http://www.legislation.gov.uk/id/ukpga/1968/77

Schedules

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

Section 22(1)

PART 1 AMENDMENTS COMING INTO FORCE ON PASSING OF ACT

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

PART II AMENDMENTS COMING INTO FORCE ON APPOINTED DAY

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

The Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)

X124

In section 1 (citation and construction), for the words “the Sea Fisheries Act 1883” there shall be substituted the words “the Sea Fisheries Act 1968”.

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

In section 6 (returns about sea fisheries) the words “against the Sea Fisheries Act 1883” shall be omitted and at the end there shall be inserted the words “and sections 12(2) and 14 of the Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5, 6 or 10 of that Act”.

X327

After section 6 there shall be inserted the following section—

6A Vicarious liability of master of boat.
Where any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:
Provided that it shall be a defence for the master to prove that he issued proper orders for the observance, and used due diligence to enforce the observance, of the provision of the Act or byelaw contravened and that the offence in question was actually committed by some other person without his connivance.

X428

In section 7 (report of sea-fishery officer concerning compensation), for any reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—

Provided that nothing in the first paragraph of this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.

X529

In section 8 (compensation for damage caused by offence), for the reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—

Provided that nothing in this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.

X630

In section 10 (powers of sea-fishery officers) for the words from “sea” where it first occurs to the end there shall be substituted the words “a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 6 of that Act or any order thereunder”.

The Fisheries Act 1891 (c. 37)

X731

In section 13 (powers of taking legal proceedings) the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by” shall cease to have effect.

The Merchant Shipping Act 1894 (c. 60)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

X834

In section 3 (definition of Sea Fisheries Acts) for the words from “’ Sea Fisheries Acts ’” to “1885” there shall be substituted the words “’ Sea Fisheries Acts’ has the same meaning as in the Sea Fisheries Act 1968”.

The Illegal Trawling (Scotland) Act 1934 (c. 18)

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

The Sea Fish Industry Act 1962 (c. 31)

X936

In section 17(2) (enactments to which the section’s exemption for operations for scientific and other purposes applies) for the words from “any enactment” to “this Act” there shall be substituted the words “section 6 of the Sea Fisheries Act 1968”.

The Sea Fisheries Regulation Act 1966 (c. 38)

X1037

In section 13(5) (powers of local fisheries committees), the words from the beginning to “1883” and from “the provisions” to “and of” and the word “other” shall cease to have effect.

The Sea Fish (Conservation) Act 1967 (c. 84)

X1138

1

Section 15 (powers of British sea-fishery officers) shall be amended in accordance with the following provisions of this paragraph.

2

In subsection (1) the words from the beginning to “1962” shall cease to have effect.

3

For subsections (3) to (7) there shall be substituted the following subsections:—

3
Any such officer may exercise in relation to any fishing boat in any waters adjacent to the United Kingdom and within the fishery limits of the British Islands, and in relation to any 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 Sea 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.
4
An order under this section may make different provision for different cases.
5
Section 10 of the Sea 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.

X1239

In section 22(1), in the definition of “British sea-fishery officer”, for the words from “section 11” to “1951” there shall be substituted the words “section 7 of the Sea Fisheries Act 1968”.

X13SCHEDULE 2 ENACTMENTS REPEALED

Section 22(2).

Annotations:

Editorial Information

X13

The text of ss. 15(2)(7), 22(1)(2), Sch. 1 Pt. II paras. 24, 26–31, 34, 36–39, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

