|
| |
| |
158 | Byelaws: supplementary provision |
| |
(1) | The power to make byelaws under section 155 includes power to make |
| |
different provision for different cases or different circumstances, including (in |
| |
| |
(a) | different parts of an IFC district; |
| 5 |
(b) | different times of the year; |
| |
(c) | different descriptions of sea fisheries resources. |
| |
(2) | The power to make byelaws under section 155 also includes— |
| |
(a) | power to provide for exceptions or conditions; |
| |
(b) | power to provide for a byelaw to cease to have effect after a specified |
| 10 |
| |
(3) | Subject to subsection (5), the provision that may be made by a byelaw under |
| |
section 155 includes provision that prohibits, restricts or otherwise interferes |
| |
with the exercise of a right to which subsection (4) applies. |
| |
(4) | This subsection applies to— |
| 15 |
(a) | any right of several fishery; |
| |
(b) | any right on, to or over any portion of the seashore that is enjoyed by a |
| |
person under a local or special Act, a Royal charter, letters patent, or by |
| |
prescription or immemorial usage. |
| |
(5) | An IFC authority may make a byelaw that prohibits, or significantly restricts |
| 20 |
or interferes with, the exercise of a right to which subsection (4) applies only if |
| |
the person who enjoys the right consents. |
| |
(6) | Subsection (5) does not apply in relation to the exercise of such a right in |
| |
relation to any of the following sites— |
| |
(a) | a site of special scientific interest, within the meaning of Part 2 of the |
| 25 |
Wildlife and Countryside Act 1981 (c. 69); |
| |
(b) | a national nature reserve declared in accordance with section 35 of that |
| |
| |
(c) | a Ramsar site, within the meaning of section 37A of that Act; |
| |
(d) | a European marine site, within the meaning of the Conservation |
| 30 |
(Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716); |
| |
(e) | a marine conservation zone designated by an order under section 116. |
| |
(7) | In this section “specified” means specified in the byelaw. |
| |
159 | Power of Secretary of State to amend or revoke byelaws |
| |
(1) | If the Secretary of State is satisfied that any provision made by a byelaw under |
| 35 |
section 155 is unnecessary, inadequate or disproportionate, the Secretary of |
| |
| |
(a) | revoke the byelaw, or |
| |
(b) | amend the byelaw so as to restrict its application. |
| |
(2) | Before amending or revoking a byelaw under this section, the Secretary of State |
| 40 |
| |
(a) | notify the IFC authority that made the byelaw, and |
| |
(b) | consider any objection made by it. |
| |
| |
| |
|
| |
| |
(3) | Before amending or revoking a byelaw under this section, the Secretary of State |
| |
may cause a local inquiry to be held. |
| |
(4) | An order made under this section must be published in such manner as the |
| |
Secretary of State may by regulations provide. |
| |
(5) | Nothing in this section affects the power of an IFC authority by virtue of |
| 5 |
section 14 of the Interpretation Act 1978 (c. 30) to amend or revoke any byelaw |
| |
| |
| |
(1) | The Secretary of State may make regulations about the procedure to be |
| |
followed by an IFC authority in relation to byelaws. |
| 10 |
(2) | The provision that may be made in regulations under this section includes— |
| |
(a) | provision about steps to be taken, including consultation with persons |
| |
or bodies specified, or of a description specified, in the regulations, |
| |
before a byelaw may be made or revoked; |
| |
(b) | provision about obtaining confirmation of a byelaw; |
| 15 |
(c) | provision about any procedure for making or revoking emergency |
| |
| |
(d) | provision treating a byelaw that extends the period for which an |
| |
emergency byelaw is to remain in force as if it were an emergency |
| |
| 20 |
(e) | provision for and in connection with the publication of byelaws; |
| |
(f) | provision requiring any byelaws made for an IFC district to be |
| |
displayed in that district in such manner as the regulations may specify; |
| |
(g) | provision for copies of byelaws to be supplied to persons on request; |
| |
(h) | provision for and in connection with keeping byelaws under review, |
| 25 |
including provision for and in connection with the consideration of any |
| |
representations made in relation to byelaws; |
| |
(i) | provision about steps to be taken by an IFC authority where a byelaw |
| |
is amended or revoked by the Secretary of State. |
| |
| 30 |
(1) | Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) |
| |
(local inquiries: evidence and costs) apply, with the modifications described in |
| |
subsection (2) of this section, to any inquiry under section 155(5) or section |
| |
159(3) as they apply to inquiries under section 250 of that Act. |
| |
(2) | The modifications are— |
| 35 |
(a) | references in section 250 of the Local Government Act 1972 to the |
| |
person appointed to hold the inquiry are to be read as references to the |
| |
| |
(b) | references in that section to the Minister causing an inquiry to be held |
| |
are to be read as references to the Secretary of State; |
| 40 |
