Sea Fish Industry Act 1970

SCHEDULES

Sections 1 and 2.

SCHEDULE 1 The White Fish Authority and the Scottish Committee

PART I The White Fish Authority

Constitution of the Authority

1 The Authority shall be a body corporate, with a common seal.

2 Every member of the Authority shall hold and vacate office in accordance with the terms of the instrument under which he is appointed ; but a person shall not hold office as a member of the Authority for more than five years under any one appointment.

3 Any member of the Authority may resign his office by a notice given under his hand to the Ministers and the Secretary of State concerned with the sea fishing industry in Wales.

4 A member of the Authority who ceases to hold office shall be eligible for reappointment.

5 It shall be the duty of the Ministers and the said Secretary of State to satisfy themselves, with respect to any person whom they propose to appoint to be a member of the Authority, that that person will have no such financial or commercial interest as is likely to affect him in the discharge of his functions as such a member, and also to satisfy themselves from time to time, with respect to any person who is a member of the Authority, that he has no such interest as aforesaid ; and any such person shall, whenever requested by the Ministers and the said Secretary of State so to do, furnish to them such information as they consider necessary for the performance of their duty under this paragraph.

Meetings and Proceedings of the Authority

6 Unless and until the Authority otherwise determine, three shall be a quorum at any meeting of the Authority.

7 The Authority shall have power to act notwithstanding a vacancy among the members thereof.

8 If at any meeting of the Authority the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

9 All acts done at any meeting of the Authority shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualifications of a person purporting to be a member of the Authority, be as valid as if that defect had not existed.

10 Minutes shall be kept of the proceedings of the Authority, and any such minutes shall, if signed by a person purporting to have acted as chairman of the meeting to which the minutes relate, or of a meeting at which they were read, be evidence of the proceedings at the first-mentioned meeting, and a meeting to which any such minutes relate shall, unless the contrary is proved, be deemed to have been regularly convened and constituted.

11 (1) If a member of the Authority has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or other matter.

(2) A general notice given in writing by a member of the Authority to the officer designated by them for the purpose to the effect that he is a member or in the employment of a specified company or other body, or that he is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person, which may be the subject of consideration after the date of the notice.

(3) Any disclosure made under sub-paragraph (1) above shall be recorded in the minutes of the meeting at which it is made ; and any notice given under sub-paragraph (2) above shall be recorded in a book to be kept for the purpose.

12 Subject to paragraphs 1 to 11 of this Schedule, the Authority shall have power to regulate its own procedure.

Incidental Duties and Powers of the Authority

13 The Authority shall have an office at which communications and notices will at all times be received, and shall notify to the Ministers and to the Secretary of State concerned with the sea fishing industry in Wales the address of that office and any change of that address.

14 The Authority may enter into such agreements, acquire such property, and do such things (including the employment from time to time of technical and professional agents), as may, in the opinion of the Authority, be necessary or desirable for the exercise or performance of any of their powers or duties and may dispose, as they think fit, of any property acquired by them.

15 The Authority may with the approval of the Minister for the Civil Service make arrangements for providing pensions to or in respect of any of their officers or servants, and any such arrangements may include the establishment and administration, by the Authority or otherwise, of a pension scheme with or without a pension fund, and may provide for receipts and expenses of the Authority attributable to their establishment and administration of a pension scheme being dealt with under the scheme instead of being paid into and out of the White Fish Industry Fund.

Application of Seal

16 The application of the common seal of the Authority to any document shall be attested by at least one member of the Authority and by the person for the time being acting as secretary to the Authority.

Instruments executed or issued by the Authority

17 Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by them for that purpose.

18 Any document purporting to be a document duly executed or issued under the seal of the Authority or on behalf of the Authority shall, until the contrary is proved, be deemed to be a document so executed or issued, as the case may be.

PART II The Scottish Committee

Constitution etc. and Expenses of the Scottish Committee

19 Paragraphs 2 to 12 of this Schedule shall apply in relation to the Scottish Committee with the substitution of references to the committee for references to the Authority and with the omission from paragraph 3 of the words " and the Secretary of State concerned with the sea fishing industry in Wales " and from paragraph 5 of the words " and the said Secretary of State " in both places where they occur.

