Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/425 |
| Year | 1989 |
1989No. 425
SEA FISHERIES
The Sea Fish Industry Authority (Levy) Regulations 1988
Confirmatory Order 1989
9thMarch1989
10thMarch1989
1stApril1989
Whereas the Sea Fish Industry Authority (hereinafter referred to as "the Authority") have made the Sea Fish Industry Authority (Levy) Regulations 1988 (hereinafter referred to as "the Regulations");
And whereas the Authority have transmitted to the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland (hereinafter referred to as "the Ministers") the objections to the Regulations which have been duly made to the Authority and have not been withdrawn and the Ministers have considered such objections;
And whereas the Ministers have not considered it desirable to make any modifications in the Regulations;
Now, therefore, the Ministers, in exercise of the powers conferred on them by section 4(2) and (10) of the Fisheries Act 1981 ( a) and of all their other enabling powers, hereby make the following Order:-
Title and commencement
1. This Order may be cited as the Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989 and shall come into force on 1st April 1989.
Confirmation
2. The Regulations are hereby confirmed and are set out in the Schedule to this Order.
Revocation
3. The Sea Fish Industry Authority (Levy) Regulations 1982 Confirmatory Order 1982 ( b) is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd March 1989.
L.S. |
John MacGregor |
Minister of Agriculture, Fisheries and Food |
|
Sanderson of Bowden |
|
2nd March 1989 |
Minister of State, Scottish Office |
Peter Walker |
|
9th March 1989 |
Secretary of State for Wales |
Tom King |
|
2nd March 1989 |
Secretary of State for Northern Ireland |
(a) 1981 c.29.
(b) S.I. 1982/168.
SCHEDULE
Article 2
THE SEA FISH INDUSTRY AUTHORITY (LEVY) REGULATIONS 1988
Whereas it appears to the Sea Fish Industry Authority (hereinafter referred to as "the Authority") that it is desirable for the purpose of financing its activities to impose a levy on persons engaged in the sea fish industry in respect of sea fish and sea fish products, such levy to be payable on firsthand sales or trans-shipments within British fishery limits by way of firsthand sale;
Now therefore, the Authority in exercise of the powers conferred on it by sections 4 and 5 of the Fisheries Act 1981 ( a) hereby makes the following Regulations:-
Imposition of Levy
1.-(1) There shall be paid to the Authority subject to and in accordance with the provisions of these Regulations by every person who-
(a) purchases any sea fish or any sea fish product on a firsthand sale, or(b) trans-ships within British fishery limits any sea fish or any sea fish product by way of firsthand sale,a levy (hereinafter referred to as "the levy") at the rate per kilogram set out in the second column of the Schedule hereto in respect of any sea fish or sea fish product specified opposite thereto in the first column of the said Schedule so purchased or trans-shipped by him.
(2) The levy shall not be payable in respect of any live sea fish purchased for cultivation or in respect of canned or bottled sea fish or sea fish products.
(3) If any sea fish or any sea fish product is purchased on a firsthand sale through or from a wholesale merchant who sells on commission, the levy shall be paid to the Authority by the said wholesale merchant, who shall be entitled to recover as a civil debt from the purchaser of such sea fish product a sum equal to the amount of the levy so paid.
(4) Where the levy becomes payable by any person in respect of any sea fish or sea fish product trans-shipped within British fishery limits by way of firsthand sale by him, it shall not be payable by any person who subsequently purchases such fish or fish product.
(5) Where any sea fish or sea fish product is trans-shipped by way of sale within British fishery limits more than once, the levy shall be payable in respect of the first such...
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