North Sea Fisheries Act 1893 (repealed)

1 Confirmation of Convention. U.K.

The Convention set out in the schedule to this Act (herein-after referred to as the scheduled Convention) is, with the Protocol thereto annexed, hereby confirmed, and the articles thereof shall be of the same force as if they were enacted in the body of this Act.

2 Penalty for supplying, exchanging, or otherwise selling spirits. U.K.

If within the North Sea limits but outside territorial waters any person on board or belonging to a British vessel supplies spirituous liquors to any person on board or belonging to a sea fishing boat he shall be liable—

(a) if the liquors are supplied in exchange for any article not belonging to the person supplied, to a fine not exceeding [F1 fifty pounds][F1 level 3 on the standard scale], or, in the discretion of the court, to imprisonment for a term not exceeding three months, . . . F2 ; and

(b) if the liquors are sold otherwise than by way of exchange for any such article, to a fine not exceeding [F3 thirty pounds][F3 level 2 on the standard scale], or in the discretion of the court, to imprisonment for a term not exceeding three months, . . . F2

Textual Amendments

F1 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G, 457A

F2 Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2) and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)

F3 Words “level 2 on the standard scale” substituted for words “thirty pounds” (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

3 Penalty for purchasing spirits by exchange or otherwise. U.K.

If within the North Sea limits but outside territorial waters any person on board or belonging to a British sea fishing boat purchases spirituous liquors, he shall be liable—

(a) if he gives any article not belonging to him in exchange for the liquors, to a fine not exceeding [F4 fifty pounds][F4 level 3 on the standard scale], or, in the discretion of the court, to imprisonment for a term not exceeding three months, . . . F5 ; and

(b) if he purchases the liquors otherwise than by way of exchange for any such article, to a fine not exceeding [F6 ten pounds][F6 level 1 on the standard scale].

Textual Amendments

F4 Words “level 3 on the standard scale”substituted for words “fifty pounds” (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1) ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F5 Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2) and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)

F6 Words “level 1 on the standard scale”substituted for words “ten pounds” (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), s. 289G

4 Penalty for breach of licence. U.K.

If within the North Sea limits but outside territorial waters any person on board or belonging to a British vessel deals with any person on board or belonging to a sea fishing boat in any provisions or other articles for his use, except spirituous liquors, without a licence granted in pursuance of Article Three of the scheduled Convention, or without carrying on his vessel the mark agreed upon in pursuance of that Article, or in contravention of any conditions of a licence so granted, he shall be liable to a fine not exceeding [F7 twenty pounds][F7 level 2 on the standard scale], and his licence may be revoked.

Textual Amendments

F7 Words “level 2 on the standard scale” substituted for words “twenty pounds” (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

5 Power to make regulations as to licences and other matters. U.K.

Her Majesty the Queen may from time to time by Order in Council make regulations for any of the following purposes:

(a) for prescribing the mode in which licences under Article Three of the scheduled Convention are to be granted, renewed, and revoked; and

(b) for prescribing the mode of application for such licences, and the conditions under which, and the time for which, the licences are to be granted; and

(c) generally for giving effect to any of the provisions of this Act or any of the articles of the scheduled convention.

6 Enforcement of Act. U.K.

For the purpose of enforcing the provisions of this Act in the case of British and foreign vessels, whether within or beyond the North Sea limits, all British and foreign sea fishery officers respectively within the meaning of the M1 Sea Fisheries Act 1883, shall have the same powers, and be entitled to the same protection, as they have and are entitled to for the purpose of enforcing the provisions of that Act in the case of British and foreign sea fishing boats respectively.

Provided that in the case of a vessel not being either a sea fishing boat or a vessel habitually employed in dealing with fishermen the power of a sea fishery officer to take the vessel to any port shall not be exercised, unless the sea fishery officer is satisfied that its exercise is necessary for the suppression of grave disorder.

Marginal Citations

M1 1883 c. 22.

7 Legal proceedings. U.K.

Sections sixteen, eighteen, nineteen, twenty, twenty-one, and twenty-two of the M2 Sea Fisheries Act 1883, shall apply in the case of offences, fines, and legal proceedings under this Act in the same manner as they apply in the case of offences, fines, and legal proceedings under that Act, and in those sections as so applied the expression “sea fishing boat” shall include any vessel.

Marginal Citations

M2 1883 c. 22.

8 Evidence. U.K.

Section seventeen of the M3 Sea Fisheries Act 1883, shall apply in the case of any formal statement drawn up in pursuance of Article Seven of the scheduled Convention in the same manner as it applies in the case of any document drawn up in pursuance of the Convention set out in the First Schedule to that Act.

Marginal Citations

M3 1883 c. 22.

9 Definitions. U.K.

In this Act—

• The expression “North Sea limits” shall mean the limits of the North Sea as fixed by Article Four of the Convention set out in the First Schedule to the M4 Sea Fisheries Act 1883.

• The expression “territorial waters” shall mean the territorial waters of Her Majesty’s dominions as defined by the M5 Territorial Waters Jurisdiction Act 1878.

• The expression “sea fishing boat” shall have the same meaning as in the M6 Sea Fisheries Act 1883.

• The expression “vessel” shall include ship, boat, lighter, and craft of every kind, whether navigated by steam or otherwise.

• The expression “spirituous liquors” shall include every liquid obtained by distillation and containing more than five per centum of alcohol.

Marginal Citations

M4 1883 c. 22.

M5 1878 c. 73.

M6 1883 c. 22.

10 Commencement and continuance of Act. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(2) The provisions of this Act relating to the sea fishery officers of any foreign State bound by the Convention set out in the First Schedule to the Sea Fisheries Act 1883, shall continue in operation notwithstanding the termination of the operation of that Convention as respects that foreign State.

(3) So much of this Act as has effect outside territorial waters shall, if the scheduled Convention ceases to be binding on Her Majesty, cease to apply to the vessels and officers of any foreign State bound by the scheduled Convention, but, subject as aforesaid, this Act shall continue in force notwithstanding the determination of the scheduled Convention.

(4) A notification in the London Gazette shall be sufficient evidence of the adhesion of any foreign State to the scheduled Convention, and of the application of this Act to the vessels and officers of any foreign States.

Textual Amendments

F8 Ss. 10(1), 11 repealed by Statute Law Revision Act 1908 (c. 49)

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

F9 Ss. 10(1), 11 repealed by Statute Law Revision Act 1908 (c. 49)

12 Short title. U.K.

This Act may be cited as the North Sea Fisheries Act 1893.