FISHERIES (AMENDMENT) ACT, 1976

AN ACT TO POSTPONE CERTAIN ELECTIONS PURSUANT TO THE FISHERIES (CONSOLIDATION) ACT, 1959, AND TO AMEND THAT ACT AND THE FISHERIES (AMENDMENT) ACT, 1974. [7th July, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—In this Act—

“the Act of 1974” means the Fisheries (Amendment) Act, 1974;

“the Principal Act” means the Fisheries (Consolidation) Act, 1959.

2 Elections of certain conservators postponed.

2.—(1) Notwithstanding anything contained in the Fisheries Acts, 1959 to 1974, the following provisions shall have effect:

• (a) the elections of conservators pursuant to sections 22 and 27 of the Principal Act which, by virtue of section 2 of the Act of 1974 and apart from this section, would fall to be held in the year 1976 shall be held instead either in the year 1977 or in such later year as the Minister, if he thinks fit, by order fixes,

• (b) the elections of conservators pursuant to the said sections 22 and 27, other than the elections mentioned in paragraph (a) of this subsection, shall be held in each fifth successive year after the year in which the elections so mentioned are held, and

• (c) “election year” shall be construed in accordance with paragraphs (a) and (b) of this subsection.

• (2) The Minister may by order amend an order under this section (including an order under this subsection).

• (3) When an order under this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House

of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

3 Amendment of sections 68 and 279 of Principal Act.

3.—The Principal Act is hereby amended by—

• (a) the addition to section 68 of the following subsection:

• “(7) Where an order under this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”; and

• (b) the addition to section 279 of the following subsection:

• “(4) Where an order under this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”.

4 Repeals.

4.—(1) The following provisions of the Principal Act are hereby repealed:

• (a) in paragraph (b) of section 68 (1), the words from “, so however” to the end of the paragraph;

• (b) in paragraph (b) of section 68 (4), the words from “, so however” to the end of the paragraph;

• (c) in paragraph (c) of section 68 (5), the words from “, so however” to the end of the paragraph; and

• (d) in subsection (2) of section 279, the words from “, so however” to the end of the subsection.

• (2) Section 2 (1) (c) of the Act of 1974 is hereby repealed.

5 Short title, collective citation and construction.

5.—(1) This Act may be cited as the Fisheries (Amendment) Act, 1976.

• (2) The Fisheries Acts, 1959 to 1974, and this Act may be cited together as the Fisheries Acts, 1959 to 1976.

• (3) The Principal Act and this Act shall be construed together as one.