Whaling Industry (Regulation) Act 1934

17 Interpretation, and saving for certain enactments. U.K.

(1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “British ship to which this Act applies” means a British ship which is not registered in—

  (a)

  any of the following Dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, . . . F1 , and [F2 Eire]; or

  (b)

  a territory administered by His Majesty’s Government in any of the Dominions aforesaid; or

  (c)

  India . . . F3 :

• [F4 “ coastal waters ” means—

  (a)

  in relation to the United Kingdom, the Channel Islands and the Isle of Man, so much of the waters adjoining those countries respectively as is within [F5 British fishery limits]; and

  (b)

  in relation to any other country, so much of the waters adjoining that country as is within the distance to which provisions of the law of that country corresponding to the provisions of this Act extend.]

• “factory” does not include a ship;

• “the licensing authority” means—

  (a)

  in relation to a factory situate in England, the [F6 Minister of Agriculture, Fisheries and Food]; or

  (b)

  in relation to a factory situate in Scotland, [F7 the Secretary of State]; or

  (c)

  in relation to a ship, the Board of Trade;

• “master,” in relation to any ship, includes the person for the time being in command or charge of the ship and, in relation to a ship used for treating whales, includes the person for the time being in charge of the operations on board the ship in connection with such treatment;

• “prescribed” means prescribed by regulations of the licensing authority;

• “ship” has the same meaning as in the [F8 Merchant Shipping Act 1995].

(2) The provisions of this Act shall be without prejudice to the provisions of . . . F9 the M1 Whale Fisheries (Ireland) Act 1908.

Textual Amendments

F1 Words repealed by South Africa Act 1962 (c. 23), Sch. 5

F2 Words substituted by virtue of Eire (Confirmation of Agreements) Act 1938 (c. 25), s. 1

F3 Words repealed by Burma Independence Act 1947 (11 & 12 Geo. 6 c. 3), Sch. 2 Pt. I

F4 Definition substituted by Fishery Limits Act 1964 (c. 72), Sch. 1

F5 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 11

F6 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3(3)

F7 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 36(2)

F8 Words in definition of

“ship”

in s. 17(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 14 (with s. 312(1))

F9 Words repealed by Fisheries Act 1981 (c. 29, SIF 52:1), s. 46, Sch. 5 Pt. II

Modifications etc. (not altering text)

C1 S. 17 (Definition of “British ship to which this Act applies”) amended by enactments listed in the Chronological Table of the Statutes, Solomon Islands Act 1978 (c. 15), Sch. para. 5, Tuvalu Act 1978 (c. 20), Sch. 2 para. 5 and S.I. 1978/1030, Sch. para. 7

C2 S. 17(1): definition of “British ship to which this Act applies” amended by S.I. 1981/1105, Sch. para. 7, Belize Act 1981 (c. 52, SIF 26:7A), s. 3(4), Sch. 2 para. 5, S.I. 1983/882, art. 5, Sch. para. 6 and Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 2

Marginal Citations

M1 1908 c. 31.