Herring Industry Act 1935

JurisdictionUK Non-devolved
Citation1935 c. 9


Herring Industry Act, 1935.

(25 & 26 Geo. 5.) CHAPTER 9.

An Act to provide for the establishment of a Board with power to make, in consultation with the herring industry, a scheme with respect to the reorganisation, development and regulation of the industry, for the variation or revocation of the scheme, for authorising the giving of financial assistance to, and borrowing by, the Board, and to make other provision in connection with the matters aforesaid.

[14th March 1935]

Be it enacted by the King'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:—

S-1 Establishment of Herring Industry Board.

1 Establishment of Herring Industry Board.

(1) For the purposes of this Act there shall be established a body, to be called ‘the Herring Industry Board’, which shall be a body corporate with a common seal and power to hold land without licence in mortmain.

(2) The body to be so established, in this Act referred to as ‘the Board’, shall consist in the first instance of a chairman and seven other members appointed by the Ministers, being, as to the chairman and two of the other members, persons who are not engaged in the herring industry or in any trade connected therewith, and, as to the remaining five members, persons having special knowledge of the industry, and the provisions of the first Schedule to this Act shall have effect with respect to the Board and to their proceedings.

(3) If the Board represent to the Ministers that the composition of the Board ought to be varied, whether by an increase of the number of members required to be persons not engaged in the herring industry or in any trade connected therewith or of the number of members required to be person shaving special knowledge of the industry, or by a reduction of the number of members of either class, or by an increase of the one together with a reduction of the other, the Ministers may make an order for the variation thereof in accordance with the representation.

(4) If the Board represent to the Ministers that any of the provisions of the First Schedule to this Act ought to be varied, the Ministers may make an order for the variation thereof in accordance with the representation:

Provided that an order shall not be made under this subsection for the variation of any of the provisions of the said Schedule relating to the payment of salaries, allowances or expenses except with the concurrence of the Treasury.

(5) An order made under either of the two last foregoing subsections shall be laid before each House of Parliament for a period of thirty days during the Session of Parliament and, if an address is presented to His Majesty by either House of Parliament before the expiration of that period, praying that the order may be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new order. In reckoning any such period of thirty days as aforesaid no account shall be taken of any time during which both Houses of Parliament are adjourned for more than four days.

(6) As soon as may be after the expiration of two years from the commencement of this Act, the Board shall consider whether it is practicable to make provision for the election by persons engaged in the herring industry of the members of the Board who are required to be persons having special knowledge of the industry and, unless it appears to the Board not to be practicable to make provision for that purpose (in which case the Board shall make a report to the Ministers, who shall publish the report in such manner as they think fit), the Board shall prepare and submit to the Ministers proposals for making such provision, and may include therein proposals for any such variation of the composition of the Board as aforesaid, or for the variation of the First Schedule to this Act, or for the termination, for the purpose of giving effect to the proposals, of the term of office of any member of the Board.

(7) After considering proposals submitted to them under the last foregoing subsection, the Ministers may, with the concurrence of the Treasury so far as regards a variation of any of the provisions of the said Schedule relating to the payment of salaries allowances or expenses, make an order for giving effect to the proposals and lay the order before Parliament and, if each House of Parliament resolves that the order be approved, the order shall have effect from such date as the Ministers may appoint.

(8) An order made under this section may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions.

(9) The Board shall, not later than the expiration of three months from the last day of each financial year of the Board, make a report to the Ministers on the proceedings of the Board during that year, and the Ministers shall lay every such report before Parliament.

S-2 Power of Board to make scheme with a view to reorganisation, development and regulation.

2 Power of Board to make scheme with a view to reorganisation, development and regulation.

(1) It shall be the duty of the Board, as soon as may be after the commencement of this Act, to ascertain, by consultation with representative organisations or otherwise, the opinion of persons engaged in the herring industry with respect to the preparation of a scheme with a view to effecting the reorganisation, development and regulation of the industry, and, if it appears to the Board that there exists amongst those persons a prevailing opinion in favour of the preparation of such a scheme and that it is requisite that such a scheme should have statutory effect, the Board shall prepare and submit to the Ministers a scheme containing any provisions which the Board in their discretion think expedient with a view to effecting those purposes.

(2) As soon as may be after a scheme has been submitted to them under the foregoing subsection, the Ministers shall cause to be published, in the London Gazette and in the Edinburgh Gazette and in such other manner as they think best for informing persons affected, notice of the submission of the scheme, of the place where the scheme may be inspected and copies thereof purchased, and of the time (which shall not be less than twenty-one days from the date on which the notice is first published) within which objections with respect to the scheme may be made.

(3) Every objection must be sent to one or other of the Ministers in writing and must state the grounds of objection and the modifications required.

(4) The Ministers, after considering the scheme and any objections duly made with respect thereto, may make any modifications in the scheme which they think proper and to which the Board assent. In considering the scheme and any objections, the Ministers shall specially consider whether the scheme makes adequate provision for exemptions in proper cases.

(5) If the Ministers, after making such modifications (if any) as aforesaid, are satisfied that the carrying into effect of the scheme will conduce to the better organisation, development and regulation of the herring industry, and that there exists amongst persons engaged in the industry a prevailing opinion that the scheme should have effect, and they and the Treasury and the Board of Trade are satisfied that it is expedient that the scheme should have effect, they may lay the scheme before Parliament and, if each House of Parliament resolves that the scheme be approved, the scheme shall have effect from such date as the Ministers may appoint.

(6) As soon as may be after the scheme has been approved, the Ministers shall cause to be published in like manner as aforesaid a notice stating that the scheme has been approved, and specifying a place where copies thereof may be purchased.

(7) If, after a scheme has taken effect by virtue of this section, it appears to the Board that the scheme ought to be varied, on the ground either that the variation thereof is requisite for giving full effect to the provisions of the scheme, or that there exists amongst persons engaged in the herring industry a prevailing opinion in favour of the preparation of an amending scheme with a view to the better effectuation of the purposes aforesaid, or that any provision of the scheme is no longer in accordance with the prevailing opinion amongst persons engaged in the industry, the Board may prepare and submit to the Ministers an amending scheme containing any provisions which the Board in their discretion think expedient with a view to effecting the purposes for which the variation is required, and the provisions of subsections (2) to (6) of this section shall have effect in relation to an amending scheme so submitted as they have effect in relation to a scheme submitted under subsection (1) of this section.

(8) Where the Board are satisfied that it is expedient that provision for any purpose should be made by a scheme, they may make such preliminary inquiries and surveys as they consider requisite for enabling that purpose to be effectuated if and so soon as the scheme takes effect.

S-3 Particular purposes of scheme.

3 Particular purposes of scheme.

3. It is hereby declared, without prejudice to the generality of the provisions of the last foregoing section with respect to the provisions which may be contained in a scheme, that there may be thereby conferred on the Board powers for all or any of the following purposes, amongst others, that is to say—

a ) the promotion of sales and market development and the promotion and carrying out of schemes of research and experiment
b ) the making of loans for the construction, reconditioning and equipment of boats
c ) the making of loans in connection with...

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