Salmon Act 1986

31 Dealer licensing in England and Wales. E+W

(1) The Minister of Agriculture, Fisheries and Food and the Secretary of State may by order made by statutory instrument make provision for the purpose of prohibiting persons, in such cases as may be specified in the order, from—

(a) dealing in salmon otherwise than under and in accordance with a license issued in pursuance of the order by such person as may be so specified; or

(b) buying salmon from a person who is not licensed to deal in salmon.

(2) Without prejudice to the generality of subsection (1) above, an order under this section may—

(a) prescribe the manner and form of an application for a licence to deal in salmon and the sum, or maximum sum, to be paid on the making of such an application;

(b) specify the circumstances in which such an application is to be granted or refused and the conditions that may be incorporated in such a licence;

(c) authorise the amendment, revocation or suspension of such a licence;

(d) create a criminal offences consisting in the contravention of, or failure to comply with, provisions made under this section;

(e) provide for matters to be determined for the purposes of any such provision by a person authorised by any such provision to issue a licence; and

(f) make provision, whether by applying provisions of the M1 Salmon and Freshwater Fisheries Act 1975 or otherwise, for the purpose of facilitating the enforcement of any provision made under this section.

(3) An order under this section may—

(a) make different provision for different cases; and

(b) contain such incidental, supplemental and transitional provision as appears to the Minister of Agriculture, Fisheries and Food and the Secretary of State to be necessary or expedient.

(4) Except in the case of an order to which subsection (5) below applies, no order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) A statutory instrument containing an order under this section which relates exclusively to the sum, or maximum sum, to be paid on the making of an application for a licence to deal in salmon shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “deal”, in relation to salmon, includes selling any quantity of salmon, whether by way of business or otherwise, and acting on behalf of a buyer or seller of salmon.

Marginal Citations

M1 1975 c. 51.