(c) | subsection (3) of that section applies as if for the words from “a fine” to |
| |
the end there were substituted “a fine not exceeding level 1 on the |
| |
| |
(d) | references in subsection (4) of that section to a local authority or a party |
| |
to the inquiry are to be read as references to the IFC authority that made |
| 45 |
the byelaw to which the inquiry relates. |
| |
| |
| |
|
| |
| |
| |
(1) | The production of a signed copy of any byelaw made under section 155 is |
| |
conclusive evidence of the byelaw and of the fact that it has been made and has |
| |
effect in accordance with provision made by or under this Chapter. |
| |
(2) | In subsection (1) “signed” means— |
| 5 |
(a) | in the case of an emergency byelaw, signed by a person who— |
| |
(i) | is a member or officer of the IFC authority that made the |
| |
| |
(ii) | is authorised by the authority for that purpose; |
| |
(b) | in the case of any other byelaw, signed by or on behalf of the Secretary |
| 10 |
| |
(3) | A copy of a byelaw purporting to be signed as mentioned in subsection (2) is |
| |
to be treated as having been properly signed unless the contrary is shown. |
| |
| |
| 15 |
(1) | A person who contravenes any byelaw made under section 155 is guilty of an |
| |
offence under this section. |
| |
(2) | Where any vessel is used in contravention of any byelaw made under section |
| |
155, the master, the owner and the charterer (if any) are each guilty of an |
| |
offence under this section. |
| 20 |
(3) | A person who is guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding £50,000. |
| |
(4) | Proceedings for an offence under this section may be taken, and the offence |
| |
may for all incidental purposes be treated as having been committed, in any |
| |
part of England and Wales. |
| 25 |
(5) | In this section “contravention” includes failure to comply; and “contravene” is |
| |
| |
164 | Powers of court following conviction |
| |
(1) | This section applies where a person is convicted of an offence under section |
| |
| 30 |
(2) | The court by which the person is convicted may order the forfeiture of— |
| |
(a) | any fishing gear used in the commission of the offence; |
| |
(b) | any sea fisheries resources in respect of which the offence was |
| |
| |
(3) | The power conferred by subsection (2) to order the forfeiture of any sea |
| 35 |
fisheries resources includes power to order the forfeiture of any container in |
| |
which the resources are being kept. |
| |
(4) | The court may, instead of ordering the forfeiture of any fishing gear or any sea |
| |
fisheries resources, order the person to pay a sum of money representing the |
| |
value of the fishing gear or resources. |
| 40 |
| |
| |
|
| |
| |
(5) | In a case where the offence involved the breach of a condition of an IFC |
| |
authority permit, the court may— |
| |
(a) | suspend the permit, or |
| |
(b) | disqualify the person from holding or obtaining any IFC authority |
| |
permit relating to any activity to which that permit related, |
| 5 |
| for such period as the court thinks fit. |
| |
(6) | In subsection (5) “IFC authority permit” means a permit granted by an IFC |
| |
| |
| |
165 | Inshore fisheries and conservation officers |
| 10 |
(1) | An IFC authority may appoint persons to be inshore fisheries and conservation |
| |
officers (“IFC officers”). |
| |
(2) | The carrying out of any functions of an IFC officer by a person appointed by an |
| |
IFC authority under this section is subject to any limitations specified by the |
| |
authority in relation to that person. |
| 15 |
(3) | In this Chapter any reference to the IFC district for which an officer has been |
| |
appointed is a reference to the district of the IFC authority that appointed the |
| |
| |
166 | Powers of IFC officers |
| |
(1) | An IFC officer appointed for an IFC district has the powers referred to in |
| 20 |
subsection (3) for the purposes of enforcing— |
| |
(a) | any byelaws made by the authority for the district; |
| |
(b) | sections 1 to 3, 5 and 6 of the Sea Fish (Conservation) Act 1967 (c. 84) |
| |
and any orders made under any of those sections; |
| |
(c) | any provision made by or under an order under section 1 of the Sea |
| 25 |
Fisheries (Shellfish) Act 1967 (c. 83) conferring a right of regulating a |
| |
| |
(d) | any provision of, or any rights conferred by, section 7 of that Act; |
| |
(e) | any byelaws made under section 129 or 132 of this Act; |
| |
(f) | section 140 of this Act. |
| 30 |
(2) | The Secretary of State may by order amend subsection (1). |
| |
| |
(a) | the common enforcement powers conferred by this Act; |
| |
| |
(4) | Subject to subsection (9), the powers which an IFC officer has for the purposes |
| 35 |
referred to in subsection (1) may be exercised— |
| |
(a) | in the IFC district for which the officer has been appointed; |
| |
(b) | in any IFC district adjoining that district; |
| |
(c) | in any other place in England and Wales, in relation to an offence which |
| |
the officer reasonably believes has been committed within the IFC |
| 40 |
district for which the officer has been appointed; |
| |
(d) | in relation to any vessel in waters within British fishery limits, |
| |
