Sea Fish (Conservation) Act 1967

22 Interpretation. U.K.

(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—

• “British-owned”, in relation to a fishing boat, means owned by a person who is (within the meaning of the M1 Merchant Shipping Act 1894) a person qualified to own a British ship, or owned by two or more persons any one of whom is (within the meaning of that Act) a person so qualified;

• “British sea-fishery officer” means any person who by virtue of [F1 section 7 of the M2 Sea 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 M3 Sea 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;

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

• “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, [F2 4A,] 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.

(2) In this Act “the appropriate Minister”, in relation to England . . . F3 , means the Minister of Agriculture, Fisheries and Food [F4 in relation to Wales, means the Secretary of State concerned with the sea fishing industry in Wales], and, in relation to Scotland, means the Secretary of State concerned with the sea fishing industry in Scotland, and “the Ministers”—

(a) except in sections [F5 1(1) and (2)] and 9(1) and (4) of this Act means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland [F6 Wales] and Northern Ireland;

(b) in the said sections [F5 1(1) and (2)] and 9(1) means the Minister of Agriculture, Fisheries and Food and [F7 the Secretaries of State respectively] concerned with the sea fishing industry in Scotland [F8 and Wales];

(c) in the said section 9(4) means the Minister of Agriculture, Fisheries and Food, [F7 the Secretaries of State respectively] concerned with the sea fishing industry in Scotland [F8 and Wales] and the [F9 Department] of Agriculture for Northern Ireland.

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

(4) 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.

Subordinate Legislation Made

P1 S. 22: for previous exercises of this power see Index to Government Orders.

P2 S. 22(2)(a): ss. 5(1) and 15(3) (with ss. 20(1) and 22(2)(a)) power exercised by S.I. 1991/1163.

S. 22(2)(a): ss. 3 and 15(3) (with s. 22(2)(a)) power exercised by S.I. 1991/1380.

S. 22(2)(a): ss. 5(1) and 15(3) (with s. 22(2)(a)) power exercised by S.I. 1991/1473

P3 S. 22(2)(a): S. 5(1) (with ss. 15(3) and 22(2)(a)) power exercised by S.I. 1991/2085

Textual Amendments

F1 Words substituted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 39

F2 “4A,” inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 21(2)(c)

F3 Words repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(a), Sch. 5 Pt. II

F4 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(a)

F5 “1(1) and (2)” substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 19(2)(d)(3)

F6 Word inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(b)

F7 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(c)

F8 Words inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 45(c)

F9 Word substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

Modifications etc. (not altering text)

C1 Certain functions of Minister of Agriculture, Fisheries and Food as “the appropriate Minister” now exercisable (W.) by Secretary of State, or Minister and Secretary of State jointly: S.I. 1978/272, art. 2(1)(4), Sch. 1

C2 Functions of Ministers acting in conjunction now exercisable by Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

Marginal Citations

M1 1894 c. 60.

M2 1968 c. 77.

M3 1966 c. 38.