Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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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
113

172
Annual plan
(1)
Before the beginning of each financial year every IFC authority must make and
publish a plan setting out the authority’s main objectives and priorities for the
year.
(2)
The IFC authority must send a copy of its plan to the Secretary of State.
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173
Annual report
(1)
As soon as is reasonably practicable after the end of each financial year, every
IFC authority must prepare a report on its activities in that year.
(2)
A report under this section must be in such form and contain such information
as the Secretary of State may require.
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(3)
A report under this section must be published in such manner as the Secretary
of State may require.
(4)
The IFC authority must send a copy of the report to the Secretary of State.
174
Supplementary powers
(1)
An IFC authority may do anything which appears to it to be necessary or
15
expedient for the purpose of or in connection with the exercise of any of its
other functions.
(2)
In particular it may—
(a)
acquire or dispose of land or other property;
(b)
enter into arrangements with other IFC authorities for the
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establishment of a body to co-ordinate the activities of those authorities
which are party to the arrangements.
(3)
But an IFC authority has no power to borrow money.
Miscellaneous and supplemental
175
Expenses of IFC authorities
25
(1)
The expenses incurred by the authority for an IFC district are to be defrayed by
the relevant council or councils.
(2)
Where there is more than one relevant council for an IFC district, each council
must pay such portion of the expenses incurred by the authority for the district
as is specified in, or determined in accordance with, the order establishing the
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district.

The order may provide for the portion of the expenses payable by a relevant
council to be calculated by reference to any circumstances whatsoever.
(3)
Accordingly, section 103 of the Local Government Act 1972 (c. 70) (expenses of
joint committees) does not apply in relation to an IFC authority.
35
(4)
The total amount of an IFC authority’s expenses to be defrayed under
subsection (1) for any particular financial year may be vetoed by a vote of those
members of the IFC authority who are members of a relevant council.

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
114

176
IFC authority as party to proceedings
An IFC authority is capable (despite being an unincorporated body) of—
(a)
making contracts;
(b)
bringing proceedings under this Act in its own name;
(c)
bringing or defending any other proceedings in its own name.
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177
Exemption from liability
(1)
No person who is a member or employee of an IFC authority is to be liable for
anything done (or omitted to be done) in, or in connection with, the discharge
or purported discharge of the authority’s functions.
(2)
Subsection (1) does not apply if the act or omission is shown to have been in
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bad faith.
(3)
The reference in subsection (1) to an employee of an IFC authority does not
include any IFC officer acting as such an officer.

(For provision exempting such officers from liability, see section 286.)
178
Report by Secretary of State
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(1)
As soon as is reasonably practicable after the end of every relevant four-year
period, the Secretary of State must lay before Parliament a report about the
conduct and operation of the authorities for any IFC districts in existence
during the whole or part of that period.
(2)
In this section “relevant four-year period” means—
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(a)
the period of four years beginning with the day on which the Secretary
of State first made an order under section 149;
(b)
each subsequent period of four years.
179
Minor and consequential amendments
Schedule 14 (which contains minor and consequential amendments relating to
25
IFC authorities) has effect.
180
Application to the Crown
(1)
This Chapter is binding on the Crown and applies in relation to any Crown
land as it applies in relation to any other land.

This is subject to subsection (2).
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(2)
No contravention by the Crown of any provision of this Chapter is to make the
Crown criminally liable; but the High Court may declare unlawful any act or
omission of the Crown which constitutes such a contravention.
(3)
Despite subsection (2), the provisions of this Chapter apply to persons in the
public service of the Crown as they apply to other persons.
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(4)
For the purposes of this section “Crown land” means land an interest in
which—
(a)
belongs to Her Majesty in right of the Crown or in right of Her private
estates,
(b)
belongs to Her Majesty in right of the Duchy of Lancaster,
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Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 2 — Local fisheries committees
115

