Sea Fish (Conservation) Act 1992
| Year | 1992 |
Sea Fish (Conservation) Act 1992
60
An Act to amend the law relating to licences under sections 4 and 4A of the Sea Fish (Conservation) Act 1967.
[17th December 1992]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Licensing of fishing boats.
(1) Section 4 of the Sea Fish (Conservation) Act 1967 (which enables Ministers to prohibit fishing except under the authority of a licence) shall be amended as follows.
(2) In subsection (6) (which provides for licences to contain conditions)—
(a) after the words ‘sea fishing’ there shall be inserted the words ‘(including conditions which do not relate directly to fishing)’, and
(b) after paragraph (b) there shall be inserted the words ‘or
(c) restricting the time which a vessel named in the licence may spend at sea (whether for the purpose of fishing or otherwise);’.
(3) After subsection (6A) there shall be inserted—
(6B) A licence containing a condition restricting the time which a vessel may spend at sea may make provision as to the circumstances in which time is, or is not, to count as time spent at sea.
(6C) The Ministers shall by order make provision as to the principles on which the time which vessels may spend at sea is to be arrived at for the purposes of any condition included in a licence by virtue of subsection (6)(c) above.
(6D) Before considering what action to take under subsection (6C) above, the Ministers shall first give due consideration to a scheme of decommissioning in order to achieve a significant reduction in the capacity of the fishing fleet.’
(4) In subsection (7) (provision of statistical information) for the words ‘such statistical information’ there shall be substituted the words ‘such information, in such form,’.
(5) In subsection (9)(b) (revocation and suspension of licences) at the end there shall be added the words ‘or to be appropriate in a case where there is a contravention of a prohibition imposed by an order under this section or a contravention of a condition of the licence’.
2 Restrictions on time spent at sea—appeals.
2. After section 4 of the Sea Fish (Conservation) Act 1967there shall be inserted—
4AA ‘Restrictions on time spent at sea—appeals.
(1) For the purposes of performing the functions conferred by this section there shall be a tribunal to be called the Sea Fish Licence Tribunal.
(2) If—
(a) a licence under section 4 of this Act contains a condition restricting the time which a vessel may spend at sea, and
(b) no licence containing such a condition has previously been granted in respect of that vessel,
the person to whom the licence is granted may make an application to the tribunal requesting it to review the time which according to the condition the vessel may spend at sea.
(3) The Ministers shall by regulations make provision as to the manner in which and the time within which applications under subsection (2) above are to be made; and the quorum and procedure of the tribunal on dealing with an application shall be such as may be determined by or in accordance with regulations made by the Ministers.
(4) On an application under subsection (2) above the tribunal, consistently with the principles set out in any order made under section 4(6C) of this Act, may—
(a) dismiss the application, or
(b) determine that the licence should be varied either by increasing or by reducing the time which the vessel may spend at sea.
(5) If a determination that the licence should be varied is made by, or on appeal from, the tribunal, the Minister who granted the licence shall vary the licence so as to give effect to the determination, and shall make a corresponding variation of any other licence in force in respect of the same vessel.
(6) The tribunal shall consist of members appointed by the Ministers, and the number of members shall be such as the Ministers may determine.
(7) The Ministers shall make such provision as they think fit as to—
(a) the remuneration of the members of the tribunal, and the reimbursement of their expenses, and
(b) the staff and accommodation of the tribunal;
and any expenses reasonably incurred by the tribunal shall be defrayed by the Ministers.
(8) As soon as possible after the end of every period of twelve months ending with 31st March during which it exercises functions under subsection (4) above, the tribunal shall send to the Ministers a report on the exercise of those functions; and the Ministers shall lay a copy of the report before each House of Parliament.
(9) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.’
3 Licensing of vessels receiving trans-shipped fish.
(1) Section 4A of the Sea Fish (Conservation) Act 1967 (which enables Ministers to prohibit vessels from receiving trans-shipped fish except under the authority of a licence) shall be amended as follows.
(2) In subsection (7) (provision of statistical information) for the words ‘such statistical information’ there shall be substituted the words ‘such information, in such form,’.
(3) In subsection (10)(b) (revocation and suspension of licences) at the end there shall be added the words ‘or to be appropriate in a case where there is a contravention of a prohibition imposed by an order under this section or a contravention of a condition of the licence’.
4. After section 4A of the Sea Fish (Conservation) Act 1967 there shall be inserted—
S-4B 4B ‘Regulations supplementary to sections 4 and 4A.
(1) The Ministers may by regulations make provision as to—
(a) the manner in which a licence under section 4 or 4A of this Act is to be granted, or a variation, revocation or suspension effected, and
(b) the time when a licence, or a variation, suspension or revocation, shall have effect.
(2) Without prejudice to the generality of subsection (1) above, regulations under this section may include provision—
(a) for documents to be delivered, or notices given, to the nominees of persons to whom licences are granted;
(b) for documents or notices to be treated as delivered or given if they are posted or otherwise communicated in accordance with the regulations;
(c) for notices to be given by publication in newspapers;
(d) as to the transitional effects of variations.
(3) Regulations under this section may make different provision for different cases.
(4) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
S-4C 4C Provisions supplementary to sections 4 and 4A—evidence.
(1) Where automatic recording equipment—
(a) is used in accordance with a condition included in a licence by virtue of section 4(6) or 4A(6) of this Act, or
(b) is used to record information transmitted or derived from equipment used in accordance with such a condition,
any record produced by means of the automatic recording equipment, or partly by those and partly by other means...
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