Sea Fisheries Regulation Act 1966 (repealed)

Sea Fisheries Regulation Act 1966

1966 CHAPTER 38

An Act to consolidate (with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949) the Sea Fisheries Regulation Acts 1888 to 1930 and certain other enactments relating to the sea fisheries of England and Wales.

[17th November 1966]

Modifications etc. (not altering text)

C1 Act extended by S.I. 1972/971, art. 4, Sch. 1 Pt. A

C2 Act amended and certain functions transferred by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 1(4)(a)(5) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C3 Act: functions transferred (1.4.1996) by 1995 c. 25, s. 2(1)(a)(v) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C4 Act amended (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 2(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I1 Act wholly in force at 17.12.1966 see s. 22(1)

Sea fisheries districts and local fisheries committees E+W

1 Establishment of sea fisheries districts and local fisheries committees. E+W

(1) The Minister may, on the application of a [F1 county, county borough][F2 or metropolitan district council] . . . F3 , by order—

(a) create a sea fisheries district comprising any part of the sea within the national or territorial waters of the United Kingdom adjacent to England or Wales, either with or without any part of the adjoining coast, and

(b) define the limits of the district, and the area chargeable with any expenses under this Act, and

(c) provide for the constitution of a local fisheries committee for the regulation of the sea fisheries carried on within the district;

and the Minister may, by a subsequent order made on the like application, or made on the application of the local fisheries committee and after consultation with every [F1 county, county borough][F2 or metropolitan district council] concerned, vary or revoke any order made under this section, or unite two or more districts or parts of districts into a separate sea fisheries district or dissolve any sea fisheries district that may have been created.

(2) The power to make orders under this section shall be exercisable by statutory instrument, and a draft of a statutory instrument containing any such order shall be laid before Parliament.

Textual Amendments

F1 Words in s. 1(1) substituted (1.10.1995) by virtue of 1994 c. 19, s. 66(6), Sch. 16 para. 26(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)) ; S.I. 1995/2490, art. 5(1), Sch. 3

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(2)

F3 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C5 S. 1 excluded by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 5(1) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C6 S. 1 restricted (1.2.1996) by 1995 c. 25, s. 105, Sch. 15 para. 5(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

S. 1: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table I9

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Ratepayers may apply for order under s. 1 if council refuse, etc. to apply. E+W

If a [F13 county, county borough][F14 or metropolitan district council] . . . F15 , to whom an application in that behalf has been made by not less than twenty persons, being persons who are . . . F16 [F17 inhabitants of the [F13 county, county borough] or district] . . . F15 , and interested in sea fisheries, refuse to apply to the Minister for an order creating a sea fisheries district or neglect to apply for such an order within six months from the date of the application, the persons who made the application may, within twelve months from the said date, apply to the Minister for such an order; and the Minister shall, unless the council in question satisfy the Minister that such an order should not be made, proceed as if the application had been made by the council.

Textual Amendments

F13 Words in s. 3 substituted (1.10.1995) by virtue of 1994 c. 19, s. 66(6), Sch. 16 para. 26(3) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/2490, art. 5(1), SCh. 3

F14 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(4)

F15 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F16 Words repealed by S.I. 1990/776, arts. 2(2), 8, Sch. 3 para. 11

F17 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(4)

4 Draft of certain orders under s. 1 to be published locally. E+W

(1) Before making an order creating a sea fisheries district the Minister shall cause a draft of the order to be published locally in such manner as he may direct, and shall, if any objection is made to the draft order or any of the provisions thereof, cause such local inquiry to be held as may in his opinion be required.

(2) Due notice of an inquiry under this section shall be given by advertisement or otherwise, and the report of the person holding the inquiry shall, if the order to which the inquiry related is to be made, be laid before Parliament with the draft of the statutory instrument containing the order.

Powers of local fisheries committees E+W

5 Byelaws for regulation, etc. of sea fisheries. E+W

(1) The local fisheries committee for a sea fisheries district may, subject to such regulations as may be made in that behalf by the Minister by statutory instrument, make byelaws, to be observed within their district, for all or any of the following purposes, namely—

(a) for restricting or prohibiting, either absolutely or subject to any exceptions and regulations, the fishing for or taking of all or any specified kinds of sea fish during any period specified in the byelaw;

(b) for restricting or prohibiting, either absolutely or subject to such regulations as may be provided by the byelaws, any method of fishing for sea fish or the use of any instrument of fishing for sea fish and for determining the size of mesh, form and dimensions of any instrument of fishing for sea fish;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(d) for the regulation, protection and development of fisheries for all or any specified kinds of shellfish, including—

