Subject to the provisions of this section and of section 9(1) of this Act, no person shall land in F2England and Wales any sea fish of any description F150which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description by an order of the Ministers.

Subject to the provisions of this section, no person shall, in F2England and Wales, sell, expose or offer for sale or have in his possession for the purpose of sale, any sea fish of any description F149which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description by an order of the Ministers.

Sea fish of any description which do not meet the requirements as to size prescribed in relation to sea fish of that description by an order of the appropriate national authority shall not be carried, whether within or outside relevant British fishery limits, on a relevant British vessel; and an order under this subsection may prohibit the carrying by a Scottish or Northern Ireland fishing boat or a foreign vessel in waters to which subsection (3A) applies of sea fish of any description prescribed by the order which do not meet the requirements as to size so prescribed in relation to sea fish of that description.

This subsection applies to the sea within British fishery limits, other than the Scottish zone and the Northern Ireland zone.

“Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).

F132Different requirements as to size may be prescribed for the purposes of each of the foregoing provisions of this section; and an order under subsection (1) above may prescribe F118different requirements as to size in relation to different areas and in relation to fish of different sexes.

Where an order under subsection (1) above prescribes F108requirements as to size for fish of any description (or of any description and sex), whether generally or in relation to any particular area, then, except so far as provision to the contrary is made by such an order, a person who in F2England and Wales or, as the case may be, in that area lands a part of a fish of that description (or of that description and sex) shall, subject to section 9(1) of this Act, be deemed to contravene subsection (1) above F136if the part does not meet the requirements as to size so prescribed.

An order under this section may confer exemptions from any prohibition imposed by or by virtue of this section; and any such exemption may be general or subject to conditions and may relate to all fish to which the order applies or to fish of any specified description.

Any person who contravenes subsection (1) or (2) above shall be guilty of an offence under that subsection.

If subsection (3) above is contravened in the case of F124 a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat the master, the owner and the charterer (if any) shall each be guilty of an offence under that subsection; and if a prohibition imposed by virtue of that subsection is contravened in the case of a F140foreign vessel, the master shall be guilty of an offence under that subsection.

In this section—

• “the appropriate national authority” means—

  1. a

     in relation to Wales F131or the Welsh zone (within the meaning of the Government of Wales Act 2006), the Welsh Ministers;

  2. b

     in any other case, the Secretary of State;

• “foreign vessel” means any vessel other than a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat;

• “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

• “relevant British vessel” means a vessel, other than a Scottish fishing boat or a Northern Ireland fishing boat, which—

  1. a

     is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or

  2. b

     is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.

Subject to any exemption granted under this section, no person shall in F3England and Wales have in his possession any fish to which this section applies for the purpose of processing or otherwise using it in the course of any business.

This section applies to any fish which under section F41(2) of this Act is prohibited from being sold in F3England and Wales.

Where it appears to an officer authorised in that behalf by the appropriate Minister that any fish which have been caught are fish to which this section applies, the officer may grant to any person such exemption from subsection (1) above as the officer considers requisite to enable the fish to be disposed of.

Any person who contravenes this section shall be guilty of an offence under this section.

The Ministers may make an order for securing that the nets and other fishing gear carried in any F5relevantBritish fishing boat registered in the United Kingdom comply with such requirements as to construction, design, material, or size, including, in the case of nets, size of mesh, as may be prescribed by the order, and an order under this section, or any provisions of such an order, may be framed so as to apply only in relation to fishing for specified descriptions of sea fish, to specified methods of fishing or to fishing in specified areas or during specified periods.

An order under this section may be made so as to extend to nets or other fishing gear carried in any waters adjacent to the United Kingdom and within F5relevantF6British fishery limits by F7Scottish fishing boats or fishing boats registered in any country outside the United Kingdom or not registered in any country.

An order under this section may be made by the appropriate national authority so as to extend to nets or other fishing gear used by any person, otherwise than from a fishing boat, for fishing for or taking sea fish in the sea within the seaward limits of the territorial sea adjacent to England and Wales.

