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Sea Fisheries (Shellfish) Act 1967

Type Public General Act
Publication 1967-10-27
Last updated 2018-01-25
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
8

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and by 1994 c. 33, s. 157(1)(9), Sch. 8 Pt. I; S.I. 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that s. 5(7) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding level 3

9

Words in s. 6 inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(3); S.I. 1998/3178, art. 3

11

Words in s. 7(3) omitted (3.1.1995) by virtue of 1994 c. 32, ss. 2(2), 3(3) (with s. 3(2))

12

Words in s. 8 inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(4); S.I. 1998/3178, art. 3

15

S. 10 renumbered as s. 10(1) (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 3 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 3, Sch. 1

18

Words in s. 12(2)(a) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(6)(a); S.I. 1998/3178, art. 3

23

S. 14(2): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies (S.)

24

S. 14(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increases of fines) and 46 (substitution or references to levels on the standard scale), apply (E.W.)

25

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289E-289G and by 1994 c. 33, s. 157(1)(9), Sch. 8 Pt. I; S.I. 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that s. 14(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding level 4

27

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and by 1994 c. 33, s. 157(1)(9), Sch. 8 Pt. I; S.I. 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that s. 14(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding level 3

29

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and by virtue of (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1994 c. 33, s. 157(1)(9), Sch. 8 Pt. I; S.I. 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that s. 16(1) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding level 1

32

S. 17(4): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

33

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and by 1994 c. 33, s. 157(1)(9), Sch. 8 Pt. I; S.I. 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that s. 17(4) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding level 3

34

Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

37

Words in s. 20(2)(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(9); S.I. 1998/3178, art. 3

38

Certain functions of Minister of Agriculture, Fisheries and Food now exercisable (W.) by Secretary of State, or Minister and Secretary of State jointly: S.I. 1969/388, art. 3, Sch. 2 Pt. II and 1978/272, art. 2, Sch. 1

39

Words in s. 22(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(10)(a); S.I. 1998/3178, art. 3

40

Definition in s. 22(2) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(10)(b); S.I. 1998/3178, art. 3

41

The text of S. 24(1)(2), Schs. 2 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force, and, except as specified, does not reflect any repeals or amendments which may have been made prior to 1.2.1991

43

Act: power to transfer functions conferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

45

Words substituted by Sea Fisheries Act 1968 (c. 77) , s. 15(7)

52

The text of S. 24(1)(2), Schs. 2 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force, and, except as specified, does not reflect any repeals or amendments which may have been made prior to 1.2.1991

53

The text of S. 24(1)(2), Schs. 2 and 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force, and, except as specified, does not reflect any repeals or amendments which may have been made prior to 1.2.1991

54

Words substituted by S.I. 1972/971, art. 10(3)

55

Words in s. 13(4) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(7)(a); S.I. 1998/3178, art. 3

56

Words substituted by Hovercraft Act 1968' (c. 59), Sch. para. 4

58

S. 13(5): “after subsection (4) there is inserted” subsection (5) (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(7)(b); S.I. 1998/3178, art. 3

59

S. 13(5) inserted by S.I. 1990/2371, art. 2, Sch. 1 para. 2

63

Words in s. 17(3) substituted (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 213(2), 324(1)(c), 324(1)(d); S.I. 2009/3345, art. 2, Sch. para. 9

64

S. 3(2A) inserted (E.W.) (12.11.2009 for specified purposes) by Marine and Coastal Access Act 2009 (c. 23), ss. 204(4), 324(1)(c), 324(1)(d) and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

65

S. 3(6)(7) inserted (E.W.) (12.11.2009 for specified purposes) by Marine and Coastal Access Act 2009 (c. 23), ss. 207, 324(1)(c), 324(1)(d) and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 asp 5, ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

66

Sch. 1 para. 6(2) inserted (12.11.2009 for E.W. for specified purposes and 24.2.2011 for S.) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(4)(b), 324(1)(c), 324(1)(d); Marine (Scotland) Act 2010 asp 5, ss. 160(3)(a), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