(i) the fixing of the sizes and condition at which shellfish may not be removed from a fishery, and the mode of determining such sizes;

(ii) the obligation to re-deposit in specified localities any shellfish the removal or possession of which is prohibited by or in pursuance of any Act;

(iii) the protection of shellfish laid down for breeding purposes;

(iv) the protection of culch and other material for the reception of the spat or young of any kinds of shellfish; and

(v) the obligation to re-deposit such culch and other material in specified localities;

(e) for constituting within their district any district of oyster cultivation for the purposes of [F19 section 16(2) of the M2 Sea Fisheries (Shellfish) Act 1967] (which prohibits the sale of oysters between certain dates);

(f) for directing that [F19 section 17(2)] of the said Act (which affords a defence to a person charged with an offence under that section) shall not apply;

(g) for revoking or amending any order made under section 10 of the M3 Fisheries (Oyster, Crab and Lobster) Act 1877 (which authorises the making of orders prohibiting or restricting the taking of crabs and lobsters in certain areas);

(h) for revoking or amending any byelaw made under this section.

(2) A byelaw made under this section may provide for its application either to the whole or any specified part or parts of the district for which it is made and either during the whole or any specified part or parts of the year.

Textual Amendments

F18 S. 5(1)(c) repealed by S.I. 1989/1968, reg. 2, Sch. 1

F19 Words substituted by Sea Fisheries (Shellfish) Act 1967 (c. 83), Sch. 2

Modifications etc. (not altering text)

C7 S. 5 amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(1), Sch. 4 Pt. I para 10

C8 S. 5 amended by Salmon Act 1986 (c. 62, SIF 52:2), ss. 37(1)(2), 43(4)

C9 S. 5 amended (27.8.1993) by 1993 c. 12, ss. 40, 42, 51(2), Sch. 3 Pt. 1 para. 3 (with s. 46)..

Marginal Citations

M2 1967 c. 83.

M3 1877 c. 42.

[F20 5A Byelaws under section 5 for marine environmental purposes. E+W

(1) Any power to make byelaws conferred by section 5 above may be exercised for marine environmental purposes.

(2) The power to make byelaws under section 5 above by virtue of this section is in addition to, and not in derogation from, the power to make byelaws under that section otherwise than by virtue of this section.

(3) Byelaws under section 5 above by virtue of this section shall be submitted for confirmation under section 7 below—

(a) in the case of a byelaw which is to have effect in England, only after consultation with [F21 Natural England];

(b) in the case of a byelaw which is to have effect in Wales, only after consultation with the Countryside Council for Wales.

(4) In this section “ marine environmental purposes ” means the purposes—

(a) of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or

(b) of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.]

Textual Amendments

F20 S. 5A inserted (21.9.1995) by 1995 c. 25, s. 102(5) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

F21 Words in s. 5A(3)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 38; S.I. 2006/2541, art. 2 (with Sch.)

6 Restrictions on power to make byelaws. E+W

Nothing in this Act shall authorise a local fisheries committee to make any byelaw which—

(a) prejudicially affects any right of several fishery, or any right on, to or over any portion of the sea shore, where any such right is enjoyed by any person under any local or special Act of Parliament, or any Royal charter, letters patent, prescription, or immemorial usage, except with the consent of that person, or

(b) affects any byelaw made by a [F22 water authority] and for the time being in force within the district of the committee or restricts the power of such an authority to make any byelaw having effect within that district, or

(c) affects any power of a local authority to discharge sewage in pursuance of any power conferred by a general or local Act of Parliament or by a provisional order confirmed by Parliament.

Textual Amendments

F22 Words substituted by virtue of Water Act 1973 (c. 37), s. 9

7 Confirmation of byelaws. E+W

(1) No byelaw made by a local fisheries committee under this Act shall have effect until confirmed by the Minister.

(2) The Minister may, before confirming any such byelaw, cause such local inquiry as he thinks fit to be held with respect to the byelaw, and may, in any case, confirm the byelaw, either without modification or with such modifications as may be assented to by the local fisheries committee who made the byelaw.

8 Power of Minister to revoke byelaws. E+W

If it appears to the Minister that the revocation of a byelaw made by any local fisheries committee is necessary or desirable for the maintenance or improvement of fisheries [F23 or for marine environmental purposes, within the meaning of section 5A above,] he may, after giving notice to the committee and considering any objection raised by them, and, if so required by them, holding a public inquiry, revoke the byelaw.