If any order under this section is contravened in the case of any fishing boat, the master, the owner and the charterer (if any) shall each be guilty of an offence under this section.

A person who contravenes an order made under this section by virtue of subsection (2A) above shall be guilty of an offence under this section.

Any restrictions imposed by an order under this section shall be in addition to, and not in substitution for, any restriction imposed by or under any other Act, and nothing in this section shall affect any power conferred by any Act to regulate sea fishing.

Nothing in any F8byelaw, rule, order or regulation made under section 4 of the M1Sea Fisheries (Scotland) Amendment Act 1885, section 6 of the M2Herring Fishery (Scotland) Act 1889 or section 8 of the M3Sea Fisheries Regulation (Scotland) Act 1895F8order made under section 1 of the Inshore Fishing (Scotland) Act 1984, or in any byelaw made, or having effect as if made, under section 5 of the M4Sea Fisheries Regulation Act 1966, or in any regulation made, or deemed to be made, under the M5Fisheries Act (Northern Ireland) 1966, shall be taken to authorise the carrying F120or use of fishing nets in circumstances where the carrying F120or use of those nets would otherwise be unlawful by virtue of an order made under this section.

Where any fishing boat is used in contravention of any prohibition imposed by an order under this section, the master, the owner and the charterer (if any) are each guilty of an offence under this subsection.

An order under this section, if made with the consent of the Treasury given for the purposes of this subsection, may authorise the making of a charge for a licence under this section.

Such an order shall specify a maximum charge and may specify different maxima in relation to different classes of licence.

The conditions subject to which a licence may be granted under this section may differ as between different vessels or between vessels of different descriptions.

A licence containing a condition restricting the time which a vessel may spend at sea may make provision as to the circumstances in which time is, or is not, to count as time spent at sea.

The Ministers shall by order make provision as to the principles on which the time which vessels may spend at sea is to be arrived at for the purposes of any condition included in a licence by virtue of subsection (6)(c) above.

Before considering what action to take under subsection (6C) above, the Ministers shall first give due consideration to a scheme of decommissioning in order to achieve a significant reduction in the capacity of the fishing fleet.

The Minister granting a licence under this section may require the master, the owner and the charterer (if any) of the vessel named in the licence to provide him with such statistical information as he may direct, and a person who fails F14without reasonable excuse to comply with such a requirement is guilty of an offence under this subsection.

The licensing powers conferred by this section may be exercised so as to limit the number of fishing boats, or of any class of fishing boats, engaged in fishing in any area, or in fishing in any area for any description of fish, to such extent as appears to the Ministers necessary or expedient for the regulation of sea fishing.

F107Where subsection (9A) above is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) shall each be guilty of an offence under that subsection.

If a licence is varied, revoked or suspended the Minister who granted it may, if he considers it appropriate in all the circumstances of the case, refund the whole or part of any charge made for the licence.

The Ministers may make arrangements for any of their licensing powers under this section (but not the power to make orders under subsection (1)) to be exercised by other persons on their behalf.

In this section F10relevant“British fishing boat” means a fishing boat F17which is not a Scottish fishing boat andwhich is registered in the United Kingdom or is British-owned, and “foreign fishing boat” means a fishing boat which is not so registered or owned F18and which is not a Scottish fishing boat.

For the purposes of performing the functions conferred by this section there shall be a tribunal to be called the Sea Fish Licence Tribunal.

The Ministers shall by regulations make provision as to the manner in which and the time within which applications under subsection (2) above are to be made; and the quorum and procedure of the tribunal on dealing with an application shall be such as may be determined by or in accordance with regulations made by the Ministers.

If a determination that the licence should be varied is made by, or on appeal from, the tribunal, the Minister who granted the licence shall vary the licence so as to give effect to the determination, and shall make a corresponding variation of any other licence in force in respect of the same vessel.

The tribunal shall consist of members appointed by the Ministers, and the number of members shall be such as the Ministers may determine.

