Marine and Coastal Access Bill [HL]

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

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
97

(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.
5
(5)
In this section “contravention” includes failure to comply; and “contravene” is
to be read accordingly.
160
Powers of court following conviction
(1)
This section applies where a person is convicted of an offence under section
159.
10
(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
15
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.
20
(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,
25

for such period as the court thinks fit.
(6)
In subsection (5) “IFC authority permit” means a permit granted by an IFC
authority.
Enforcement
161
Inshore fisheries and conservation officers
30
(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.
35
(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.

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
98

162
Powers of IFC officers
(1)
An IFC officer appointed for an IFC district has the powers referred to in
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)
5
and any orders made under any of those sections;
(c)
any provision made by or under an order under section 1 of the Sea
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;
10
(e)
any byelaws made under section 125 or 128 of this Act;
(f)
section 136 of this Act.
(2)
The Secretary of State may by order amend subsection (1).
(3)
The powers are—
(a)
the common enforcement powers conferred by this Act;
15
(b)
the powers conferred by sections 254, 258, 259 and 274.
(4)
Subject to subsection (9), the powers which an IFC officer has for the purposes
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;
20
(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
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
25
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—
30
(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
35
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
40
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,
45

changes during the course of the pursuit.

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
99

(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
and forming part of Her Majesty’s armed forces.
5
Other powers and duties of IFC authorities
163
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
resources.
10
(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
making an application for, or being the grantee of, an order under section 1 of
15
the Sea Fisheries (Shellfish) Act 1967 (c. 83) (orders as to fisheries for shellfish).
164
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
body in connection with the exercise of the person’s or body’s functions.
20
(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 for the provision of services that are
required by the person in connection with the enforcement of any
25
provision made by or under the order;
(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
30
meaning of that Act),

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
35
made may include provision for the making of payments to the authority by
the person or body to whom the services are provided.
165
Duty of co-operation
The authority for an IFC district must take such steps as it considers
appropriate to co-operate with—
40
(a)
the authority for every IFC district adjoining that district,
(b)
the Welsh Ministers, in a case where that district adjoins the Welsh
inshore region, and

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
100

(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
(ii)
enforcement in that part of the sea.
166
Information
5
(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 149.
(2)
Every IFC authority must provide the Secretary of State with such information
as the Secretary of State may reasonably require about—
10
(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
the marine environment.
167
Accounts
15
(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 146(3) is a joint
committee of councils must be made up yearly to 31st March.
168
Annual plan
20
(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.
169
Annual report
25
(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.
(3)
A report under this section must be published in such manner as the Secretary
30
of State may require.
(4)
The IFC authority must send a copy of the report to the Secretary of State.
170
Supplementary powers
(1)
An IFC authority may do anything which appears to it to be necessary or
expedient for the purpose of or in connection with the exercise of any of its
35
other functions.
(2)
In particular it may—
(a)
acquire or dispose of land or other property;

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
101

(b)
enter into arrangements with other IFC authorities for the
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
5
171
Expenses of IFC authorities
(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
10
as is specified in, or determined in accordance with, the order establishing the
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
15
joint committees) does not apply in relation to an IFC authority.
(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.
172
IFC authority as party to proceedings
20
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.
173
Exemption from liability
25
(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
bad faith.
30
(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 281.)
174
Report by Secretary of State
(1)
As soon as is reasonably practicable after the end of every relevant four-year
35
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—

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
102

(a)
the period of four years beginning with the day on which the Secretary
of State first made an order under section 145;
(b)
each subsequent period of four years.
175
Minor and consequential amendments
Schedule 14 (which contains minor and consequential amendments relating to
5
IFC authorities) has effect.
176
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).
10
(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.
15
(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,
20
(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).
25
177
Interpretation of this Chapter
(1)
In this Chapter—
“authority for an IFC district” is to be read in accordance with section
146(2);
“IFC authority” means an inshore fisheries and conservation authority
30
(see section 146);
“IFC district” means an inshore fisheries and conservation district (see
section 145);
“IFC officer” means an inshore fisheries and conservation officer (see
section 161);
35
“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
40
(d)
the Isles of Scilly;
“the marine environment” includes—

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 2 — Local fisheries committees
103

(a)
geological or physiographical features of marine or coastal
areas;
(b)
features of archaeological or historic interest in such areas;
(c)
flora and fauna which are dependent on, or associated with, a
marine or coastal environment;
5
“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
local authority area falling within the district;
“sea fisheries resources” has the meaning given by section 149;
10
“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
in navigation.
(2)
Any reference in this Chapter to the exploitation of sea fisheries resources is to
15
be read in accordance with section 149(8).
Chapter 2
Local fisheries committees
178
Abolition of local fisheries committees
The Sea Fisheries Regulation Act 1966 (c. 38), which provides for the
20
establishment of sea fisheries districts and local fisheries committees, is
repealed.
179
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
25
the authority to be necessary or expedient in consequence of the repeal of the
Sea Fisheries Regulation Act 1966 (“the 1966 Act”).
(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
30
persons (including the authority making the order) as may be specified;
(b)
provision about byelaws made by a local fisheries committee or a body
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
35
other enactment, provision for that provision to have effect as if
comprised in subordinate legislation made by a specified body
or person under that enactment;
(ii)
provision as to the area to which any provision having effect by
virtue of sub-paragraph (i) applies;
40
(c)
provision about the local fisheries committee for any sea fisheries
district lying partly in England and partly in Wales, including—
(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
45