Textual Amendments

F23 Words in s. 8 inserted (21.9.1995) by 1995 c. 25, s. 102(6) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

9 Copies and evidence of byelaws. E+W

(1) A local fisheries committee shall cause copies of all byelaws made by them under this Act, and for the time being in force, to be kept posted up in some conspicuous place or places within their district and shall supply copies of all such byelaws to any applicant F24 . . .

(2) The production of a copy of any byelaw made under this Act, purporting to be signed by a secretary or assistant secretary of the Ministry of Agriculture, Fisheries and Food, shall be conclusive evidence of the byelaw and of the due making and confirmation thereof.

Textual Amendments

F24 Words in s. 9(1) repealed (21.5.1993) by S.I. 1993/1116, arts. 1,2.

Modifications etc. (not altering text)

C10 Power to amend s. 9 conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5(1), Sch. 3

C11 Reference to one penny to be read as reference to equivalent amount in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)

10 Appointment and powers of fishery officers. E+W

(1) Subject to any restrictions or conditions as to expenditure made by the council or councils by whom a local fisheries committee is appointed, the committee may appoint such fishery officers as they deem expedient for the purpose of enforcing the observance within their district of byelaws made by the committee, but nothing in this section shall exempt British sea-fishery officers from their statutory duty of enforcing the laws and regulations affecting vessels engaged in sea fishing.

(2) For the purpose of enforcing byelaws made by a local fisheries committee any fishery officer appointed by the committee may within the limits of the district, or of any adjoining sea fisheries district or district under the jurisdiction of a [F25 water authority] or of a harbour authority,—

(a) stop and search any vessel or vehicle used within the district in fishing or in conveying either fish or any substance the deposit or discharge of which is prohibited or regulated by any such byelaw;

(b) examine any instrument used in fishing for fish and search any container used in carrying fish; and

(c) seize any sea fish or instrument taken or used in contravention of any such byelaw.

(3) For the enforcement of the provisions of any such byelaw every such officer shall be deemed to be a constable and to have the same powers and privileges and be subject to the same liabilities as a constable duly appointed has and is subject to at common law or by statute.

(4) A local fisheries committee may, with the consent of any [F25 water authority], appoint as an officer of the committee any officer of that authority; and a [F25 water authority] may, with the consent of a local fisheries committee, appoint as an officer of the authority any officer of that committee.

Textual Amendments

F25 Words substituted by virtue of Water Act 1973 (c. 37), s. 9

Modifications etc. (not altering text)

C12 S. 10: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table I9

C13 S. 10(2)(c) extended by Salmon Act 1986 (c. 62, SIF 52:2), ss. 37(4), 43(4)

11 Penalty for obstructing, etc. fishery officer or contravening byelaws. E+W

(1) If any person without reasonable excuse (proof whereof shall lie on him) refuses to allow a fishery officer to exercise the powers conferred on him by this Act, or resists or obstructs any such officer in the performance of his duty, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F26 level 5 on the standard scale].

(2) Where any vessel is used for fishing in any manner constituting a contravention of any byelaw of a local fisheries committee having effect by virtue of section 5(1)(a) or (b) above, the skipper and the owner of the vessel shall, subject to subsection (3) below, each be guilty of an offence and liable on summary conviction to a fine not exceeding [F26 level 5 on the standard scale].

[F27 (2A) The court by which a person is convicted of an offence under subsection (2) above may order the forfeiture of—

(a) any net or other fishing gear used in committing the offence;

(b) any fish in respect of which the offence was committed]

(3) In any proceedings which by virtue of this section are taken against the owner of a vessel in respect of an offence under subsection (2) above committed by the skipper, it shall be a good defence for the owner to prove that he exercised all due diligence to prevent the commission of that offence.

(4) Subsections (2) and (3) above shall, in relation to any vessel which at the material time is under charter, have effect as if any reference in those subsections to the owner were a reference to the charterer.

(5) Without prejudice to the operation of subsections (2), (3) and (4) above, any person who contravenes any byelaw of a local fisheries committee shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F26 level 5 on the standard scale].

(6) Where any offence under subsection (2) or (5) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(7) Where any offence under subsection (1) or (5) above is committed on the sea coast or at sea beyond the ordinary jurisdiction of a magistrates’ court and not on or from a ship or boat, it shall be deemed to have been committed within the body of any county or borough having a separate commission of the peace which abuts on that sea coast or adjoins that sea, and may be tried and punished accordingly.