As soon as possible after the end of every period of twelve months ending with 31st March during which it exercises functions under subsection (4) above, the tribunal shall send to the Ministers a report on the exercise of those functions; and the Ministers shall lay a copy of the report before each House of Parliament.

Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Ministers may by order provide that within F21relevant British fishery limits or in any specified area within those limits the receiving by any vessel (whether British or foreign) of fish trans-shipped from any other vessel is prohibited unless authorised by a licence granted by one of the Ministers.

Where any vessel is used in contravention of a prohibition imposed by an order under this section, the master, the owner and the charterer (if any) are each guilty of an offence under this subsection.

An order under this section, if made with the consent of the Treasury given for the purposes of this subsection, may authorise the making of a charge for a licence under this section, and if it does so it shall specify a maximum charge and may specify maxima in relation to different classes of licence.

A licence under this section may authorise the receiving of fish either unconditionally or subject to such conditions as appear to the Minister granting the licence to be necessary or expedient for the regulation of trans-shipment, including conditions as to the treatment on board the vessel of the fish received by it; and different conditions may be so imposed with respect to different vessels or vessels of different descriptions.

If such a condition is broken the master, the owner and the charterer (if any) are each guilty of an offence under this subsection.

The Minister granting a licence under this section may require the master, the owner and the charterer (if any) of the vessel named in the licence and any agent named in the licence to provide him with F22such information, in such form, as he may direct, and a person who fails without reasonable excuse to comply with such a requirement is guilty of an offence under this subsection.

The licensing power conferred by this section may be exercised so as to limit the number of vessels, or of any description of vessel (including vessels or any description of vessel registered in a specified country) engaged in receiving fish to such an extent as appears to the Ministers necessary or expedient for the regulation of trans-shipment.

If a licence is varied, revoked or suspended, the Minister who granted it may, if he considers it appropriate in all the circumstances of the case, refund the whole or part of any charge made for the licence.

The Ministers may make arrangements for any of their licensing powers under this section (but not the power to make orders under subsection (1)) to be exercised by other persons on their behalf.

Regulations under this section may make different provision for different cases.

Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This section shall have effect in relation to offences committed after the end of the period of one month beginning with the day on which the Sea Fish (Conservation) Act 1992 was passed.

Where any fishing boat is used in contravention of any prohibition or restriction imposed by an order under this section, the master, the owner and the charterer (if any) shall each be guilty of an offence under subsection (1) above.

An order under this section restricting the amount of sea fish of any description that may be caught in a period specified in the order may provide that, for the purposes of paragraph (b) of subsection (1) above, any sea fish of that description that, after being caught in that period, is returned to the sea as soon as that amount is exceeded is not to be treated as having been caught in contravention of the restriction imposed by the order.

Orders under this section may make different provision F122for different cases .

Any prohibition F142or restriction imposed by an order under this section may be made so as to have effect either at all times while the order is in force or at such times as (whether by reference to particular months, weeks, days or hours, or to any combination thereof) are specified in the order.

Where an order under this section is made F133by virtue of paragraph (a) of subsection (1) above in respect of a description of sea fish specified in the order, and, in the course of F105fishing in an area so specified and at a time when a prohibition imposed by the order in relation to sea fish of that description has effect in that area, any sea fish of that description (or, if the prohibition applies only to fishing for sea fish of that description by a method specified in the order, any sea fish of that description caught by that method) F134are caught by a person, or taken on board a fishing boat, in contravention of the prohibition , those sea fish shall, subject to section 9 of this Act F26and except where the order otherwise provides, be returned to the sea forthwith.

A person who does not comply with subsection (6) above shall be guilty of an offence under that subsection.

Where subsection (6) above is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) shall each be guilty of an offence under that subsection.

In this section—

• “the appropriate national authority” means—

  1. a

     in relation to Wales F111or the Welsh zone (within the meaning of the Government of Wales Act 2006), the Welsh Ministers;

  2. b

     in any other case, the Secretary of State;

• “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

• “Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).