PART I REPEALS COMING INTO FORCE ON PASSING OF ACT

Chapter	Short Title	Extent of Repeal
31 & 32 Vict. c. 45.	Sea Fisheries Act 1868	Section 1.
		In Section 5, the definitions of “person” and “the Irish Fishery Commissioners”.
		Section 67.
		In section 70, the proviso.
25 & 26 Geo. 5. c. 9.	The Herring Industry Act 1935.	In section 14, the definition of “boat”.
		In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words “or commodities produced wholly or partly therefrom” and the words “or such commodities as aforesaid”.
1 & 2 Geo. 6. c. 30.	The Sea Fish Industry Act 1938.	Section 50.
1 & 2 Geo. 6. c. 42.	The Herring Industry Act 1938.	In section 2(1), the words “and a ssistance”.
9 & 10 Geo. 6. c. 11.	The Inshore Fishing Industry Act 1945.	The whole Act.
11 & 12 Geo. 6. c. 51.	The White Fish and Herring Industries Act 1948.	Section 3.
14 & 15 Geo. 6. c. 30.	The Sea Fish Industry Act 1951.	Section 13(3).
1 & 2 Eliz. 2. c. 17.	The White Fish and Herring Industries Act 1953.	In section 1(3), the words “(of whatever size and in whatever way propelled)”.
		Section 2(4).
		Section 13(2) and (3).
5 & 6 Eliz. 2. c. 22.	The White Fish and Herring Industries Act 1957.	Section 1(3A) and (4).
		Section 4.
		In section 5(3), the words “or order”.
		In section 5(4), the words from “and an order” to the end.
		Section 6(2).
8 Eliz. 2. c. 7.	The Sea Fish Industry Act 1959.	Section 1.
10 & 11 Eliz. 2. c. 31.	The Sea Fish Industry Act 1962.	Section 1(4) and (6).
		Section 2.
		In section 3(3), the words “(of whatever size and in whatever way propelled)”.
		Section 3(6).
		Section 31.
		Section 33(3).
		In section 35(5), the words “an d thirty-one”.
		In Schedule 2, paragraphs 18(1), 21(3) and (4), 22(1) and 23.
1966 c. 34.	The Industrial Development Act 1966.	Section 28.
1967 c. 35.	The Fishing Vessel Grants Act 1967.	The whole Act.

PART II REPEALS COMING INTO FORCE ON APPOINTED DAY

Chap ter	Short Title	Extent of Repeal
31 & 32 Vict. c. 45.	The Sea Fisheries Act 1868.	In section 5, the definitions of “Great Britain and Ireland”, “United Kingdom”, “exclusive fishery limits of the British Islands” and “exclusive fishery limits of France”.
		In section 57, the words from “o r under” to “provided)”.
		Section 63.
		In section 65, the second paragraph.
		Section 66.
		In section 70, the words from the beginning to “save as aforesaid”, the words from “the seas adjoining” to “the whole of” and the words from “and to the seas” to “British Islands” in the fourth place where it occurs.
46 & 47 Vict. c. 22.	The Sea Fisheries Act 1883.	The whole Act.
48 & 49 Vict. c. 70.	The Sea Fisheries (Scotland) Amendment Act 1885.	Section 3.
		Section 5.
54 & 55 Vict. c. 37.	The Fisheries Act 1891.	Section 5.
		in section 6(1), the words “as one with the Sea Fisheries Act 1883, and” and the word “also”, and section 6(2).
		In section 13, the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by”.
24 & 25 Geo. 5. c. 18.	The Illegal Trawling (Scotland) Act 1934.	Section 3.
1 & 2 Geo. 6. c. 30.	The Sea Fish Industry Act 1938.	Section 54.
		Section 59.
		Section 61.
		Section 62.
		Section 63(2).
14 & 15 Geo. 6. c. 30.	The Sea Fish Industry Act 1951.	Section 25.
8 Eliz. 2. c. 7.	The Sea Fish Industry Act 1959.	Section 9.
10 & 11 Eliz. 2. c. 31.	The Sea Fish Industry Act 1962.	Section 16.
		Section 18.
		Section 36(1).
1964 c. 72.	The Fishery Limits Act 1964.	Section 1(2).
		Section 2.
		Section 3(2) and (5).
		In Schedule 1 the amendments of the Sea Fisheries Act 1883.
1966 c. 38.	The Sea Fisheries Regulation Act 1966.	In section 13(5), the words from the beginning to “1883” and from “the provisions” to “ and of” and the word “other”.
1967 c. 83.	The Sea Fisheries (Shellfish) Act 1967.	Schedule 2, so far as relating to the Sea Fisheries (Scotland) Amendment Act 1885.
1967 c. 84.	The Sea Fish (Conservation) Act 1967.	In section 15(1), the words from the beginning to “1962”.