67

S. 4ZA inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 209, 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

68

S. 1(6) substituted for s. 1(6)-(14) (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23) , ss. 203 , 324(3) ; S.I. 2009/3345 , art. 2 , Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 160(2), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

69

Words in s. 1(1) substituted (12.1.2010 for E.W. and 16.9.2013 for S.) by Marine and Coastal Access Act 2009 (c. 23) , ss. 202(2) , 324(3) ; S.I. 2009/3345 , art. 2 , Sch. para. 9; Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 55(1), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

70

S. 1(4) repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23) , ss. 202(3) , 324(3) , Sch. 22 Pts. 5(A) ; S.I. 2009/3345 , art. 2 , Sch. para. 9 Sch. para. 27(b) and s. 1(4) repealed (S.) (24.2.2011) by Marine (Scotland) Act (asp 5), ss. 160(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

71

S. 3(5) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 206(1), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 (with art. 3(2)) and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

72

Word in s. 3(3) substituted (S.) (1.8.2007) by virtue of Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 32(1), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1) (with art. 3); and said word also substituted (E.W.) (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 205(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 (with art. 3(1))

73

Word in s. 3(1)(c) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 204(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

74

Words in s. 3(2) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 204(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 asp 5, ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art 2(a) (with art. 4)

75

Words in s. 3(2) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 204(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 asp 5 ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

76

Words in s. 3(4) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 204(5), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with art. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

77

S. 4(7): word "is" substituted (S.) (1.8.2007) by virtue of Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 32(2)(a), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1) (with art. 3); and words in s. 4(7) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 208(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

79

S. 7(4A) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 211(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

81

Words in s. 7(2) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

82

Words in s. 7(2) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

83

Words in s. 7(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

84

Words in s. 7(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

85

Words in s. 7(4) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

86

Words in s. 7(5)(b) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

87

S. 7(6) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 210(5), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

88

S. 7(4)(a)(iii) and preceding word inserted "at the end of paragraph (a)(ii)" (E.W.) (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 211(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9

89

Word in s. 7(4) substituted (E.W.) (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 205(3), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 (with art. 3(1)) and said word substituted (24.2.2011) by virtue of Marine (Scotland) Act 2010 (asp 5), ss. 161(3), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

97

Words in s. 22(2) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 206(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9 (with art. 3(2)) and said amendment extended to S. (24.2.2011) by Marine (Scotland) act 2010 (asp 5), ss. 161(1), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

98

Words in Sch. 1 para. 4(2) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23) , ss. 214(2)(b) , 324(3) (with s. 214(5) ); S.I. 2009/3345 , art. 2 , Sch. para. 9

99

Sch. 1 para. 5 repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 214(3), 324(3), Sch. 22 Pts. 5(A) (with s. 214(5)); S.I. 2009/3345, art. 2, Sch. para. 9Sch. para. 27(b) and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1)(4), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

100

Words in Sch. 1 para. 6 inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 214(4), 324(3) (with s. 214(5)); S.I. 2009/3345, art. 2, Sch. para. 9 and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(1)(4), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

101

Sch. 1 para. 6(1): Sch. 1 para. 6 renumbered as Sch. 1 para. 6(1) (12.1.2010 for E.W. and 24.2.2011 for S.) by Marine and Coastal Access Act 2009 (c. 23), ss. 202(4)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 9; Marine (Scotland) Act 2010 asp 5, ss. 160(3)(a), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

104

S. 7(4)(a)(iii) and preceding word inserted (S.) (2.1.2001) by 2000 asp 12, s. 1

105

S. 1(14A) inserted (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 161(2), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a) (with art. 4)

106

Words in Sch. 1 para. 4(2) substituted (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5) , ss. 161(5) , 168(1) (with s. 162 ); S.S.I. 2011/58 , art. 2(a)