Any power to make an order under section 5 above may be exercised for marine environmental purposes.

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

The Ministers, after consultation with the F28Secretary of State for Trade, may by order prohibit, in accordance with the provisions of this section, the landing in F29England and Wales and Northern Irelandof sea fish, or any particular description of sea fish, being fish caught in any such waters as may be specified in the order.

The Ministers, after consultation with the Secretary of State for Trade, may by order prohibit, in accordance with the provisions of this section, the trans-shipment within F31relevant British fishery limits of sea fish, or any particular description of sea fish, being fish caught in any such waters as may be specified in the order.

Without prejudice to subsection (2) above, any prohibition imposed by an order under this section may be imposed subject to such exceptions as may be specified in the order.

Where an order is made under this section the enactments relating to customs shall apply accordingly, but no steps shall be taken under those enactments for the purposes of this section by any officer of customs and excise except at the request of an officer of the Ministry of Agriculture, Fisheries and Food, the F32. . . the F33Department of Agriculture for Northern Ireland F34or of a member of the staff of the Scottish Administration, as the case may be.

If any sea fish are landed from a vessel in contravention of an order under this section, the master, the owner and the charterer (if any) of the vessel shall each be guilty of an offence F35under this subsection.

In this and the next following section “sea fish” includes salmon and migratory trout.

Any British sea-fishery officer may serve on the master of any vessel a notice in writing under the hand of the officer requiring the master to make, on each occasion when any sea fish are about to be landed in F37 England and Wales or Northern Ireland from that vessel while F38any order under section 6(1) of this Act is in force, a written declaration that those sea fish are not sea fish the landing of which is prohibited by the order, and to deliver the declaration, before any of the sea fish are landed, to such person, or at such place, in the port of landing as may be specified in the notice:

Where any sea fish are brought to land in F37England and Wales or Northern Ireland in any vessel, any British sea-fishery officer may, at any time before the vessel next puts out to sea, request the master to make, in respect of any of those sea fish which have been, or are being, or are about to be, landed from the vessel while F38any order under section 6(1) of this Act is in force a written declaration that the sea fish in question are not sea fish the landing of which is prohibited by the order, and to deliver the declaration to the officer or to such person, or at such place, in the port of landing as he may designate.

Nothing in this subsection shall be taken to affect the operation of subsection (1) above.

Any British sea-fishery officer may serve on the master of any vessel a notice in writing under the hand of the officer requiring the master to make, on each occasion when any sea fish are about to be trans-shipped within F40relevant British fishery limits from that vessel while an order under section 6(1A) of this Act is in force, a written declaration that those sea fish are not sea fish the trans-shipment of which is prohibited by the order, and to deliver the declaration, before any of the sea fish are trans-shipped, to the officer or to such other person or at such place as may be specified in the notice and as appears to the officer to be reasonable in the circumstances:

Where any sea fish have been or are being trans-shipped, or where a British sea-fishery officer has reasonable grounds for believing that any sea fish are about to be trans-shipped, within F40relevant British fishery limits from any vessel while an order under section 6(1A) of this Act is in force, any such officer may request the master of the vessel to make and deliver to the officer a written declaration that the sea fish in question are not sea fish the trans-shipment of which is prohibited by the order.

Nothing in this subsection shall be taken to affect the operation of subsection (2A) above.

A notice under subsection (1) F42or (2A) above relating to any vessel may be addressed to “The Master” of the vessel (identifying it by name or otherwise) and shall be deemed to be duly served if it is delivered or sent by post to, or to the agent of, the owner or the charterer (if any) of the vessel, together with a written request that it be transmitted to the master, and, if the notice is served by being so delivered or sent as aforesaid, it shall be deemed to be served on the master of the vessel for the time being and on every other person who at any material time thereafter is the master of the vessel.

Any order under this section may contain such provisions as appear to the F43Secretary of State for Trade after consultation with the Ministers, to be necessary for securing the due operation and enforcement of the scheme of regulation contained in the order.

