Sea Fish Industry Act 1962
| Jurisdiction | UK Non-devolved |
| Citation | 1962 c. 31 |
| Year | 1962 |
Sea Fish Industry Act, 1962
(10 & 11 Eliz. 2) CHAPTER 31
An Act to make further provision, by way of financial assistance and otherwise, with respect to the white fish and herring industries, including provision relating to the White Fish Authority and the Herring Industry Board; to make further provision for the regulation of fishing for, and the landing and commercial use of, sea-fish, and with respect to shellfish; to enable the charges leviable at certain harbours to be varied, and to facilitate borrowing for certain harbour and marine work undertakings; and for purposes connected with the matters aforesaid.
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:—
Grants, advances, borrowing powers and marketing funds (white fish and herring industries)
1 Extension of scope and duration, and provision for increase, of white fish and herring subsidies.
(1) The persons to whom grants may be made in pursuance of a scheme under section five of the White Fish and Herring Industries Act, 1953 (which provides for subsidies for fishing vessels engaged in catching white fish) shall include the owners or charterers of vessels registered in the United Kingdom, being vessels engaged in processing or transporting white fish caught by vessels registered in the United Kingdom or the products of any such white fish.
(2) The persons to whom grants may be made in pursuance of a scheme under section three of the White Fish and Herring Industries Act, 1957 (which provides for subsidies for fishing vessels engaged in catching herring) shall include the owners or charterers of vessels registered in the United Kingdom, being vessels engaged in processing or transporting herring caught by vessels registered in the United Kingdom or the products of any such herring.
(3) The voyages in respect of which grants may be made in pursuance of a scheme under either of the relevant sections shall be voyages made by the vessel in question for any one or more of the following purposes, that is to say—
(a ) catching white fish or herring, as the case may be;
(b ) processing white fish or herring, as the case may be, being fish caught wholly or mainly by the vessel in question, or by other vessels registered in the United Kingdom, or by the vessel in question and by other vessels so registered;
(c ) transporting such white fish or herring (as the case may be) as are mentioned in the last preceding paragraph, or the products of such white fish or herring,
where (in any such case) it is part of the purpose that the fish or the products of the fish are to be landed in the United Kingdom, whether by the vessel which caught them or by another vessel.
(4) So much of subsection (1) of the said section three as limits the making of grants to vessels not exceeding one hundred and forty feet in length, and so much of subsection (2) of that section as prevents the making of grants in respect of voyages beyond particular waters specified therein or in respect of herring taken in the course of such voyages, shall cease to have effect.
(5) The date before which applications for grants under either of the relevant sections must be received by the appropriate Minister shall be postponed from the first day of May, nineteen hundred and sixty-three, to the first day of January, nineteen hundred and seventy-three.
(6) The amount by which the aggregate amount of the grants made in pursuance of schemes under either of the relevant sections may be increased at any one time by an order under section four of the White Fish and Herring Industries Act, 1957, shall be five million pounds instead of three million pounds.
(7) In this section ‘the relevant sections’ means section five of the White Fish and Herring Industries Act, 1953, and section three of the White Fish and Herring Industries Act, 1957; and ‘white fish’ has the same meaning as in the said section five.
2 Reorganisation of white fish subsidy for larger vessels.
(1) The provisions of this section shall have effect in relation to any scheme made after the commencement of this Act under section five of the White Fish and Herring Industries Act, 1953, in so far as the scheme provides for the making of grants in the case of vessels to which this section applies.
(2) This section applies to vessels of or over eighty feet in length; and nothing in this section shall affect any scheme in so far as it relates to vessels of less than that length.
(3) Any such scheme, in so far as it provides for the making of grants in the case of vessels to which this section applies, shall provide for rates of grants of either or both of the following descriptions, that is to say—
(a ) basic rates, payable either in respect of all vessels to which this section applies or in respect of all such vessels except vessels of any such class as may be specified in the scheme;
(b ) special rates, limited to such classes of vessels (whether being vessels to which the basic rates are applicable or not) as may be specified in the scheme:
Provided that a scheme shall not provide for special rates in the case of any class of vessels except where the Ministers are satisfied that they are needed by reason of special circumstances relating to that class of vessels.
(4) Subject to any limit for the time being in force on the aggregate amount of grants which may be made in pursuance of any such scheme, and subject to the following provisions of this section, any such rates as are mentioned in the last preceding subsection shall be of such amounts as may be determined by or under the scheme; and different rates (whether basic or special) may be so determined in relation to different classes of vessels.
(5) Basic rates determined by or under a scheme may be so determined either for one year or for two or more years; but special rates may be so determined in respect of any period (of whatever length) for which it appears to the Ministers that the special circumstances in question are likely to continue.
(6) The basic rates determined in accordance with the preceding provisions of this section in relation to any class of vessels shall be progressively reduced year by year, in such a way that the basic rates for any year shall be less than those for the immediate preceding year by an amount being not less than seven and one-half per cent. and not more than twelve and one-half per cent. of the initial basic rates for that class of vessels.
(7) Special rates determined by or under any such scheme in accordance with the preceding provisions of this section shall be such that—
(a ) the aggregate amount of the payments made by way of special rates in respect of any one year shall not exceed three hundred and fifty thousand pounds; and
(b ) the aggregate amount of the payments so made in respect of the whole period beginning with the commencement of this Act and ending with the thirty-first day of December, nineteen hundred and seventy-two, shall not exceed two million five hundred thousand pounds.
(8) Where any such scheme provides for special rates but does not provide for basic rates, subsection (4) of section five of the White Fish and Herring Industries Act, 1957 (whereby a scheme is to be of no effect unless approved by a resolution of each House of Parliament) shall not apply; but any statutory instrument containing the scheme shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9) In this section ‘year’ means any period of twelve months for which basic rates are determined as therein mentioned, and ‘the initial basic rates’, in relation to any class of vessels, means the basic rates so determined in relation to that class of vessels for the first year for which such rates are so determined.
3 Extension of powers of White Fish Authority and Herring Industry Board to make grants.
(1) The powers conferred on the White Fish Authority by section one of the White Fish and Herring Industries Act, 1953, and on the Herring Industry Board by section six of that Act (which sections respectively empower the Authority and the Board to make grants in respect of the acquisition of new fishing vessels and new engines for fishing vessels, but limited in each case to vessels not exceeding one hundred and forty feet in length) shall be extended and shall have effect in accordance with, and subject to, the following provisions of this section.
(2) The expenditure in respect of which grants may be made in pursuance of a scheme made after the commencement of this Act under either of the relevant sections shall be expenditure incurred in the acquisition of any vessel to which that section applies, or in the acquisition, installation, modification, renewal or replacement of any part of a vessel to which that section applies, or of an engine, or any part of an engine, of or for such a vessel, or of any relevant equipment required for, or installed or used on, such a vessel:
Provided that no grant shall be so made in respect of expenditure incurred in the acquisition of any secondhand vessel, engine, part, equipment or apparatus.
(3) Section one of the said Act of 1953 shall apply to any vessel registered or intended to be registered in Great Britain, being a vessel engaged or to be engaged...
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