excluding the Scottish zone and the Northern Ireland zone, which the |
| |
| |
| |
|
| |
| |
officer reasonably believes has been involved in the commission of an |
| |
offence within the IFC district for which the officer has been appointed; |
| |
(e) | in relation to any vessel or vehicle in Scotland or the Scottish zone |
| |
which has been pursued there in accordance with subsection (5). |
| |
(5) | A vessel or vehicle is pursued in accordance with this subsection if— |
| 5 |
(a) | immediately before the pursuit of the vessel or vehicle commences— |
| |
(i) | the vessel or vehicle is in the IFC district for which the officer |
| |
| |
(ii) | in the case of a vessel operating together with one or more other |
| |
vessels to carry out a single activity, any of those vessels is in |
| 10 |
| |
(b) | before the pursuit of the vessel or vehicle commences, a signal is given |
| |
| |
(c) | the pursuit of the vessel or vehicle is not interrupted. |
| |
(6) | The signal referred to in subsection (5)(b) must be given in such a way as to be |
| 15 |
audible or visible from the vessel or vehicle in question. |
| |
(7) | For the purposes of subsection (5)(c), pursuit is not interrupted by reason only |
| |
| |
(a) | the method of carrying out the pursuit, or |
| |
(b) | the identity of the vessel, vehicle or aircraft carrying out the pursuit, |
| 20 |
| changes during the course of the pursuit. |
| |
(8) | Nothing in this section affects any right of hot pursuit which an IFC officer may |
| |
have under international law. |
| |
(9) | The powers which an IFC officer has for the purposes referred to in subsection |
| |
(1) may not be exercised in relation to any warship belonging to Her Majesty |
| 25 |
and forming part of Her Majesty’s armed forces. |
| |
Other powers and duties of IFC authorities |
| |
167 | Development, etc of fisheries |
| |
(1) | An IFC authority may take such steps as it considers necessary or expedient for |
| |
or in connection with the development of any fishery for any sea fisheries |
| 30 |
| |
(2) | Subject to any provision made by or under any Act, the power conferred by |
| |
subsection (1) includes power to stock or restock a public fishery for any sea |
| |
| |
(3) | Nothing in this Chapter is to be taken as preventing an IFC authority from |
| 35 |
making an application for, or being the grantee of, an order under section 1 of |
| |
the Sea Fisheries (Shellfish) Act 1967 (c. 83) (orders as to fisheries for shellfish). |
| |
168 | Provision of services by IFC authorities |
| |
(1) | An IFC authority may enter into arrangements with another person or body for |
| |
the provision by the authority of services that are required by the person or |
| 40 |
body in connection with the exercise of the person’s or body’s functions. |
| |
(2) | The power conferred by subsection (1) includes— |
| |
| |
| |
|
| |
| |
(a) | power to enter into arrangements with any person who is entitled to a |
| |
right of regulating a fishery conferred by an order under section 1 of the |
| |
Sea Fisheries (Shellfish) Act 1967 (c. 83) for the provision of services that |
| |
are required by the person in connection with the enforcement of any |
| |
provision made by or under the order; |
| 5 |
(b) | power to enter into arrangements with— |
| |
(i) | any person who is entitled to a right of several fishery conferred |
| |
by an order under that section, or |
| |
(ii) | any person who owns a private shellfish bed (within the |
| |
| 10 |
| for the provision of services that are required by the person in |
| |
connection with the enforcement of any provision of, or any rights |
| |
conferred by, section 7 of that Act. |
| |
(3) | The terms and conditions upon which arrangements under subsection (1) are |
| |
made may include provision for the making of payments to the authority by |
| 15 |
the person or body to whom the services are provided. |
| |
| |
The authority for an IFC district must take such steps as it considers |
| |
appropriate to co-operate with— |
| |
(a) | the authority for every IFC district adjoining that district, |
| 20 |
(b) | the Welsh Ministers, in a case where that district adjoins the Welsh |
| |
| |
(c) | any other public authority that exercises functions relating to— |
| |
(i) | the regulation of activities carried on in any part of the sea lying |
| |
| 25 |
(ii) | enforcement in that part of the sea. |
| |
| |
(1) | Every IFC authority must collect such statistics relating to the exploitation of |
| |
sea fisheries resources within its district as it considers necessary for the |
| |
purposes of performing its duty under section 153. |
| 30 |
(2) | Every IFC authority must provide the Secretary of State with such information |
| |
as the Secretary of State may reasonably require about— |
| |
(a) | proceedings of the IFC authority; |
| |
(b) | sea fisheries within the authority’s district; |
| |
(c) | the effect of the exploitation of sea fisheries resources in that district on |
| 35 |
| |
| |
(1) | An IFC authority must keep proper accounts and proper records in relation to |
| |
| |
(2) | The accounts of an IFC authority that by virtue of section 150(3) is a joint |
| 40 |
committee of councils must be made up yearly to 31st March. |
| |
| |
| |
|