An order under this section regulating the landing of sea fish shall not be made unless it appears to the F43Secretary of State for Trade, after consultation with the Ministers, that there have been, or are being, taken all such steps (if any) as are practicable and necessary for the efficient reorganisation of that branch of the sea fishing industry of F44England and Wales and Northern Ireland or of that branch of the fish curing industry in F44England and Wales and Northern Ireland, as the case may be, in whose interests the order is proposed to be made.

In deciding whether or not to make an order under this section, and in settling the terms of any such order, the F43Secretary of State for Trade shall, among other considerations, have regard to the interests of consumers of the sea fish to which the order relates (including persons who purchase such sea fish for the purpose of subjecting them to any treatment or process of manufacture) and to the effect which the regulation of the landing of such sea fish in F44England and Wales and Northern Ireland is likely to have upon commercial relations between the United Kingdom and other countries; and the F43Secretary of State for Trade shall not make such an order unless they are satisfied that it is not at variance with any treaty, convention or agreement for the time being in force between Her Majesty and any foreign power or between Her Majesty’s Government in the United Kingdom and the government of any other country.

Nothing in section F471(1) or (5) of this Act shall restrict the landing of fish taken in the course of fishing operations which, under the authority of one of the Ministers, are conducted for the purpose of scientific investigation.

Nothing in section 1(3) of this Act or in any order made under section 3 thereof shall apply in relation to fishing operations which, under the authority of one of the Ministers, are conducted for the purpose of scientific investigation or for the purpose of transplanting fish from one fishing ground to another.

Neither a prohibition imposed by an order under section 5 of this Act, nor the obligation imposed by subsection (6) of that section, shall apply in relation to fishing operations conducted under the authority of one of the Ministers for either of the purposes mentioned in subsection (2) above.

No enactment to which this subsection applies, and no order or byelaw made (whether before or after the passing of this Act) under any such enactment, shall restrict the carrying on of any operations which, under the authority of one of the Ministers, are conducted for the purpose of scientific investigation, or for the purpose of transplanting sea fish from one fishing ground to another, or shall restrict the landing of sea fish caught in the course of any such operations.

Subsection (4) above applies to sections 4 , F484A, 5, 6 and 8 of this Act and to any other enactment which provides for regulating the catching or landing of sea fish.

Subsection (4) above shall have effect in addition to, and not in derogation of, subsections (1), (2) and (3) above and any express saving or exemption contained in such other enactment as is referred to in subsection (5) above or in any order or byelaw made under an enactment to which the said subsection (4) applies.

The Secretary of State may make regulations with respect to applications to the Marine Management Organisation for authority under this section.

The power to make regulations under this section shall be exercisable by statutory instrument.

A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this section “sea fish” includes salmon and migratory trout.

Any person guilty of an offence under section 1, 3, 4(3) F115, (6) or (9A)F115or (6), 4A(3) or (6), 5(1) or (6) or 6 of this Act shall, subject to F135subsection (5)F135subsection (4) below, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed or, in the case of an offence under section 3, the fish caught with the net or other fishing gear in respect of which the contravention constituting the offence occurred.

A person shall not be liable to a fine under subsection (3) above in respect of an offence if, under subsection (2) above, the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under subsection (3) above in respect of any offence, the court shall not have power under subsection (2) above to order the forfeiture of the fish in respect of which the offence was committed.

Subject to subsection (4) above, any fine to which a person is liable under subsection (3) above in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this section or under any other enactment.

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

In this section “relevant offence” means an offence under any provision of sections 1 to 6 of this Act.

A local fisheries committee may take proceedings in respect of any contravention of section 1, 2 or 3 of this Act occurring within the district of the committee.

For the purposes of subsection (1) above, in so far as it applies to a contravention of the said section 1 or 2, the district of a local fisheries committee shall be deemed to extend throughout the area of any council liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by that subsection on the committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of the council of any county borough or F52district.

F54. . . every British sea-fishery officer shall have the powers conferred by the following provisions of this section.

Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000.

Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20,000.