(c)
belongs to the Duchy of Cornwall, or
(d)
belongs to a government department or is held in trust for Her Majesty
for the purposes of a government department.
(5)
In this section references to Her Majesty’s private estates are to be construed in
accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
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181
Interpretation of this Chapter
(1)
In this Chapter—
“authority for an IFC district” is to be read in accordance with section
150(2);
“IFC authority” means an inshore fisheries and conservation authority
10
(see section 150);
“IFC district” means an inshore fisheries and conservation district (see
section 149);
“IFC officer” means an inshore fisheries and conservation officer (see
section 165);
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“local authority area” means—
(a)
a county, a London borough or a metropolitan district,
(b)
a non-metropolitan district comprised in an area for which
there is no county council,
(c)
the City of London, or
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(d)
the Isles of Scilly;
“the marine environment” includes—
(a)
geological or physiographical features of marine or coastal
areas;
(b)
features of archaeological or historic interest in such areas;
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(c)
flora and fauna which are dependent on, or associated with, a
marine or coastal environment;
“master” includes, in relation to any vessel, the person for the time being
in command or charge of the vessel;
“relevant council”, in relation to an IFC district, means the council for a
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local authority area falling within the district;
“sea fisheries resources” has the meaning given by section 153;
“seashore” means the shore and bed of the sea;
“shellfish” includes crustaceans and molluscs of any kind;
“vessel” includes any ship or boat or any other description of vessel used
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in navigation.
(2)
Any reference in this Chapter to the exploitation of sea fisheries resources is to
be read in accordance with section 153(12).
Chapter 2
Local fisheries committees
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182
Abolition of local fisheries committees
The Sea Fisheries Regulation Act 1966 (c. 38), which provides for the
establishment of sea fisheries districts and local fisheries committees, is
repealed.

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 2 — Local fisheries committees
116

183
Power to make consequential or transitional provision, etc
(1)
The appropriate national authority may by order make such incidental,
consequential, supplemental or transitional provision or savings as appear to
the authority to be necessary or expedient in consequence of the repeal of the
Sea Fisheries Regulation Act 1966 (c. 38) (“the 1966 Act”).
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(2)
The provision that may be made by an order under this section includes—
(a)
provision for and in connection with the transfer of any staff, property,
rights or liabilities of a local fisheries committee to such bodies or
persons (including the authority making the order) as may be specified;
(b)
provision about byelaws made by a local fisheries committee or a body
10
having the powers of such a committee, including—
(i)
in so far as any provision of any such byelaw in force at the time
of the making of the order could have been made under some
other enactment, provision for that provision to have effect as if
comprised in subordinate legislation made by a specified body
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or person under that enactment;
(ii)
provision as to the area to which any provision having effect by
virtue of sub-paragraph (i) applies;
(c)
provision about the local fisheries committee for any sea fisheries
district lying partly in England and partly in Wales, including—
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(i)
provision for that part of the district lying in England or (as the
case may be) Wales to be treated as if it were a sea fisheries
district created under section 1 of the 1966 Act, and
(ii)
provision for the committee to continue in being as a local
fisheries committee for the district established by virtue of sub-
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paragraph (i), with such changes to its constitution as appear to
the authority making the order to be necessary or expedient;
(d)
provision amending, repealing or revoking any provision of this Act or
any other enactment passed or made before, or in the same Session as,
this Act.
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(3)
The provision that may be made by virtue of subsection (2)(a) includes—
(a)
provision for the transfer of any property, rights or liabilities to have
effect subject to exceptions or reservations specified in, or determined
in accordance with, the order;
(b)
provision for the transfer of any property, rights or liabilities, whether
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or not otherwise capable of being transferred or assigned, including
any rights conferred by an order made under section 1 of the Sea
Fisheries (Shellfish) Act 1967 (c. 83);
(c)
provision for an order under this section providing for the transfer of
property, rights or liabilities to have effect in spite of any provision (of
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whatever nature) which would prevent or restrict the transfer of the
property, rights or liabilities otherwise than by the order.
(4)
The reference in subsection (2)(a) to property of a local fisheries committee
includes a reference to—
(a)
any property held on behalf of such a committee;
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(b)
any property of a relevant local authority held for the purposes of such
a committee.
(5)
In subsection (2)(d) “enactment” includes an enactment comprised in
subordinate legislation.

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 3 — Inshore fisheries in Wales
117