20 The Scottish Committee may for the purpose of giving advice to the Authority incur on the Authority's behalf such expenses as may be generally or specially authorised by the Authority, and any such expenses, as well as expenses incurred by the committee in exercising any of the Authority's functions, shall be deemed for the purposes of this Act to be expenses of the Authority.

The Scottish Seal

21 In addition to the common seal above referred to, the Authority shall have a seal (hereafter in this Schedule referred to as." the Scottish seal") for use in any case where a document is to be sealed on their behalf by the Scottish Committee.

22 Paragraph 16 of this Schedule shall not apply to the Scottish seal, and the application of the Scottish seal to any document shall be attested by at least one member of the Scottish Committee and by the person for the time being acting as secretary to the committee.

Sections 3 and 30.

SCHEDULE 2 The Advisory Councils

1 Every member of a Council other than the Chairman shall hold and vacate office in accordance with the terms of the instrument under which he is appointed ; but, notwithstanding anything in such an instrument, any such member of a Council may resign his office by a written notice given under his hand to the Ministers and the Secretary of State concerned with the sea fishing industry in Wales, and a member of a Council who ceases to hold office shall be eligible for reappointment.

2 Unless and until a Council otherwise determines, the quorum of that Council shall be such number as may be fixed by the Ministers.

3 A Council shall have power to act notwithstanding any vacancy among the members thereof.

4 Subject to any directions which may be given by the Ministers, a Council shall have power to regulate its own procedure.

Sections 6 and 7.

SCHEDULE 3 Authority's Regulations and Schemes (Preliminary Procedure)

1 At least twenty-eight days before making any regulations or submitting any scheme the Authority shall cause to be published in the London Gazette and the Edinburgh Gazette (and, while Part I of this Act extends to Northern Ireland, the Belfast Gazette) and in such other manner as they think best adapted for informing persons affected, a notice of the Authority's intention to do so—

(a) specifying the place where the draft regulations or scheme may be inspected and copies thereof obtained, and the price (being a price approved by the Ministers) at which such copies will be supplied; and

(b) stating that the Authority are prepared to receive and consider any objection to the proposed regulations or scheme which may be made to the Authority in writing within such period after the date of the publication of the notice, not being less than twenty-eight days, as may be specified in the notice ;

and the Authority shall, before making the regulations or submitting the scheme, take into consideration any such objection so made to them before the end of the period specified in that behalf in the said notice.

2 When submitting any regulations or scheme to the Ministers, the Authority shall transmit to them any objection thereto which has been duly made to the Authority and has not been withdrawn, and the Ministers shall consider any objections so transmitted to them.

3 The order confirming any regulations or scheme shall set out the regulations or scheme ; but before making any such order or, in the case of a scheme, before laying a draft of the order before Parliament, the Ministers may, after holding such inquiries (if any) as they think fit, make such modifications in the regulations or scheme as they may, after consultation with the Authority, consider desirable:

Provided that, if the Ministers decide to make any such modifications, they shall cause notice of the proposed modifications to be published in such manner as they think best adapted for informing persons affected.

Section 29.

SCHEDULE 4 The Herring Industry Board

1 The Board shall be a body corporate with a common seal.

2 Every member of the Board shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

3 A member of the Board may resign his office by notice in writing signed by him and given to the Secretary of State concerned with the sea fishing industry in Scotland or to the Secretary of State concerned with the sea fishing industry in Northern Ireland or to the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Wales, and his office shall become vacant at the expiration of seven days from the date of receipt of the notice.

4 A member of the Board, on vacating his office on the expiration or termination of the term thereof, shall be eligible for re-appointment.

5 It shall be the duty of the Ministers and the said Secretary of State to satisfy themselves with respect to any person whom they propose to appoint to be a member of the Board that that person will have no such financial or commercial interest as to be likely to affect him in the discharge of his functions as a member of the Board, and also to satisfy themselves from time to time, with respect to any person so appointed, that he has no such interest as aforesaid ; and any such person shall, whenever requested by the Ministers and the said Secretary of State so to do, furnish to them such information as they consider necessary for the performance of their duty under this paragraph.

