act shall not be construed as limiting or taking away the power of any other person to take legal proceedings for the enforcement of any such Act or of any byelaw made thereunder.

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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.

Amendments (Textual)

14 Short title.E+W+S+N.I.

This Act may be cited as the Fisheries Act 1891.

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