Search Legislation

The Sea Fisheries (Channel Islands) Order 1973

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

SCHEDULE

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF CERTAIN PROVISIONS OF THE SEA FISHERIES ACT 1968 TO THE CHANNEL ISLANDSArticle 3

PART IJERSEY

1.  In section 5(4) the words “on summary conviction” shall be omitted.

2.  In section 6(4) after the word “Ministers” there shall be inserted the words “whether before or after the coming into operation of the Sea Fisheries (Channel Islands) Order 1973”.

3.  In section 6(5) in paragraph (a) the words “on summary conviction” and the words from “and (c)” to the end of the subsection shall be omitted.

4.  In section 7(4) after the word “Ministers” there shall be inserted the words “whether before or after the coming into operation of the Sea Fisheries (Channel Islands) Order 1973”.

5.  At the end of section 7(5) there shall be added the following paragraph:—

(d)and, in relation to Jersey, the Harbours and Airports Committee of the States of Jersey..

6.  In section 10(4) the words “on summary conviction” shall be omitted.

7.  For section 12 there shall be substituted the following section:—

12.  Where a fine is imposed 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, 6 or 10 of this Act, the court may—

(a)authorise Her Majesty's Viscount to seize and detain 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 authority, whichever occurs first..

8.  In section 13(1) for the words “England and Wales or Northern Ireland” there shall be substituted the word “Jersey”.

9.  Section 13(2) shall be omitted.

10.  In section 13(3) the words “by a magistrates' court or sheriff” shall be omitted.

11.  In section 14 after the words “United Kingdom” there shall be inserted the words “or in Jersey”.

12.  For section 17 there shall be substituted the following section:

17.  Fishing boats or fishing gear lost or abandoned at sea and either—

(a)found or taken possession of within the territorial waters of the British Islands adjacent to Jersey; or

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

shall be treated as wreck for the purposes of Article 2 of the Seignorial Rights (Abolition) (Jersey) Law, 1966..

13.  In section 19(1)—

(a)in the definition of “British fishing boat” after the words “United Kingdom” there shall be inserted the words “in the Isle of Man or any of the Channel Islands”;

(b)after the definition of “convention area” there shall be inserted the following definition:—

'“court” means the Royal Court or the Police Court;'; means the Royal Court or the Police Court;';

(c)for the definition of enactment there shall be substituted the following definition:—

'“enactmentincludes an enactment of the State of Jersey;'; includes an enactment of the State of Jersey;';

(d)in the definition of “outer belt” the words “subject to subsection (2) below” shall be omitted.

14.  Section 19(2) shall be omitted.

15.  In section 22(1) and (2) before the word “Schedule” where it first appears there shall be inserted the words “Part II of”.

16.  Section 22(3) and (4) shall be omitted.

17.  Section 23(2) and (3) shall be omitted.

18.  In Part II of Schedule 1 all except paragraphs 23, 31, 32, 33, 36 and 38 shall be omitted.

19.  In Part II of Schedule 2 all references except those to the Sea Fisheries Act 1868, the Sea Fisheries Act 1883, the Fisheries Act 1891, the Sea Fish Industry Act 1959, the Sea Fish Industry Act 1962, the Fishery Limits Act 1964 and the Sea Fish (Conservation) Act 1967 shall be omitted.

PART IIGUERNSEY

1.  At the end of section 5(1) there shall be inserted the following additional subsection:—

(1) A Any order made under the provisions of the last preceding subsection shall not come into force in the Bailiwick of Guernsey until registered in the Royal Court of Guernsey..

2.  In section 5(4) the words “on summary conviction” shall be omitted.

3.  In section 6(4) after the word “Ministers” there shall be inserted the words “whether before or after the coming into operation of the Sea Fisheries (Channel Islands) Order 1973”.

4.  In section 6(5), in paragraph (a) the words “on summary conviction” and the words from “and (c)” to the end of the subsection shall be omitted.

5.  In section 7(4) after the word “Ministers” there shall be inserted the words “whether before or after the coming into operation of the Sea Fisheries (Channel Islands) Order 1973”.

6.  At the end of section 7(5) there shall be added the following paragraph:—

(d)and, in relation to Guernsey, the States Civil Service Board..

7.  In section 10(4) the words “on summary conviction” shall be omitted.

8.  For section 12 there shall be substituted the following section:—

12.  Where a fine is imposed 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, 6 or 10 of this Act, the count may—

(a)by order authorise Her Majesty's Sheriff to seize, detain and sell 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 conviction or until the fine is paid or the amount of the fine is levied in pursuance of such authority, whichever occurs first..

9.  In section 13(1) for the words “England and Wales or Northern Ireland” there shall be substituted the word “Guernsey”.

10.  Section 13(2) shall be omitted.

11.  In section 13(3), the words “by a magistrates' court or sheriff” shall be omitted.

12.  In section 14 after the words “United Kingdom” there shall be inserted the words “or in the Bailiwick of Guernsey”.

13.  For section 17 there shall be substituted the following section:

17.  Fishing boats or fishing gear lost or abandoned at sea and either—

(a)found or taken possession of within the territorial waters of the British Islands adjacent to Guernsey; or

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

shall be treated as wreck.

14.  In section 19(1)—

(a)in the definition of “British fishing boat” after the words “United Kingdom” there shall be inserted the words “in the Isle of Man or in any of the Channel Islands”:

(b)after the definition of “convention area” there shall be inserted the following definition:—

'“court” means the Royal Court or the Magistrate's Court of the Island of Guernsey;'; means the Royal Court or the Magistrate's Court of the Island of Guernsey;';

(c)for the definition of “enactment” there shall be substituted the following definition:—

'“enactmentincludes any enactment in force in the Bailiwick of Guernsey or in any part thereof;'; includes any enactment in force in the Bailiwick of Guernsey or in any part thereof;';

(d)in the definition of “outer belt” the words “subject to subsection (2) below” shall be omitted.

15.  Section 19(2) shall be omitted.

16.  In section 22(1) and (2) before the word “Schedule” where it first appears shall be inserted the words “Part II of”.

17.  Section 22(3) and (4) shall be omitted.

18.  Section 23(2) and (3) shall be omitted.

19.  In Part II of Schedule I all except paragraphs 23, 31, 32, 33, 36 and 38 shall be omitted.

20.  In Part II of Schedule 2 all references except those to the Sea Fisheries Act 1868, the Sea Fisheries Act 1883, the Fisheries Act 1891, the Sea Fish Industry Act 1959, the Sea Fish Industry Act 1962, the Fishery Limits Act 1964 and the Sea Fish (Conservation) Act 1967 shall be omitted.

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

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 made 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