6 If a member of the Board—

(a) is detained for more than seven days in any place under any enactment in force in the United Kingdom relating to persons of unsound mind ;

(b) becomes bankrupt or enters into a composition or arrangement with his creditors;

(c) is convicted of a contravention of section 42 of this Act; or

(d) is absent from six consecutive meetings of the Board except for some reason appearing to the Board to be sufficient excuse ;

the Board shall forthwith declare his office to be vacant and his office shall become vacant on the date of the declaration.

7 The Ministers and the said Secretary of State may remove a member of the Board from his office for inability to perform his duties or for misbehaviour, and the office of a member so removed shall become vacant on such date as the Ministers and the said Secretary of State may direct.

8 The Board may act notwithstanding that the office of any member is vacant.

9 The Board may pay to the members of the Board such salaries, and may pay such of their travelling and other expenses, as the Board, with the concurrence of the Ministers and of the Minister for the Civil Service, may determine.

10 Subject to the provisions of this Schedule, the procedure and quorum of the Board shall be such as the Board may from time to time determine.

11 The Board may appoint such secretaries and other officers and such servants, and may pay to them such salaries and allowances as the Board may determine.

12 If the Board represent to the Ministers that any of the provisions of this Schedule ought to be varied, the Ministers may make an order for the variation thereof in accordance with the representation, save that an order shall not be made for the variation of paragraph 1, 2 or 5 of this Schedule, nor shall any order be made for the variation of paragraph 9 or 11 of this Schedule except with the concurrence of the Treasury.

13 An order under paragraph 12 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 31.

SCHEDULE 5 Herring Industry Schemes

PART I Particular Purposes for which a Herring Industry Scheme may Confer Powers on the Board

1 The promotion of sales and market development and the promotion and carrying out of schemes of research and experiment.

2 The making of loans for the provision, reconditioning and equipment of vessels.

3 The making of loans to any society or organisation formed for the purpose of acquiring nets and gear, fuel for vessels or other requisites for herring fishing, or requisites for the curing, kippering or processing of herring, and of selling or hiring any such requisites to the members of the society or organisation.

4 The making of loans in connection with export.

5 The purchase and disposal of redundant vessels.

6 The purchase of vessels and equipment for the purpose of being chartered or hired to persons desiring to engage in the herring industry, including in particular persons who have previously been engaged in that industry and persons who have served whole-time in the armed forces of the Crown or the mercantile marine.

7 The sale of any such vessels and equipment or shares therein to persons to whom they have previously been chartered or hired.

8 The disposal of any vessels and equipment or shares therein no longer required for the purpose of being chartered, hired or sold as aforesaid.

9 The giving of assistance for the revival of winter fisheries.

10 The limitation of the number, and control of the operations, of vessels, curers, salesmen, kipperers, processers, exporters and persons dealing wholesale in fresh herring at ports, by means of a licensing system having effect subject to any provisions which may be made by the scheme as respects any of those matters for exemption, compensation (including any such compensation as may be decided upon by the Board for regular members of the crews of efficient and redundant vessels) arbitration and appeal.

11 The regulation, by means of rules, of the manner and conditions in and subject to which sales may be conducted, of the charges by way of commission to be made by salesmen and exporters, of standards of curing, kippering and processing and of methods of packing and transport.

12 The prohibition, in accordance with rules and subject to any exemption for which provision may be made by the rules, of the sale, or the consignment, offer or exposure for sale, or the export, of herring of any description or quality defined in the rules, unless such designation, mark or other means for indicating that the herring are of the said description or quality as may be prescribed by the rules is used in relation to the herring, in such manner as may be so prescribed, and the prohibition, except in relation to herring of such description or quality as may be so defined, of the use, in any manner or circumstances specified in the rules, of such designation, mark or other means as may be so prescribed for indicating that such herring are of that description or quality.

The rules shall be of no effect if and so far as they are inconsistent with any regulations made with regard to fishery produce under section 1 (power to prescribe grade designations) or 2 (power to prescribe grade designation marks) of the [1928 c. 19.] Agricultural Produce (Grading and Marking) Act 1928.

