Search Legislation

Fisheries Amendment (Northern Ireland) Order 1981

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Fisheries Amendment (Northern Ireland) Order 1981 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Statutory Instruments

1981 No. 227 (N.I. 7)

Fisheries Amendment (Northern Ireland) Order 1981

18th February 1981

Title and commencementN.I.

1.—(1) This Order may be cited as the Fisheries Amendment (Northern Ireland) Order 1981.

(2) Except for Article 3(1)( a) and Part I of Schedule 1, which shall come into operation on such day as the Head of the Department of Agriculture may by order appointF1, this Order shall come into operation on the expiration of a period of one month from the day on which it is made.

F1fully exercised by SR 1983/75

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “the principal Act” means the Fisheries Act (Northern Ireland) 1966 [1966 c.17] .

Variation of punishments or mode of trial for certain offencesN.I.

3.—(1) For the purpose of varying the maximum punishment on conviction of offences (generally described in column 2 of Schedule 1) against certain provisions of—

(a)the Foyle Fisheries Act (Northern Ireland) 1952 [1952 c.5] ;

(b)the principal Act; and

(c)the Fish Industry Act (Northern Ireland) 1972 [1972 c.4] ,

the provisions of those Acts specified in column 1 of Parts I, II and III respectively of Schedule 1 shall have effect with the substitution for the maximum punishments specified in column 3 of the respective punishments specified in column 4, and where in the case of any offence no punishment on conviction on indictment is specified in column 3 but such a punishment is specified in column 4, proceedings in respect of the offence instead of being taken summarily may alternatively be taken by way of indictment and the defendant on conviction on indictment shall be liable to a punishment not exceeding that specified in column 4.

Para. (2) amends s. 63(5) of 1952 c. 5 (NI)

(3) In the principal Act—

(a)the maximum fine which may be imposed on summary conviction for an offence under section 55(1), 56(3), 58(2), 59(2), 78(1), 80, 81(3), 82, 85(2) or 86(3)( a) and (4) shall be increased from £100 to £500 (which is the maximum fine which may be imposed on summary conviction under section 201) and accordingly … residue amends ss.55, 56, 58, 59, 78, 80—82, 85, 86 of 1966 c.17 (NI)

Sub-paras. (b)‐(f) amend ss.110, 170, 174, 178, 202 of 1966 c.17 (NI)

Para. (4) amends s. 5 and repeals s. 6 of 1967 c. 7 (NI)

Para. (5) amends s. 7(6) of 1972 c. 4 (NI)

Art. 4 amends s. 17 of 1966 c. 17 (NI)

Art. 5 inserts s. 20(3)(4) in 1966 c. 17 (NI)

Arts.6, 7, 8, with Schedule 2, substitute ss. 124, 126, Part IX of 1966 c.17 (NI)

Art.9 amends s. 174 of 1966 c. 17 (NI)

Transitional provisions, amendments and repealsN.I.

10.—(1) The transitional provisions set out in Schedule 3 shall have effect.

Paras. (2)(3), with Schedule 4, effect amendments

Para. (4), with Schedule 5, effects repeals

N.I.

Schedules 1, 2—Amendments

Article 10(1).

SCHEDULE 3N.I.TRANSITIONAL PROVISIONS

PunishmentsN.I.

1.  A provision of this Order which relates to the punishment by way of fine or imprisonment for any offence or which permits proceedings in respect of any offence to be taken by way of indictment where heretofore they could be taken only summarily shall not affect the punishment for or proceedings in respect of an offence committed before the commencement of that provision.N.I.

Shell-fishN.I.

2.  An oyster bed licence purporting to have been granted under section 131 of the principal Act (as originally enacted) before the date of the commencement of Article 8 shall, if (so far as relevant)—N.I.

(a)consents corresponding to those mentioned in subsection (4) of that section (as substituted by that Article) were given before that date, or

(b)the consents mentioned in that sub-section are given within the period of one year from that date,

and the consents (except a consent given by the Secretary of State or the Crown Estate Commissioners) either have been transmitted by the licensee to the Department of Agriculture or are so transmitted before the expiration of that period, be deemed to be a shell-fish fishery licence for the culture of oysters, and shall have effect as if section 131 (as substituted by Article 8) had been in force when the licence was granted, and the licence was duly granted under it (and accordingly sections 133, 135 and 137 shall apply to the licence and section 136 shall apply to the fishery to which it relates).

3.  Where any consent referred to in paragraph 2( a) or ( b) has been or is given subject to any conditions or limitations which are not specified in the licence, the licence may be varied to specify those conditions and limitations and section 133(5) of the principal Act shall not apply to that variation.N.I.

4.  Where a licence such as is first mentioned in paragraph 2 is, by virtue of that paragraph, deemed to be a shell-fish fishery licence, the Department of Agriculture after consultation with the licensee may, notwithstanding any limitation in section 133(5)( a) of the principal Act, vary the licence so as to incorporate, subject to the limits mentioned in section 133(1)( c)(ii) and (iii), a term fixing the duration of the licence and conditions about the proper formation, development and cultivation of the fishery.N.I.

5.  On the expiration of the period mentioned in sub-paragraph ( b) of paragraph 2 any oyster bed licence in the case of which the conditions mentioned in that paragraph have not been met shall cease to have effect.N.I.

6.  Where following an application made by any person before the date of the commencement of Article 8 for an oyster bed licence the Department of Agriculture had before that date caused a local public inquiry to be held under section 132 of the principal Act (as originally enacted), the Department may treat the application as an application for a shell-fish fishery licence and (if minded following consideration of the report of the person who conducted the inquiry to grant the licence) grant such a licence to the applicant without complying with section 132 (as substituted by Article 8).N.I.

N.I.

Schedule 4—Amendments.

N.I.

Schedule 5—Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources