The Southern Sea Fisheries District (Constitution of Committee and Expenses) (Variation) Order 1997

Statutory Instruments

1997 No. 1306

SEA FISHERIES

The Southern Sea Fisheries District (Constitution of Committee and Expenses) (Variation) Order 1997

Made

15th May 1997

Coming into force

16th May 1997

The Minister of Agriculture, Fisheries and Food, on the application of the local fisheries committee for the Southern Sea Fisheries District and after consultation with every council concerned, in exercise of the powers conferred on him by section 1 of the Sea Fisheries Regulation Act 1966(1) and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has lain before Parliament for forty days prior to its being made:

Title and commencement

1.  This Order may be cited as the Southern Sea Fisheries District (Constitution of Committee and Expenses) (Variation) Order 1997 and shall come into force on 16th May 1997.

Variation of principal Order

2.—(1) The Southern Sea Fisheries District Order 1989(2) shall be varied in accordance with the following paragraphs of this article.

(2) For paragraphs (1), (2) and (3) of article 2 there shall be substituted the following new paragraphs—

“2.— (1) There shall continue to be a sea fisheries district comprising so much of the sea within the national waters of the United Kingdom adjacent to England and so much of the sea within six nautical miles from the baselines from which the breadth of the territorial sea of the United Kingdom adjacent to England is measured, with the adjoining coast, as lies within the following limits, namely, on the east, a line drawn along the western side of the road-bridge leading from Langstone to Hayling Island in the county of Hampshire and continued from the southern extremity of the said bridge straight to the flagstaff of the Hayling Island coastguard station (latitude 50 degrees 46.90 minutes north, longitude 000 degrees 58.18 minutes west), and thence seawards in a true southerly direction, being the western boundary of the Sussex Sea Fisheries District; and on the west, a line drawn true south from the seaward extremity of the boundary between the counties of Dorset and Devon near Lyme Regis (longitude 2 degrees 56.70 minutes west), being the eastern boundary of the Devon Sea Fisheries District.

(2) Save as provided in article 2(3) below, the sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of any estuary within the limits of the said district, as follows:—

• A line at or near the mouth of the River Avon drawn true south-east from the south-easternmost corner of Haven House Inn, Mudeford Quay (latitude 50 degrees, 43.41 minutes north, longitude 001 degrees 44.40 minutes west) to a point 610 metres distant therefrom (latitude 50 degrees 43.18 minutes north, longitude 001 degrees 44.03 minutes west) thence continued straight in a north-easterly direction to a point (latitude 50 degrees 43.92 minutes north, longitude 001 degree 42.75 minutes west) true south of and 610 metres distant from the south-westernmost corner of Highcliffe Castle and thence true north to that corner (latitude 50 degrees 44.23 minutes north, longitude 001 degree 42.79 minutes west);

• A line at or near the mouth of the River Trent or Piddle across the said river, along the eastern side of the road-bridge leading from Wareham to Wareham Railway Station;

• A line at or near the mouth of the River Frome across the said river, along the eastern side of the road-bridge leading from Wareham to Stoborough;

• A straight line at or near the mouth of the River Wye from the seaward extremity of South Pier (latitude 50 degrees 36.54 minutes north, longitude 002 degrees 26.40 minutes west) to the seaward extremity of North Pier (latitude 50 degrees 36.56 minutes north, longitude 002 degrees 26.56 minutes west);

• A straight line across every such river or stream not herein before specified, such line being drawn at the limit of ordinary high water.

(3) The sea fisheries district shall extend north of a line from Hill Head to Stansore Point to include the port of Southampton as defined in section 5 of the Southampton Harbour Act 1887(3) (except that for the purposes of this Order the port shall include the River Hamble above Bursledon bridge so far as it is tidal) and shall include such part of the area of the sea known as “The Fleet” as extends from Portland Harbour to the eastern boundary of the parish of Abbotsbury, being a line drawn 201 degrees true across the fleet from a position 50 degrees 38.22 minutes west on the northern shore, which is the boundary of that parish for the purposes of the Local Government Act 1972(4), at the date of the making of this Order.”.

(3) For Schedule 1 there shall be substituted the Schedule set out in the Schedule to this Order.

Elliot Morley

Minister of State, Minister of Agriculture, Fisheries and Food

15th May 1997

Article 2.

SCHEDULE

Articles 3 and 4

“SCHEDULE 1 CONSTITUTION AND EXPENSES

Column 1	Column 2	Column 3
Constituent Councils	Number of Representatives	Proportion of Expenses (per cent)
Bournemouth Council	1	10
Dorset County Council	2	20
Hampshire County Council	2	20
Isle of Wight Council	2	20
Poole Council	1	10
Portsmouth Council	1	10
Southampton Council	1	10”

Explanatory Note

(This note is not part of the Order)

This Order varies those provisions of the Southern Sea Fisheries District Order 1989 which relate to the constitution of the Committee and the expenses payable by the constituent authorities, in consequence of the changes to the Local Government areas contained in the Isle of Wight (Structural Change) Order 1994 (S.I. 1994/1210), the Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 (S.I. 1995/1771) and the Hampshire (Cities of Portsmouth & Southampton) (Structural Change) Order 1995 (S.I. 1995/1775).

Bournemouth, Poole, Portsmouth and Southampton Councils all become constituent Councils of the Committee (article 2(3) and the Schedule).

Consequential adjustments are made to the liability of constituent Councils to contribute to the Committee’s expenses (article 2(3) and the Schedule).

The opportunity is also taken to include the co-ordinates of the points by which the district is defined (article 2(2)).

(1)

1966 c. 38, amended by the Local Government Act 1985 (c. 51) section 16 and Schedule 8, paragraph 19; see section 20(1) for the definition of “the Minister”. References in the 1966 Act to county councils and metropolitan district councils should be read with regulation 5, paragraphs (6) and (7) of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) to which the only relevant amending instrument is S.I. 1996/611.

(2)

S.I. 1989/671, amended by S.I. 1990/1157 and S.I. 1993/2532.

(3)

1887 c.Iii.

(4)

1972 c. 70.