Sea Fish Industry Act 1938

48 Deductions from proceeds of sale of catch

(1) The following section shall be inserted in Part IV of the principal Act as the first of the sections under the heading " Provisions applying to Trawlers " :—

“398A Where the skipper or any other member of the crew of a fishing-boat, being a trawler of twenty-five tons tonnage or upwards, is paid wholly or in part by a share in the catch, any deduction from the amount for which the fish have been sold shall, for the purpose of arriving at the net value of the catch be deemed not to be lawful, unless it is made in accordance with express provisions in that behalf contained in the agreement under which he was engaged, being provisions which specify the item in respect of which the deduction is to be made and the manner in which the amount of the deduction is to be calculated.”

(2) Section four hundred of the principal Act (which prescribes the terms to be contained in every agreement under which a seaman is engaged as a member of the crew of a trawler of twenty-five tons tonnage or upwards) shall have effect as if at the end of subsection (2) of that section there were inserted the following paragraph :—

“(h) in a case where the remuneration of a seaman is wholly or in part by share in the catch, the items in respect of which it is agreed that deductions from the amount for which the fish are sold will be made for the purpose of arriving at the net value of the catch and the manner in which it is agreed that the amounts of any such deductions will be calculated.”