(6)
In this section—
“appropriate national authority” means—
(a)
in relation to sea fisheries districts in England, or any part of a
sea fisheries district lying in England, the Secretary of State;
(b)
in relation to sea fisheries districts in Wales, or any part of a sea
5
fisheries district lying in Wales, the Welsh Ministers;
“England” includes the English inshore region;
“local fisheries committee” means a local fisheries committee constituted
by an order made, or having effect as if made, under section 1 of the
1966 Act;
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“relevant local authority” means—
(a)
in the case of a local fisheries committee that is a committee of a
county, county borough or metropolitan district council, that
council;
(b)
in the case of a local fisheries committee that is a joint committee
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of two or more such councils, any of those councils;
“specified” means specified in the order;
“Wales” includes the Welsh inshore region.
Chapter 3
Inshore fisheries in Wales
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184
Power of Welsh Ministers in relation to fisheries in Wales
(1)
Subject to subsection (2), the Welsh Ministers may by order make any
provision in relation to Wales which the authority for an IFC district may make
for that district by a byelaw made under section 155.
(2)
To the extent that the Welsh Ministers have power, apart from this section, to
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make provision of the kind referred to in subsection (1) (whether by order or
otherwise), subsection (1) does not apply.
(3)
In this section—
“authority for an IFC district” has the same meaning as in Chapter 1 of this
Part;
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“Wales” has the same meaning as in the Government of Wales Act 2006
(c. 32).
185
Offences
(1)
A person who contravenes any provision of an order made under section 184
is guilty of an offence under this section.
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(2)
Where any vessel is used in contravention of any provision of an order made
under section 184, the master, the owner and the charterer (if any) are each
guilty of an offence under this section.
(3)
A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding £50,000.
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(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.

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 3 — Inshore fisheries in Wales
118

(5)
No contravention by the Crown of this section is to make the Crown criminally
liable; but the High Court may declare unlawful any act or omission of the
Crown which constitutes such a contravention.
(6)
Despite subsection (5), this section applies to persons in the public service of
the Crown as it applies to other persons.
5
(7)
In this section “contravention” includes failure to comply; and “contravene” is
to be read accordingly.
186
Powers of court following conviction
(1)
This section applies where a person is convicted of an offence under section
185.
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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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(5)
In a case where the offence involved the breach of a condition of a permit
granted by the Welsh Ministers, the court may—
(a)
suspend the permit, or
(b)
disqualify the person from holding or obtaining any such permit
relating to any activity to which that permit related,
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for such period as the court thinks fit.
(6)
In this section “sea fisheries resources” has the same meaning as in Chapter 1
of this Part (see section 153).
187
Power to provide services for purposes of enforcement
(1)
The Welsh Ministers may—
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(a)
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;
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(b)
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),
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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.

Marine and Coastal Access Bill [HL]
Part 7 — Fisheries
Chapter 1 — The Sea Fish (Conservation) Act 1967
119

(2)
The terms and conditions upon which arrangements under subsection (1) are
made may include provision for the making of payments to the Welsh
Ministers by the person or body to whom the services are provided.
188
Miscellaneous amendments
(1)
Section 2 of the Coast Protection Act 1949 (c. 74) (constitution of coast
5
protection boards) is amended as set out in subsections (2) and (3).
(2)
In subsection (2), after paragraph (b) insert—
“(ba)
the Welsh Ministers, in relation to any powers or duties they
have in relation to fishing and fisheries in any part of the area;”.
(3)
In subsection (8)(a), after “Sea Fish Industry Act 1951,” insert “or the Welsh
10
Ministers,”.
(4)
In section 27(1) of the Wildlife and Countryside Act 1981 (c. 69) (interpretation
of Part 1), in paragraph (c) of the definition of “authorised person”, for “by any”
substitute “by—
(i)
the Welsh Ministers, in relation to things done
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for purposes relating to fishing or fisheries in the
Welsh inshore region (within the meaning of the
Marine and Coastal Access Act 2009);
(ii)
any”.
Part 7
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Fisheries
Chapter 1
The Sea Fish (Conservation) Act 1967
189
Size limits for sea fish
(1)
Section 1 of the Sea Fish (Conservation) Act 1967 (c. 84) (size limits, etc for fish)
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is amended as follows.
(2)
In subsection (1), for the words from “, being a fish” to “prescribed” substitute
“which does not meet such requirements as to size as may be prescribed”.
(3)
In subsection (2), for the words from “, being a fish” to “prescribed” substitute
“which does not meet such requirements as to size as may be prescribed”.
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(4)
For subsection (3) substitute—
“(3)
Sea fish of any description which do not meet the requirements as to
size prescribed in relation to sea fish of that description by an order of
the appropriate national authority shall not be carried, whether within
or outside relevant British fishery limits, on a relevant British vessel;
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and an order under this subsection may prohibit the carrying by a
Scottish or Northern Ireland fishing boat or a foreign vessel in waters
to which subsection (3A) applies of sea fish of any description
prescribed by the order which do not meet the requirements as to size
so prescribed in relation to sea fish of that description.
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