Sea Fisheries (Shellfish) Act 1967

4 Licensing powers in case of regulated fishery. E+W+S

(1) This section applies to an order made under section 1 of this Act, being an order which confers a right of regulating a fishery.

(2) The restrictions imposed by an order to which this section applies may include restrictions prohibiting all persons from dredging, fishing for or taking, within the limits of the fishery or of that part of the fishery within which the right is exercisable, shellfish of the description to which the order applies except under the authority of a licence issued in that behalf by the grantees.

(3) Any power to vary an order to which this section applies shall (without prejudice to the generality of that power) include power to vary the order so as to impose restrictions in accordance with subsection (2) of this section.

(4) Where an order to which this section applies (either as originally made or as varied) imposes any such restrictions, then, subject to the provisions of the order and of this section, licences may be issued under the order in such numbers and to such persons, and operative for such periods, and may authorise the dredging, fishing for or taking of shellfish at such times, in such manner and to such extent, as the grantees may determine.

(5) Where in pursuance of such an order the grantees propose to issue licences, they shall, unless they propose to issue licences to all such persons as may apply for them, notify the appropriate Minister of their intention; and the appropriate Minister may give directions to the grantees as to the exercise of their powers under subsection (4) of this section.

(6) If the grantees issue or withhold licences without complying with the requirements of subsection (5) of this section or of any directions given thereunder, then, for the purposes of section 5 of this Act (and without prejudice to the generality of that section) the grantees shall be taken not to be properly carrying into effect the restrictions imposed by the order; but no licence issued in contravention of any such requirements shall be invalid by reason only that it was so issued.

(7) Any licence issued under an order to which this section applies may with the consent of the appropriate Minister be cancelled by the grantees if the person to whom the licence is issued[F1 is convicted ] of an offence of contravening a restriction imposed by the orderF2 ...; but, except as provided by this subsection, a licence so issued shall not be cancelled before it is due to expire unless the person to whom it was issued dies or surrenders the licence.

(8) In this section any reference to the imposition of restrictions includes a reference to the making of regulations.

Textual Amendments

F1 S. 4(7): word "is" substituted (S.) (1.8.2007) by virtue of Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 32(2)(a), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1) (with art. 3); and words in s. 4(7) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 208(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

F2 Words in s. 4(7) repealed (S.) (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 32(2)(b), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1) (with art. 3); and words in s. 4(7) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 208(b), 324(3), Sch. 22 Pts. 5(A); S.I. 2009/3345, art. 2, Sch. para. 9Sch. para. 27(b)