Textual Amendments

F26 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F27 s. 11(2A) inserted by Fishery Limits Act 1976 (c. 86), Sch. 1 para. 1(3)

12 Entry of premises on which offence suspected to have been committed. E+W

(1) If a justice of the peace is satisfied by information on oath that there is probable cause to suspect that a breach of a byelaw of a local fisheries committee has been committed on any premises, or that any sea fish or instrument taken or used in contravention of any such byelaw is concealed on any premises, he may grant a warrant to any fishery officer appointed under section 10 above, or any police officer, empowering him to enter and search the premises, at such time or times in the day or night as may be specified in the warrant, for the purpose of detecting the offence or the concealed fish or instrument and to seize any such fish or instrument which may be found on the premises.

(2) A warrant under this section shall not continue in force for more than one week from the date thereof.

Modifications etc. (not altering text)

C14 S. 12 extended by Salmon Act 1986 (c. 62, SIF 52:2), ss. 37(4), 43(4)

13 Other powers of local fisheries committees. E+W

(1) A local fisheries committee may stock or restock any public fishery for shellfish, and for that purpose may incur such expenses as may be sanctioned by the Minister.

(2) A local fisheries committee may, with the approval of the Minister and subject to such conditions as he may impose, undertake, or cause to be undertaken, the destruction of predatory fish, predatory marine animals, predatory birds and eggs of predatory birds, if and so far as such destruction appears to the committee to be desirable for the preservation and improvement of the fisheries within their district and is not illegal under any Act other than the M4 Sea Fish Industry Act 1938.

(3) A local fisheries committee may contribute or undertake to contribute to the expenses of a harbour authority constituted under the M5 Fishery Harbours Act 1915 for a harbour to which that Act applies situate wholly or partly in the district of the committee.

(4) A local fisheries committee may contribute to the payment of the cost of executing works for the maintenance or improvement of any small harbour situate wholly or partly in their district, being a harbour as to which the Minister is satisfied that it is principally used by persons engaged in the sea fishing industry.

In this subsection “harbour” includes any haven, cove or other landing place and “works” includes slipways, capstans and other works facilitating the landing, launching or beaching of vessels in any harbour.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 any local fisheries committee may, within their district, enforce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 Act relating to sea fisheries.

Textual Amendments

F28 Words repealed by Sea Fisheries Act 1968 (c. 77), Sch. 2 Pt. II

Marginal Citations

M4 1938 c. 30.

M5 1915 c. 48.

Miscellaneous and supplemental E+W

14 Returns by local fisheries committees. E+W

Every local fisheries committee shall collect such statistics relating to the sea fisheries within the district of the committee, and make such returns to the Minister as to the proceedings of the committee under this Act and as to the said sea fisheries, as the Minister may reasonably require.

15 Annual meetings of representatives of committees. E+W

At least once in every year the Minister shall convene a meeting composed of not less than one representative selected by each of the local fisheries committees to confer with the heads of the Fisheries Department of his department and for consultative purposes on matters relating to this Act.

16 Payment of travelling expenses incurred by members of committee. E+W

A local fisheries committee may repay to any member of the committee the amount of any travelling expenses necessarily incurred by him—

(a) in attending any meeting of the committee or any meeting convened by the Minister under section 15 above;

(b) in carrying out any inspection necessary for the exercise of the powers, or the discharge of the duties, of the committee;

and any such amount repaid by such committee to any member thereof shall be treated as part of the expenses of the committee.

17 Expenses, etc. of committees. E+W

(1) [F29 The expenses of a local fisheries committee, so far as payable by a county or metropolitan district council, shall according as the order constituting the committee provides, be general or special expenses of the council and if special expenses shall be chargeable on such part only of the council’s area as may be directed by the order.]

(2) Any expenses which such a committee is required by the Minister to incur in the collection of statistics shall be paid out of moneys provided by Parliament.

(3) The accounts of a local fisheries committee which by virtue of section 2(1) above is a joint committee of councils shall be made up yearly to the 31st March.

Textual Amendments

F29 S. 17(1) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(5)

18 Provisions with respect to areas under jurisdiction of river or harbour authorities. E+W

(1) . . . F30 the Minister shall, by the order defining the limits of the sea fisheries district, draw a line at or near the mouth of every river or stream flowing into the sea or into any estuary within those limits or, at the option of the Minister, at or near the mouth of any estuary within those limits, and the sea fisheries district shall not extend into that river, stream or estuary above that line; but the order may provide with respect to that river, stream or estuary that the [F31 water authority] shall have the powers of a local fisheries committee.