Any such officer may exercise in relation to any fishing boat in any waters adjacent to the United Kingdom and within F59relevantF60British fishery limits and in relation to any F59relevant British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere outside those limits, such of the powers of a British sea-fishery officer under section 8(2) to (4) of the M6Sea Fisheries Act 1968 as may be conferred on him by order of the Ministers, being powers which the Ministers consider necessary for the enforcement of any of the provisions of sections 1 to 7 of this Act or any order made under any of those sections.

An order under this section shall not permit anything which is required to be carried on board the boat by a condition included in a licence by virtue of section 4(6) or 4A(6) of this Act to be seized and detained except while the boat is detained in a port.

An order under this section may make different provision for different cases.

Section 10 of the M7Sea Fisheries Act 1968 shall apply in relation to the provisions of an order under this section and the powers thereby conferred as they apply in relation to section 8 of that Act and the powers thereby conferred; and, in relation to an offence under the said section 10 as it applies by virtue of this subsection, sections 12 to 14 of that Act shall apply accordingly.

Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000.

Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20,000.

For the purposes of this section the district of a local fisheries committee shall be deemed to extend throughout the area of any council liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by this section on the committee or any officer thereof shall not be exercisable in respect of any matter arising within the limits of any market under the control of the council of any county borough or F63district.

An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by this section if the court is satisfied that the act was done in good faith and there were reasonable grounds for doing it.

Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), or on landing salmon or migratory trout at a place within that district, the provisions of articles 56 to 61 and 63(3) and (4) of that Order (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Order.

Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district salmon fishery board within the meaning of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), or on landing salmon or migratory trout at a place within such a district as aforesaid, the provisions of sections 52, 53, 54, 55, 57, 58 and 60(3) and (4) of that Act (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Act.

Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), or on landing salmon or migratory trout at a place within that district, the provisions of articles 56 to 61 and 63(3) and (4) of that Order (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Order.

Any expenses incurred under section 8 of this Act by the F76Secretary of State for Trade for the purpose of regulating the landing of sea fish in the United Kingdom, and any expenses incurred by the Ministers under section 10 of this Act, shall be defrayed out of moneys provided by Parliament.

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

Any power conferred by this Act to make an order includes power to vary or revoke the order by a subsequent order.

Any power conferred by section 1, 3, 4, F784A, 5, 6, 8 or 15 of this Act to make an order shall be exercisable by statutory instrument.

A statutory instrument containing an order made under the said section 1, 3 or 8, and a statutory instrument containing an order made under the said section 15 in relation to the said section 1 or 3 or an order thereunder, shall be laid before Parliament.

A statutory instrument containing an order made under the said section 8 shall cease to have effect on the expiration of a period of twenty-eight days beginning with the date on which it is made unless before the expiration of that period it has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done under the instrument or to the making of a new statutory instrument.

In reckoning for the purpose of this subsection any period of twenty-eight days, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which the House of Commons is adjourned for more than four days.

A statutory instrument containing an order made under section 4, F784A, 5 or 6 of this Act, and a statutory instrument containing an order made under section 15 thereof in relation to any of those sections or an order thereunder, except a statutory instrument to which F79subsection (5A) or (6) below applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A principle of the kind to which subsection (5B) below applies shall not be included in any order under section 4(6C) of this Act which makes provision for principles of any other kind; but any statutory instrument containing a separate order providing for a principle of that kind shall not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

This subsection applies to a principle providing for a reduction in the time which all vessels, or all vessels of any specified description, may spend at sea during any period by comparison with the time which they, or vessels of that description, were permitted to spend (or spent or were treated as spending) during a specified previous period (making any necessary adjustment where the periods are of different lengths); and for this purpose “description” means description framed by reference to size of vessel, method or area of fishing or description of fish.

Where an order under section 5(1) of this Act is made so as to have effect in relation to salmon or migratory trout (whether it is made so as to have effect in relation to any other description of fish or not), then, if the order contains a statement in accordance with subsection (3) of that section, the statutory instrument containing the order shall be of no effect unless it is approved by a resolution of each House of Parliament.

