The Molluscan Shellfish (Control of Deposit) Order 1974

Citation and commencement

1.  This order may be cited as the Molluscan Shellfish (Control of Deposit) Order 1974 and shall come into operation on 7th October 1974.

Interpretation

2.—(1) In this order:—

“The Minister” means the Minister of Agriculture, Fisheries and Food;

“molluscan shellfish” means molluscan shellfish of any kind whether alive or dead and includes any part of a molluscan shellfish and any (or any part of any) brood, ware, half-ware or spat of molluscan shellfish, and any spawn of molluscan shellfish, and the shell, or any part of the shell, of a molluscan shellfish;

“shellfish bed” means any bed or ground in which shellfish are usually found or which is used for the propagation or cultivation of shellfish.

(2) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament and as if this order and the orders hereby revoked were Acts of Parliament.

Revocation of previous orders

3.  The Molluscan Shellfish (Control of Deposit) Order 1965(1), the Molluscan Shellfish (Control of Deposit) Amendment Order 1966(2) and the Molluscan Shellfish (Control of Deposit) Amendment Order 1968(3) are hereby revoked.

Designation of waters

4.—(1) The Minister hereby designates for the purposes of this order the areas of water specified in the Schedule hereto.

(2) The Minister hereby also designates for the purposes of this order the foreshore adjacent to the areas of water hereby designated and all land adjacent to such areas comprising shellfish cleansing and storing establishments, shellfish hatcheries, shellfish pits and shellfish ponds.

Prohibition

5.  The deposit in any area of water designated by this order of molluscan shellfish, being shellfish taken from any shellfish bed outside that area of water, is hereby prohibited.

Exceptions

6.  The prohibition imposed by Article 5 of this order shall not apply to any molluscan shellfish if—

(a) they are deposited under the authority of a licence granted by the Minister, and

(b) the conditions (if any) specified in that licence are complied with.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th September 1974.

L.S.

Frederick Peart

Minister of Agriculture, Fisheries and Food