(2) Where an area is under the jurisdiction of a [F31 water authority], or of a harbour authority, and an application for the creation of a sea fisheries district comprising that area or any part thereof has not been made or has been refused, the Minister may, if he thinks fit, by order confer on the [F31 water authority] or harbour authority, as the case may be, the powers of a local fisheries committee with respect to that area, and may by a subsequent order revoke or vary any order made under this subsection if the area, or any part thereof, is subsequently comprised in a sea fisheries district.

The power to make orders under this subsection shall be exercisable by statutory instrument.

(3) Where by virtue of this section a [F31 water authority] or harbour authority have the powers of a local fisheries committee, then, subject to [F32 [F33 section 210(2) of the Water Resources Act 1991] (procedure relating to byelaws made by the [F34 Environment Agency)]], those powers shall be exercisable subject to the like conditions as the like powers are exercisable by such a committee and the provisions of this Act shall apply in relation to byelaws made or officers appointed in exercise of any such powers as if the byelaws were made or the officers appointed by a local fisheries committee.

Textual Amendments

F30 Words repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

F31 Words substituted by virtue of Water Act 1973 (c. 37), s. 9

F32 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 5(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F33 Words in s. 18(3) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 16.

F34 Words in s. 18(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 5(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

19 †Council may pay, etc. certain expenses of river authority. E+W

A [F35 county, county borough][F36 or metropolitan district council] may pay, or contribute to the payment of, any expenses incurred by a [F37 water authority] in exercise of their powers under this Act.

Textual Amendments

F35 Words in s. 19 substituted (1.10.1995) by virtue of 1994 c. 19, s. 66(6), Sch. 16 para. 26(4) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/2490, art. 5(1), Sch. 3

F36 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 19(1)(6)

F37 Words substituted by virtue of Water Act 1973 (c. 37), s. 9

Modifications etc. (not altering text)

C15 Unreliable marginal note

C16 S. 19: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table I9

20 Interpretation. E+W

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

• “British sea-fishery officer” means any person who by virtue of section 11 of the M6 Sea Fisheries Act 1883 or of section 25 of the M7 Sea Fish Industry Act 1951 is a British sea-fishery officer;

• “harbour authority” means any person or persons being or claiming to be the owner or owners of a harbour or having the duty of improving, managing, maintaining or regulating a harbour;

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

• “sea” includes the coast up to high water mark;

• “sea fish” means fish of any description found in the sea including shellfish but does not include—

(a) fish of the salmon species, or

(b) trout which migrate to and from the sea;

• “shellfish” includes crustaceans and molluscs of any kind;

• “vessel” includes, ship, boat, lighter and other craft of any kind, whether stationary or navigated by steam or otherwise.

(2) References in this Act to any enactment are references to that Act as amended by or under any other enactment.

Textual Amendments

F38 Definition of “borough” repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C17 Certain functions of Minister of Agriculture, Fisheries and Food now exercisable (W.) by Secretary of State, or Minister and Secretary of State jointly: S.I. 1969/388, art. 3, Sch. 2 Pts. I, II and 1978/272, arts. 2, 4, Schs. 1, 2

Marginal Citations

M6 1883 c. 22.

M7 1951 c. 30.

21 Repeals, revocation, savings and consequential amendment. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(2) In so far as any order, regulations, byelaw or appointment made under any enactment repealed by this Act, or any other thing done under any such enactment, could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by this section but shall have effect as if made or done under that corresponding provision.

(3) Without prejudice to subsection (2) above, any reference in this Act to a thing done under any provision of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done under the corresponding provision of the enactments repealed by this Act.

(4) Any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

(5) For the purpose of determining the punishment (by fine, imprisonment or both) which may be imposed on a person in respect of an offence under any provision of this Act, an offence committed by that person under the corresponding enactment repealed by this Act shall be deemed to have been committed under that provision.

(6) Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section 38 of the M8 Interpretation Act 1889 (which relates to the effect of repeals).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

F39 S. 21(1), Sch. repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F40 S. 21(7) repealed by Prevention of Oil Pollution Act 1971 (c. 60), Sch.

Marginal Citations

M8 1889 c. 63.

22 Citation, commencement and extent. E+W

(1) This Act may be cited as the Sea Fisheries Regulation Act 1966 and shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

(2) This Act shall not extend to Scotland or Northern Ireland.

F41 F41 SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 S. 21(1), Sch. repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI