Sea Fisheries Regulation (Scotland) Act 1895
| Jurisdiction | UK Non-devolved |
| Citation | 1895 c. 42 |
| Year | 1895 |
Sea Fisheries Regulation (Scotland) Act, 1895
(58 & 59 Vict.) CHAPTER 42.
An Act for the better Regulation of Scottish Sea Fisheries.
[6th July 1895]
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 Short title.
1. This Act may be cited as theSea Fisheries Regulation (Scotland) Act, 1895, and shall be read along with the Sea Fisheries Acts.
2 Extent of Act.
2. This Act shall apply to Scotland only, and to the parts of the sea adjoining Scotland, or within the jurisdiction of the Fishery Board for Scotland.
3 Definition.
3. In this Act the expression ‘Sea Fisheries Acts’ means the Sea Fisheries Act, 1868, the Sea Fisheries Act, 1875, the Sea Fisheries Act, 1883, and the Sea Fisheries (Scotland) Amendment Act, 1885, and the expression ‘Herring Fishery (Scotland) Acts’ means the Herring Fishery Acts enumerated in Schedule I. to the Fishery Board (Scotland) Act, 1882, and includes any enactments amending these Acts or any of them.
4 Constitution of Fishery Board.
4. From and after the first day of January one thousand eight hundred and ninety-six the Fishery Board for Scotland established by the Fishery Board (Scotland) Act, 1882, shall be reconstituted in manner following (that is to say):—
(1) (1.) The Board shall consist of seven members, (viz., three members, of whom one shall be the chairman of the Board, a second shall be the sheriff of a county in Scotland, and the third shall be a person of skill in the branches of science concerned with the habits and food of fishes, and four members who shall be representative of the various sea fishing interests of Scotland,) to be appointed by Her Majesty from time to time after the passing of this Act on the recommendation of the Secretary for Scotland, and to hold office for five years, unless they sooner die or resign office. Four members shall be a quorum. The chairman or deputy chairman, as the case may be, shall hive a casting as well as a deliberative vote.
Save as regards the number of the quorum, nothing in this Act shall affect the provisions of section four, sub-section (2), of the Fishery Board (Scotland) Act, 1882.
(2) (2.) It shall be lawful for the Secretary for Scotland to appoint a scientific superintendent, who shall hold office during pleasure, and be paid such salary as may be determined by the Commissioners of Her Majesty's Treasury.
The superintendent shall, under the directions of the Fishery Board, conduct and supervise such scientific inquiries as the Board may deem necessary in carrying out the provisions of the Herring Fishery and Sea Fishery Acts.
(3) (3.) The personal and travelling expenses of the members of the Fishery Board on scales to be approved by the Treasury shall be defrayed from moneys to be provided by Parliament.
(4) (4.) The first meeting of the reconstituted Board shall take place on such day as shall be determined by the Secretary for Scotland, on and after which date the present members of the Board (other than the chairman) shall cease to hold office and be discharged of their duties.
5 Establishment of sea fisheries districts.
(1)5.—(1.) On the application of a county council or of a town council, or of the police commissioners of a police burgh, the Secretary for Scotland may, from time to time, by order—
(a .) create a sea fisheries district, including any part of the sea adjoining Scotland, or within the jurisdiction of the Fishery Board for Scotland; and
(b ) define the limits of the district and the area chargeable with any expenses under this Act; and
(c ) provide for the constitution of a fishery district committee for the regulation of the sea fisheries carried on within the district;
and may from time to time, on a like application by subsequent order, vary any order made under this section, and unite one or more districts or parts of districts into a separate district, or dissolve any district that may have been formed. Provided that no order shall be made affecting any county or burgh or police burgh, or any part thereof, except with the consent of the county council, town council, or police commissioners of such county or burgh or police burgh, as the case may be.
(2) (2.) Before making any order creating a sea fisheries district the Secretary for Scotland shall cause the draft of such order to be locally published in such manner as he may direct, and shall, if any objections are made to such order, or to any of the provisions thereof, cause such local inquiry to be held as may in his opinion be required. Due notice of such inquiry shall be given by advertisement or otherwise, and the report of the person holding such inquiry shall, if the order is made, be laid with the order before both Houses of Parliament.
(3) (3.) Every order made under this section shall be laid for thirty days before both Houses of Parliament while in session, and if either House within that period resolves that the whole or any part of the order so made ought not to be in force, the same shall not have any force, without prejudice nevertheless to the making of any other order in its place. Subject to any such resolution, every order so made shall come into force at the expiration of the thirty days aforesaid.
6 Establishment of fishery district committees.
(1)6.—(1.) In each fishery district there shall be a fishery district committee, who shall be a committee composed of such number of members (in this Act referred to as ordinary members) of the county councils of the counties, and of the town councils of the royal or parliamentary burghs, and the burgh commissioners of the police burghs, comprised within the district and appearing to have an interest, as may be fixed by the order creating the district, or by any other order of the Secretary for Scotland, with the addition of such number of fishery members representing the fishing interests of the district is may be directed by the order, but not exceeding one half in number of the whole committee. The fishery members may be distributed or apportioned among such portions of counties and among such burghs and police burghs as the Secretary for Scotland shall determine by the order. A fishery district committee shall, subject to the provisions of the order creating the sea fishery district, be a committee of a county council, or town council, or commissioners of a police burgh, or if two or more of such bodies are represented upon it shall be deemed to be a joint committee of such bodies, and the provisions of the Local Government (Scotland) Act, 1889 , relative to joint committees shall apply accordingly.
(2) (2.) So soon as an order creating, a district has come into force—
(a .) The ordinary members shall be appointed annually in accordance therewith by the said county councils, town councils, and burgh commissioners respectively, from among their own number, and shall hold office until their successors are appointed.
(b .) Where such order has come into force before the first day of November in the year one thousand eight hundred and ninety-eight, the fishery members may be nominated by the Secretary of Scotland, but shall cease to hold office when their successors are elected as herein-after provided.
(3.) (a .) In the year one thousand eight hundred and ninety-eight, and in every third year thereafter, being the year in which a county electoral roll falls to be prepared in terms of the provisions of the Local Government (Scotland) Act, 1889, or of any Act or Acts amending the same, the fishery members shall be elected (subject to regulations to be framed as to nomination, the manner of conducting the elections, and the mode of defraying the costs thereof, in so far as not herein provided, by the Secretary for Scotland) by all persons included in the expression ‘fishing interests’ as herein-after defined.
(b .) The county and burgh assessors respectively, or other persons charged within a fishery district with the duty of the preparation of the county council and burgh registers of voters (including the registers of police burghs), shall, in the year one thousand eight hundred and ninety-eight, and in every third year thereafter, prefix a distinctive mark (of which they shall have given due notice on the lists published by them) to the number or name of any county or burgh elector whom they shall respectively consider to be entitled, or who shall satisfy them that lie is entitled, to be included in the expression ‘fishing, interests.’
It shall be lawful to object to the insertion or omission of the distinctive mark in this section mentioned as nearly as may be in the same manner and subject to the same provisions as to appeal and otherwise as in the case of any other entry in or omission from the register and lists of voters.
(c .) At an election each voter shall be entitled to a number of votes equal to the number of members to be elected for the county or burgh or police burgh, or for any two or more of them, for which fishery members are to be elected, and for which he has a vote, but he shall not be entitled to give more than one vote to any candidate.
(d .) The elections shall take place in counties (exclusive of burghs and police burghs) on the same day and, as nearly is may be, in the same manner, in the same places, and with the same returning and presiding officers and clerks, as the election of county councillors for the county in which the fishery district or part thereof, as the case may be, is situate, or, if there is a contested election for fishery members but there is no contested election for county councillors in the county council electoral division or divisions...
To continue reading
Request your trial