As soon as may be after the making of any of the following orders, that is to say, an order under section 1, 3, 6 or 8 of this Act and an order under section 15 thereof relating to the said section 1 or 3 or an order thereunder, the authority making the order shall, in such manner as that authority thinks best for informing persons concerned, publish a notice stating that the order has been made and specifying the place where copies of the order may be purchased.

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—

• F82“British-owned”, in relation to a fishing boat, means owned by a person who is for the purposes of Part II of the Merchant Shipping Act 1995 a person qualified to own a British ship, or owned by two or more persons any one of whom is for those purposes a person so qualified;

• “British sea-fishery officer” means any person who by virtue of F83section 7 of the M13Sea Fisheries Act 1968 is a British sea-fishery officer;

• “fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing or (except in section 5 and except in section 15 in so far as that section applies to sections 5 and 6 of this Act and orders made under those sections) the sea fishing service;

• “the Fishmongers’ Company” means the wardens and commonalty of the Mystery of Fishmongers in the City of London;

• “local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the M14Sea Fisheries Regulation Act 1966;

• “market authority” means any person having power to regulate a market;

• “master” includes, in relation to any vessel, the person for the time being in command or charge of the vessel;

• “migratory trout” means trout which migrate to and from the sea;

• “processing” (in relation to fish) includes preserving or preparing fish, or producing any substance or article from fish, by any method for human or animal consumption;

• F84“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;

• F85“relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone;

• “salmon” includes any fish of the salmon species:

• F86“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;

• F87“the Scottish zone” has the same meaning as in the Scotland Act 1998;

• “sea fish” means fish, whether fresh or cured, of any kind found in the sea, including shellfish, and any parts of any such fish but (except in sections 4, F884A, 5, 6, 7 and 9) does not include salmon or migratory trout;

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

• “vessel” includes any ship or boat or any other description of vessel used in navigation.

Anything which is required or authorised under this Act to be done by the Ministers shall be done by the Ministers acting in conjunction.

Any reference in this Act to a class is a reference to a class defined or described by reference to any circumstances whatsoever (whether or not relating to fishing or vessels).

Except in so far as the context otherwise requires, references in this Act to any enactment are references to that enactment as amended by or under any other enactment.

This Act has effect in relation to Scotland with the following modifications (and any other necessary modifications).

In sections 4 and 4A any reference to one of the Ministers or any reference (however expressed) to the Minister who grants or has granted the licence shall be construed as a reference to the Scottish Ministers.

In sections 4(4) and 4A(4) the words from “if made” to “subsection” are omitted.

In section 4B(4) for “either House of Parliament” there is substituted “the Scottish Parliament”.

In section 6(1) and (1A), the words “after consultation with the Secretary of State for Trade” are omitted.

In section 9(1) to (4), for “one of the Ministers”, wherever those words appear, there is substituted “Scottish Ministers”.

In subsection (3), at the end there is inserted “; but this subsection shall not apply to Scotland”.

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Sections 6 and 7 of this Act shall not apply to the landing of salmon or migratory trout in Northern Ireland.

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An Order in Council under subsection (1) or (2) of this section may be varied or revoked by a subsequent Order thereunder.

The Acts specified in the Schedule to this Act shall be repealed to the extent specified in the third column of that schedule.

In so far as any order, Order in Council, notice or licence made, given or granted under any enactment repealed by this Act, or any other thing done under any such enactment, could have been made, given, granted 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, given, granted or done under that corresponding provision.

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.

Where any Act or any document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

For the purpose of determining the punishment (by fine, imprisonment, forfeiture or any one or more of them) 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.

Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section 38 of the M15Interpretation Act 1889 (which relates to the effect of repeals).

In section 10 of the M16White Fish and Herring Industries Act 1948 (which defines “the Ministers”) for the words “the last mentioned Secretary of State” there shall be substituted the words “the Secretary of State concerned with the sea-fishing industry in Northern Ireland”.