13 The regulation, by means of prohibitions or restrictions having effect for a limited period either generally or in particular cases, of fishing, curing, kippering and other processes, dealing wholesale in fresh herring at ports, sales and shipments, and the fixing of prices, with a view to meeting temporary or seasonal conditions detrimental to the industry.

14 The prohibition or restriction of the export of herring which do not comply with such standards of quality as may be prescribed by rules.

15 The purchase and sale as agents and, in special cases, as principals, of herring or herring products including—

(a) in connection with the regulation of sales with a view to meeting temporary or seasonal conditions detrimental to the industry, the imposition on holders of stocks of cured herring of a duty to place them at the disposal of the Board with a view to the sale for export thereof by the Board as agents, and

(b) in connection with sales for export of cured herring by the Board as principals, the compulsory purchase by the Board of cured herring and the imposition on persons having supplies of fresh herring of a duty to sell them to curers for the purpose of the purchase by the Board,

and the fixing of prices in connection with the matters referred to in sub-paragraphs (a) and (b) above.

In this paragraph " cured herring" means herring which have been pickled in salt or brine or in both and which have not been subjected to any process of smoking.

16 The making of arrangements for the refrigeration and processing, whether by persons engaged in the industry or by the Board, of such proportion of herring catches as the Board consider expedient with a view to providing supplies of herring of good quality throughout the year and meeting temporary and seasonal conditions detrimental to the industry.

17 The regulation, by means of rules, of the conditions subject to which herring may be refrigerated and the standard of quality of the herring before and after refrigeration.

18 The disposal of surplus herring by conversion into oil and other products.

19 The undertaking of arrangements for shipment for export.

20 The levying of contributions from persons engaged in the industry and from purchasers of herring or herring products wholesale and importers of herring or herring products. In this paragraph " products " has the same meaning as in Part I of this Act.

21 The charging of fees in respect of licences.

22 The levying of contributions, in respect of any port or area, out of the proceeds of first sales of fresh herring, and the making of payments to herring fishermen in that port or area in order to obviate so far as possible undue differences in their earnings. A scheme conferring power to levy any such contributions or make any such payments—

(a) shall provide that those powers shall not be exercisable in respect of any port or area unless it appears to the Board that there exists among herring fishermen in that port or area a prevailing opinion in favour of the exercise of those powers; and

(b) shall secure so far as practicable that the contributions levied in respect of any port or area are sufficient to meet payments due to herring fishermen in that port or area under the scheme and, if at any time the contributions are insufficient to meet those payments, the scheme shall require the Board to make such adjustments in the rate of contributions or payments as may be necessary to make good the deficiency.

In this paragraph " first sales of fresh herring" means the first completed sales wholesale after the herring have been caught.

23 The entry on vessels and premises and the inspection thereof and of things found thereon.

24 The imposition on persons engaged in the industry of obligations to keep records and accounts and to furnish information.

25 The delegation of functions to committees and to other persons.

PART II Preliminary Procedure

1 Before making a scheme the Ministers shall, after consultation with the Board and the Treasury, prepare a draft scheme and shall cause to be published, in the London Gazette and in the Edinburgh Gazette and in the Belfast Gazette, and in such other manner as they think best for informing persons affected, notice of their intention to make the scheme, specifying—

(a) the place where copies of the draft scheme may be inspected and purchased ; and

(b) the time (which shall be not less than twenty-eight days from the date on which the notice is first published) within which objections to the draft scheme should be made.

2 Every objection must be sent to one or other of the Ministers in writing and must state the grounds of objection, and the Ministers, before laying the draft scheme before Parliament, shall consider any objection duly made with respect to it and make such modifications (if any) in it as they think fit after consultation with the Board and the Treasury.

3 The Ministers shall not make a scheme unless a draft of the scheme has been laid before Parliament and approved by resolution of each House.

Section 61.

