Fisheries Act (Northern Ireland) 1966

PART II N.I. THE FISHERIES CONSERVANCY BOARD FOR NORTHERN IRELAND

N.I. Constitution and functions

[F1 25 The Fisheries Conservancy Board for Northern Ireland. N.I.

(1) There shall be a body called the Fisheries Conservancy Board for Northern Ireland (in this Act referred to as “the Board”) whose functions shall, subject to the following provisions of this section, be the conservation and protection of the salmon and the inland fisheries of Northern Ireland, other than the fisheries of the Londonderry Area[F2 or the Newry Area].

(2) The Board shall, if so directed in writing by the Head of the Department,[F3 exercise, in accordance with the terms and conditions of the direction, any function conferred on the Department by this Act and] execute such works and do such things in relation to any fisheries mentioned in subsection (1) as may be specified in the directions.

(3) Without prejudice to the generality of subsections (1) and (2), the Board may, in the exercise of their functions—

(a) take legal proceedings for the enforcement of any statutory provision with respect to salmon or inland fisheries;

(b) make to the Department such suggestions and representations as the Board think proper in relation to any matter pertaining to such fisheries, and advise the Department upon any such matter which is referred to them by the Department;

(c) act in co-operation with any other body constituted under a statutory provision for the purpose of publicising any such fisheries as a tourist attraction;

[F3 (cc) enter into an agreement to enforce the fishing rights of any owner or occupier of land or waters in accordance with such terms and conditions as may be specified in the agreement and on payment of such sums as may be so specified;]

(d) apply and expend, subject to the provisions of this Act, any money paid to the Board in such manner as the Board think proper for the performance of their functions.

(4) The functions of the Board under the preceding provisions of this section shall, if the Head of the Department so directs, cease to be exercisable by the Board in relation to salmon fisheries in the sea to such extent as may be specified in the directions.

(5) The provisions of Schedule 2 shall have effect with respect to the Board.]

F1 1983 NI 21

F2 SI 1999/859

F3 1991 NI 13

26 Power of Board to make byelaws. N.I.

(1) Subject to subsection (2), the Board may, with the approval of the Ministry, make such byelaws as appear to the Board to be expedient for the[F4 purposes of the Board's functions in relation to] any fisheries to which section 25 applies, and, without prejudice to the generality of the foregoing provisions, may make byelaws with respect to the following matters:—

(a) the regulation of fishing and preservation of good order amongst persons fishing;

(b) the times and seasons for the taking of fish or for any mode of taking fish and the conditions subject to which fish may be taken;

(c) prohibiting any mode of taking or destroying fish;

(d) the times and places at, or the mode in, which any fishing engine may be used;

(e) the description and form of nets or other fishing engines to be used, and the size of the meshes of those nets or the apertures in those other engines;

(f) the size (whether determined by measurement or by weight) of fish which may be taken;

(g) the making of applications for, and the issue, alteration, renewal and revocation of fishing licences, whether generally or in specified cases;

(h) the form of and the conditions attaching to fishing licences;

(i) the duties payable in respect of fishing licences;

(j) the protection of waters from any predatory animals;

(k) the prohibition of any practice whatsoever tending to impede the lawful capture of fish or to be in any manner detrimental to the fisheries;

[F4 (kk) the attachment of such identification marks as may be specified in the byelaws to any salmon captured;]

[F5 (kkk) anything relating in any matter to the management and protection of the fisheries;]

(l) anything which under this Act may be prescribed by byelaws or in respect of which byelaws are by this Act authorised to be made.

F6 (2) [F4 Except in relation to registers to be kept under section 120,] byelaws shall not be made under subsection (1) with respect to any matter in relation to which the Ministry is by this Act empowered to make regulations.

[F5 (3) The power to make byelaws under this section in relation to the regulation of fishing for salmon may be exercised for—

(a) the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including the geological or physiological features) or of any features of archaeological or historic interest on those areas; or

(b) the conservation of flora or fauna which are dependant on, or associated with, a marine or coastal environment.]

(4) All byelaws made by the Board shall be laid before Parliament by the Ministry, and shall be subject to negative resolution.

(5) If any person contravenes a byelaw, he shall be guilty of an offence.

F4 1991 NI 13

F5 2001 c. 4 (NI)

F6 prosp. inserted by 1983 NI 21

N.I. Financial provisions affecting the Board

27 Borrowing powers. N.I.

The Board may, with the written consent of the Ministry and the Ministry of Finance or in accordance with the terms of any authorisation in writing given to them by the Ministry and the Ministry of Finance, borrow such sums as they may require for the purposes of their functions.

28 Duty of Board to make to Ministry a yearly return of estimated receipts and payments. N.I.

(1) The Board shall, with respect to each of their financial years, forward to the Ministry for its approval estimates of their receipts and payments in that year.

(2) Estimates under subsection (1) shall be prepared in accordance with any directions given to the Board by the Ministry in that behalf, and shall be furnished to the Ministry at such times as the Ministry may direct.

(3) The Ministry may approve estimates furnished to it under subsection (2), subject to such modifications as it thinks fit, and may give directions to the Board as to the manner in which any excess of receipts so approved over payments so approved is to be applied, or any excess of payments so approved over receipts so approved is to be met.

29 Power of Ministry to make advances to the Board. N.I.

(1) For the purpose of meeting any approved excess of the payments of the Board in any of their financial years over their receipts in that year, the Ministry may make to the Board, out of moneys provided by Parliament, advances of such amounts repayable over such periods and on such terms as may be approved by the Ministry of Finance, so however that the aggregate amount of such advances at any time outstanding shall not exceed twenty thousand pounds.

(2) Any sums received by the Ministry by way of repayment of or interest on advances under subsection (1) shall be paid into the Exchequer.

[F7 30 Accounts and Audit N.I.

(1) The Board shall—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a) be in such form; and

(b) contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Board shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a) the Department; and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on every statement of accounts sent to him by the Board under this section; and

(b) send a copy of his report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.]

F7 2003 NI 5

N.I. Returns and information

32 Annual reports of the Board. N.I.

(1) The Board shall annually make to the Ministry a report of their work during their preceding financial yearF8 . . . .

(2) The Ministry shall cause every such report to be laid before Parliament.

F8 2003 NI 5

33 Duty of Board to disclose information to Ministry. N.I.

Without prejudice to the requirement imposed by section 32, the Board shall provide the Ministry with such returns or information relating to their proceedings or undertaking as the Ministry may from time to time require, and for those purposes shall permit any person authorised by the Ministry in that behalf to inspect and make copies of their accounts, books, documents and papers, and shall afford such explanation thereof as that person or the Ministry may reasonably require.

Ss. 34, 35 rep. by 1983 NI 21

S.36 rep. by 1968 c.31 (NI); SLR 1976