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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

107

 

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

particular)—

(a)   

different parts of an IFC district;

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(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

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period.

(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—

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(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

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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

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Wildlife and Countryside Act 1981 (c. 69);

(b)   

a national nature reserve declared in accordance with section 35 of that

Act;

(c)   

a Ramsar site, within the meaning of section 37A of that Act;

(d)   

a European marine site, within the meaning of the Conservation

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(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

State may by order—

(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

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must—

(a)   

notify the IFC authority that made the byelaw, and

(b)   

consider any objection made by it.

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

108

 

(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

that it has made.

160     

Byelaws: procedure

(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;

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(c)   

provision about any procedure for making or revoking emergency

byelaws;

(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

byelaw;

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(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,

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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.

161     

Inquiries

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(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—

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(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

Secretary of State;

(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;

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(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

standard scale”;

(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

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the byelaw to which the inquiry relates.

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

109

 

162     

Evidence of byelaws

(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

byelaw, and

(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

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of State.

(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.

Offences

163     

Offences

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(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.

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(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.

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(5)   

In this section “contravention” includes failure to comply; and “contravene” is

to be read accordingly.

164     

Powers of court following conviction

(1)   

This section applies where a person is convicted of an offence under section

163.

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(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

committed.

(3)   

The power conferred by subsection (2) to order the forfeiture of any sea

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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.

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Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

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(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

authority.

Enforcement

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

officer.

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

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Fisheries (Shellfish) Act 1967 (c. 83) conferring a right of regulating a

fishery;

(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.

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(2)   

The Secretary of State may by order amend subsection (1).

(3)   

The powers are—

(a)   

the common enforcement powers conferred by this Act;

(b)   

the powers conferred by sections 259, 263, 264 and 279.

(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

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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

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

111

 

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

has been appointed, or

(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

that district,

(b)   

before the pursuit of the vessel or vehicle commences, a signal is given

for it to stop, and

(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

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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

of the fact that—

(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

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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

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resources.

(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

fisheries resources.

(3)   

Nothing in this Chapter is to be taken as preventing an IFC authority from

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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—

 
 

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities

112

 

(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

meaning of that Act),

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

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the person or body to whom the services are provided.

169     

Duty of co-operation

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,

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(b)   

the Welsh Ministers, in a case where that district adjoins the Welsh

inshore region, and

(c)   

any other public authority that exercises functions relating to—

(i)   

the regulation of activities carried on in any part of the sea lying

within that district, or

25

(ii)   

enforcement in that part of the sea.

170     

Information

(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.

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(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

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the marine environment.

171     

Accounts

(1)   

An IFC authority must keep proper accounts and proper records in relation to

the accounts.

(2)   

The accounts of an IFC authority that by virtue of section 150(3) is a joint

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committee of councils must be made up yearly to 31st March.

 
 

 
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