SCHEDULE 6 Repeals and Revocation

PART I Miscellaneous Repeals

Chapter	Short Title	Extent of Repeal
25 & 26 Geo. 5. c. 9.	The Herring Industry Act 1935.	The whole Act except sub-paragraph (ii) of the proviso to section 3(gg) and section 11.
1 & 2 Geo. 6. c. 42.	The Herring Industry Act 1938.	The whole Act.
7 & 8 Geo. 6. c. 32.	The Herring Industry Act 1944.	The whole Act.
11 & 12 Geo. 6. c. 51.	The White Fish and Herring Industries Act 1948.	The whole Act.
14 & 15 Geo. 6. c. 30.	The Sea Fish Industry Act 1951.	Part I.
		Sections 24 and 28.
		Schedules 1 to 3.
1 & 2 Eliz. 2. c. 17.	The White Fish and Herring Industries Act 1953.	The whole Act.
5 & 6 Eliz. 2. c. 22.	The White Fish and Herring Industries Act 1957.	The whole Act.
8 Eliz. 2. c. 7.	The Sea Fish Industry Act 1959.	The whole Act.
10 & 11 Eliz. 2. c. 31.	The Sea Fish Industry Act 1962.	Section 1.
		Sections 3 to 9.
		Sections 29 and 30.
		Section 32.
		In section 33(1), the definitions of " fishery harbour ", " processing ", " products" and " white fish ".
		In section 33(2), the definition of " the appropriate Minister", paragraphs (a) and (b) of the definition of " the Ministers", and in paragraph (c) the words " in section seventeen of this Act."
		Section 33(4) and (5).
		Sections 34 and 35.
		Section 37(1), except paragraph (c).
		Section 37(2).
		Schedules 2 and 3.
1968 c. 77.	The Sea Fisheries Act 1968.	Sections 1 to 4.
		In section 18(2) the words " except section 4(4) ".
		In section 19, the definition of " products ".
		Section 22(3) and (4).
		Schedule 1, Part I.

PART II Repeals of Obsolete Enactments Relating to Herring

Chapter	Short Title	Extent of Repeal
48 Geo. 3. c. 110.	The Herring Fishery (Scotland) Act 1808.	In section 48, the words from " also for sorting the herrings taken " to " branded according to the true intent and meaning thereof ".
		In section 50, the words from the beginning to " or any mark or character in imitation thereof; or " and the words from " and every barrel or cask " to the end.
11 Geo. 4 & 1 Will. 4 c. 54.	The Fisheries (Scotland) Act 1830.	The whole Act.
14 & 15 Vict. c. 26.	The Herring Fishery Act 1851.	Section 2.
23 & 24 Vict. c. 92.	The Herring Fisheries (Scotland) Act 1860.	In section 3, the words " and the branding of barrels containing the same ".
24 & 25 Vict. c. 72.	The White Herring Fishery (Scotland) Act 1861.	In section 7, the words " and the branding of barrels containing the same ".
45 & 46 Vict. c. 78.	The Fishery Board (Scotland) Act 1882.	In Schedule 1, the entries relating to the Fisheries Act 1824, the Fisheries (Scotland) Act 1830, the Herring Fisheries (Scotland) Act 1858, the Herring Fisheries (Scotland) Act 1865 and an Act of 37 & 38 Vict. (c. 25) to remove restrictions contained in the British White Herring Fishery Acts in regard to the use of fir wood for herring barrels.
48 & 49 Vict. c. 70.	The Sea Fisheries (Scotland) Amendment Act 1885.	Section 9.
8 Edw. 7 c. 17.	The Cran Measures Act 1908.	In section 6, the words " and the Branding of Herrings (Northumberland) Act, 1891" and the words from " and in any area " to the end.
		Section 7.
3 & 4 Geo. 5 c. 9.	The Herring Fishery (Branding) Act 1913.	The whole Act.
22 & 23 Geo. 5. c. 11.	The Northern Ireland (Miscellaneous Provisions) Act 1932.	Section 8.
25 & 26 Geo. 5. c. 9.	The Herring Industry Act 1935.	In section 3, sub-paragraph (ii) of the proviso to paragraph igg).
		Section 11.

PART III Order Revoked

Reference	Title	Extent of revocation
S.I. 1969/388.	The Transfer of Functions (Wales) Order 1969.	In paragraph 1 of Schedule 2, sub-paragraphs (b) and (e).
		In paragraph 5 of Schedule 2, sub-paragraphs (h), (l) and (p)