Fisheries Act 1981

31 Financial assistance. E+W+S

(1) The Ministers may, in accordance with a scheme made by them with the approval of the Treasury, make such grants as appear to them to be desirable for the purpose of reorganising, developing or promoting fish farming in [F1 England and Wales].

(2) In this section “fish farming” means the breeding, rearing or cultivating of fish (including shellfish) for the purpose of producing food for human consumption.

(3) A scheme under this section may be confined to the making of such grants as appear to the Ministers to be requisite for enabling persons to benefit from any Community instrument which provides for the making of grants by a Community institution where such grants are also provided by a member State.

(4) A scheme under this section may extend to [F2 to England, or to Wales, or to both of them.].

(5) In this section “the Ministers” means—

F3 (a) . . .

(b) in relation to a scheme extending to England only or to England together with Wales F4 . . ., that Minister or, as the case may be, that Minister and the Secretary of State concerned with fisheries in Wales F4 . . .;

[F5 (c) in relation to a scheme extending to Wales, the Secretary of State concerned with fisheries in Wales.]

but a scheme made by two or more Ministers may provide for payments under the scheme to be made by any of them.

(6) A scheme under this section shall be laid before Parliament after being made and shall cease to have effect (without prejudice to anything previously done thereunder or to the making of a new scheme) after the expiration of the period of forty days beginning with the day on which it is made unless within that period it has been approved by a resolution of each House of Parliament.

(7) In reckoning any period under subsection (6) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(8) Section 17 above shall have effect in relation to a scheme under this section as it has effect in relation to a scheme under Part II of this Act.

[F6 (9) This section has effect in relation to Scotland with the following modifications (and any other necessary modifications)–

(a) in subsection (1), for “England and Wales” there is substituted “Scotland”, and the words “with the approval of Treasury” are omitted;

(b) subsection (4) is omitted;

(c) in subsection (5), for “(a)” to the end there is substituted “the Scottish Ministers”;

(d) in subsection (6), for “Parliament” and “each House of Parliament” there is substituted “the Scottish Parliament”; and

(e) in subsection (7)–

(i) for “Parliament” there is substituted “the Scottish Parliament”;

(ii) the words “or prorogued” are omitted; F7 . . .

(iii) for “both Houses are” there is substituted “the Scottish Parliament is”][F8 and

(iv) for “adjourned” there is substituted “in recess”.]

Textual Amendments

F1 Words in s. 31(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(6)(a); S.I. 1998/3178, art. 3

F2 Words in s. 31(4) substituted (1.7.1999) by S.I. 1999/1820 art. 4, Sch. 2 Pt. I para. 68(6)(b); S.I. 1998/3178, art. 3

F3 Words in s. 31(5)(a) repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(6)(c)(i), Pt. IV; S.I. 1998/3178, art. 3

F4 Words in s.31(5)(b) repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(6)(c)(ii), Pt. IV; S.I. 1998/3178, art. 3

F5 S. 31(5)(c) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(6)(c)(iii); S.I. 1998/3178, art. 3

F6 S. 31(9) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(6)(d); S.I. 1998/3178, art. 3

F7 Word in s. 31(9) at the end of para.(e)(ii) repealed (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. II para. 10(3)(a), Pt. III (with art. 3)

F8 S. 31(9)(e)(iv) and word preceding it inserted (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. II para. 10(3)(b) Pt. III (with art. 3)