Sea Fisheries Act 1968

Supplemental

18 Orders

(1) Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.

(2) A statutory instrument containing an order made by the Ministers under any provision of this Act, except section 4(4), shall be laid before Parliament.

(3) Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.

19 Interpretation

(1) In this Act, except so far as the context otherwise requires.—

• " British fishing boat " means a fishing boat which is registered in the United Kingdom, exempted from registration by regulations under section 373 of the [1894 c. 60.] Merchant Shipping Act 1894 or owned wholly by a person who is (within the meaning of the Merchant Shipping Act 1894) a person qualified to own a British ship, and " foreign fishing boat" means a fishing boat which is not so registered, so exempted or so owned ;

• " convention " includes an agreement or other arrangement ;

• " convention area " means, in relation to any international convention, the area to which the convention relates;

• " enactment " includes an enactment of the Parliament of Northern Ireland;

• " fish " includes shellfish, and cognate expressions shall be construed accordingly;

• " fishing boat " means any vessel for the time being employed in fishing operations or any operations ancillary thereto;

• " foreign sea-fishery officer " has the meaning assigned to it by section 7 of this Act;

• " master " includes, in relation to any fishing boat, the person for the time being in command or charge of the boat;

• " the Ministers " means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland;

• " the outer belt ", subject to subsection (2) below, has the same meaning as in section 1 of the [1964 c. 72.] Fishery Limits Act 1964;

• " products " has the same meaning as in Part I of the [1951 c. 30.] Sea Fish Industry Act 1951 ;

• " Sea Fisheries Acts " means any enactments for the time being in force relating to sea-fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout.

(2) References in this Act to the fishery limits of the British Islands, the exclusive fishery limits and the outer belt shall, subject to any Order in Council under section 21 below, be construed as not including waters within the fishery limits of the British Islands which are adjacent to the Isle of Man or any of the Channel Islands.

(3) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.

20 Northern Ireland

Nothing in this Act shall be taken to restrict the powers of the Parliament of Northern Ireland to make laws ; and any laws made by that Parliament with respect to any matter with respect to which it has that power shall have effect notwithstanding anything in this Act.

21 Isle of Man and Channel Islands

(1) Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—

(a) shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order, to the Isle of Man or any of the Channel Islands ; and

(b) shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.

(2) An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.

22 Minor and consequential amendments and repeals, and savings

(1) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2) The enactments specified in Schedule 2 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

(3) Any reference to boats in the [1935 c. 9.] Herring Industry Act 1935, the [1944 c. 32.] Herring Industry Act 1944 or the [1948 c. 51.] White Fish and Herring Industries Act 1948 shall be construed as a reference to vessels.

(4) The amendment by Schedule 1 to this Act of section 5 of the [1953 c. 17.] White Fish and Herring Industries Act 1953 and section 3 of the [1957 c. 22.] White Fish and Herring Industries Act 1957 shall not affect the operation of any scheme made under either of those sections, and the repeal by this Act of section 2 of the [1962 c. 31.] Sea Fish Industry Act 1962 shall not affect the operation of any scheme made under the said section 5 by virtue of the said section 2, but any such scheme which is in force immediately before the coming into force of the amendment and repeal shall, notwithstanding the repeal, have effect as if made under the said section 5 or the said section 3, as the case may be, as so amended.

(5) The amendment by Schedule 1 to this Act of section 15 of the [1967 c. 84.] Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.

(6) The repeal by this Act of the [1883 c. 22.] Sea Fisheries Act 1883 shall not affect the operation—

(a) of any Order in Council under section 23 of that Act which is in force immediately before the coming into force of the repeal; or

(b) of any provision of that Act which is applied by any such Order or by any provision of the [1891 c. 37.] Fisheries Act 1891 or the [1893 c. 17.] North Sea Fisheries Act 1893.

23 Short title and commencement

(1) This Act may be cited as the Sea Fisheries Act 1968.

(2) Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.

(3) Any order under this (section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).