Sea Fish Industry Act 1970

JurisdictionUK Non-devolved
Citation1970 c. 11


Sea Fish Industry Act 1970

1970 CHAPTER 11

An Act to consolidate certain enactments relating to the sea fishing industry and to repeal certain obsolete enactments relating to herring.

[12th March 1970]

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:—

I White Fish Industry

Part I

White Fish Industry

The Authority, the Scottish Committee and the Advisory Council

The Authority, the Scottish Committee and the Advisory Council

S-1 Constitution and general functions of White Fish Authority.

1 Constitution and general functions of White Fish Authority.

(1) There shall continue to be a White Fish Authority (in this Act referred to as ‘the Authority’) which shall have the functions of reorganising, developing and regulating the white fish industry, and of keeping generally under review matters relating to that industry, and such other functions as are mentioned in this Act.

(2) The Authority shall consist of such number of members appointed by the Ministers and the Secretary of State concerned with the sea fishing industry in Wales as the Ministers and the said Secretary of State may from time to time determine, and of those members one shall be appointed by the Ministers and the said Secretary of State to be chairman and one to be deputy chairman of the Authority.

(3) The provisions of Part I of Schedule 1 to this Act shall have effect with respect to the Authority.

S-2 The Scottish Committee of the Authority.

2 The Scottish Committee of the Authority.

(1) There shall continue to be a committee (in this Act referred to as ‘the Scottish Committee’) for the purpose of giving advice to the Authority about the exercise and performance of their functions as respects Scotland, and matters particularly affecting Scotland, and of exercising such of the Authority's functions as respects Scotland and matters particularly affecting Scotland, as may from time to time be delegated to the committee by the Authority.

(2) Subject to this Act, the Scottish Committee shall consist of a chairman who shall be such member of the Authority as may from time to time be appointed by the Ministers, and four other members so appointed.

(3) The provisions of Part II of Schedule 1 to this Act shall have effect with respect to the Scottish Committee.

S-3 The White Fish Industry Advisory Council.

3 The White Fish Industry Advisory Council.

(1) For the purpose of giving advice to the Authority about the exercise and performance of their functions generally, there shall continue to be a White Fish Industry Advisory Council.

(2) The Advisory Council shall consist of a chairman who shall be such member of the Authority as may from time to time be appointed by the Authority, and of such other members as may be appointed by the Ministers and the Secretary of State concerned with the sea fishing industry in Wales to represent the interests of the different sections of the white fish industry and any such other interests (including those of persons employed in the industry) as the Ministers and the said Secretary of State may consider to be affected.

(3) Before appointing to the Advisory Council a member to represent any such interests as aforesaid, the Ministers and the said Secretary of State shall consult such bodies, if any, as appear to them to be representative of the interests concerned.

(4) The Authority shall appoint a person employed by them to act as secretary to the Advisory Council.

(5) The provisions of Schedule 2 to this Act shall have effect with respect to the Advisory Council.

Duties and powers of Authority

Duties and powers of Authority

S-4 Duties of Authority.

4 Duties of Authority.

(1) The Authority, for the purpose of their general functions of reorganising, developing and regulating the white fish industry, shall have regard to the interest of consumers in a plentiful supply of white fish at reasonable prices, as well as to the interests of the different sections of the white fish industry.

(2) The Ministers may, after consultation with the Authority, give the Authority such directions of a general character as to the exercise and performance by the Authority of their functions as appear to the Ministers to be requisite in the national interest and the Authority shall give effect to any such directions.

The Ministers shall publish in such manner as they think fit any direction given by them under this subsection as soon as practicable after it is given, unless in their opinion it is against the national interest to do so.

(3) Any directions under subsection (2) above in connection with the Authority's functions under section 44 of this Act shall be given by the Secretary of State concerned with the sea fishing industry in Wales as well as by the Ministers, and references to the Ministers in that subsection shall be construed accordingly.

(4) It shall be the duty of the Authority, if so required by any Minister of the Crown, to act as his agent in matters relating to white fish.

S-5 Powers of Authority.

5 Powers of Authority.

(1) For the purpose of their general functions of reorganising, developing and regulating the white fish industry, the Authority shall have power to do all or any of the following things:—

(a ) to carry on research and experiment either alone or in collaboration with others and for that purpose provide or acquire, equip and operate vessels or plants, and to give financial assistance to others carrying on research or experiment;

(b ) to encourage persons engaged in the white fish industry to make voluntary arrangements on a co-operative basis for the selling of white fish or the buying of materials and other requisites for the industry (including in particular gear, fuel and stores for vessels to which this Part of this Act applies), and to give financial or other assistance in bringing any such arrangements into operation or in continuing or extending any such arrangements;

(c ) to undertake as agents, in any locality in which the Authority think it necessary so as to secure proper provision for the needs of the fishing industry, the first sale of white fish landed in Great Britain and, where it appears to the Authority likely to promote efficiency and economy, to undertake as principals the buying and selling of such materials and requisites as aforesaid;

(d ) to promote the export of white fish by establishing, or by encouraging and giving financial or other assistance for the establishment of, selling agencies and storage facilities outside the United Kingdom, and by other means;

(e ) to provide or acquire and equip vessels to which this Part of this Act applies to be operated under charter from the Authority;

(f ) to provide or acquire, equip or operate plants for processing white fish in Great Britain or for making ice in Great Britain in any locality in which the Authority think it necessary so as to secure proper provision for the needs of the fishing industry;

(g ) to give financial assistance by way of loan to others to meet capital expenditure incurred in providing, acquiring, reconditioning or improving—

(i) vessels to which this Part of this Act applies or their gear, or

(ii) plants for processing white fish in Great Britain;

(h ) to give financial assistance by way of loan to others to meet capital expenditure incurred in providing, acquiring, reconditioning or improving plants for making ice in Great Britain, if the Authority think it necessary to give such assistance to promote the interests of the fishing industry;

(i ) to give financial assistance by way of grant for the maintenance while taking a course of specialised training or education of persons engaged or employed in the white fish industry or intending to be so;

(j ) to encourage, by means of publicity and by advice and instruction, the improvement of conditions in the white fish industry and the greater consumption of white fish.

(2) For the purpose of their general functions of reorganising, developing and regulating the white fish industry, the Authority may take or acquire shares or similar interests in any company where a substantial part of the company's business consists or is to consist in carrying on any activities which the Authority have power to carry on under subsection (1) above or in operating vessels to which this Part of this Act applies for the catching or processing of white fish or for transporting white fish or the products of white fish.

(3) The Authority may themselves operate any vessel for catching or processing white fish or for transporting white fish or the products of white fish where they acquire control of the vessel under or in consequence of any agreement relating to financial assistance given or to be given by them and they are for the time being unable to dispose of the vessel or make other arrangements on terms satisfactory to them.

S-6 Power to make regulations about handling, etc. of white fish, and for other purposes.

6 Power to make regulations about handling, etc. of white fish, and for other purposes.

(1) With a view to improving the marketing and distribution of white fish, and the condition in which white fish are offered for sale, the Authority, after consultation with such bodies, if any, as appear to them to be representative of the interests concerned, may make regulations for all or any of the following purposes:—

(a ) for regulating the handling and stowage...

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