107

Sch. 1 para. 4(1) repealed (E.W.) (12.1.2010) by Marine and Coatal Access Act 2009 (c. 23) , ss. 214(2)(a) , 324(3) , Sch. 22 Pt. 5A (with s. 214(5) ); S.I. 2009/3345 , art. 2 , Sch. paras. 9 , 27(b) and said amendment extended to S. (24.2.2011) by Marine (Scotland) Act 2010 (asp 5) , ss. 161(1)(4) , 168(1) (with s. 162 ); S.S.I. 2011/58 , art. 2(a) (with art. 4 )

113

Words in s. 3(5) inserted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 56(2)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

114

Words in s. 3(6) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 56(2)(c), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

115

Words in s. 4D(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(a)(i), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

116

Words in s. 4D(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(a)(ii), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

117

Words in s. 4D(2)(a) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

118

Words in s. 4D title substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(4), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

119

Words in Sch. 1 para. 4(2) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7) , ss. 58(1)(a) , 66(2) (with ss. 58(2) , 65 ); S.S.I. 2013/249 , art. 2

120

Words in Sch. 1 para. 6(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 58(1)(b), 66(2) (with ss. 58(2), 65); S.S.I. 2013/249, art. 2

123

S. 7(4): "a fine" substituted (E.W.) (12.3.2015) for "a fine not exceeding £50,000" by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 3(3) (with reg. 5(1))

124

S. 5A inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 72(2), 88(2)(c)

125

Ss. 5B-5D inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 73, 88(2)(c)

126

S. 5E inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 74(2), 88(2)(c)

127

S. 1(2A)(2B) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 71(1), 88(2)(c) (with s. 71(2))

128

Words in s. 1(8) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 74(3), 88(2)(c)

129

Words in s. 3(2) substituted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 72(3), 88(2)(c)

130

S. 5F inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 75, 88(2)(c)

Power to search for, seize, etc. oysters, crabs and lobsters illegally in possession of any person, etc.

Isle of Man and Channel Islands.

In section 4 for the words from “sections” where first occurring, to the end of the first paragraph there shall be substituted the words “the following provisions of the Sea Fisheries (Shellfish) Act 1967, that is to say, section 1(2), so far as it relates to Schedule 1, section 1(4) and (5), sections 6, 8 and 10 and Schedule 1, shall apply as if those provisions were re-enacted in this Act with the necessary modifications”.

Effect of grant of right of several fishery.

Licensing powers in case of regulated fishery.

4ZA
  • (1) This section applies where the grantees of an order to which section 4 of this Act applies issue one or more licences in pursuance of the order.
  • (2) The grantees shall establish and maintain a register containing the names and addresses of all persons who for the time being hold licences issued by the grantees.
  • (3) The register shall be available for inspection free of charge by any person at such place or places, and during such hours, as are determined by the grantees.
  • (4) The grantees shall make arrangements for the provision of a copy of an entry in the register to any person on request.
  • (5) The arrangements that may be made under subsection (4) of this section include arrangements for the payment of a reasonable fee by the person making the request.

Powers of British sea-fishery officers to seize fish and fishing gear

Sections 4A to 4C: supplementary

Proof of certain matters.

Power to search for, seize, etc. oysters, crabs and lobsters illegally in possession of any person, etc.

Isle of Man and Channel Islands.

In section 4 for the words from “sections” where first occurring, to the end of the first paragraph there shall be substituted the words “the following provisions of the Sea Fisheries (Shellfish) Act 1967, that is to say, section 1(2), so far as it relates to Schedule 1, section 1(4) and (5), sections 6, 8 and 10 and Schedule 1, shall apply as if those provisions were re-enacted in this Act with the necessary modifications”.

Effect of grant of right of regulating a fishery.

Licensing powers in case of regulated fishery.

Register of licences

Powers of sea-fishery officers in relation to fishing boats to enforce regulated fishery

Powers of sea-fishery officers on land to enforce regulated fishery

Powers of British sea-fishery officers to seize fish and fishing gear

Cesser of right conferred by order under s. 1.

Grants and loans for restoration of fisheries.

Jurisdiction to try certain offences and applications of certain fines.

Consequential amendments, repeals and transitional provisions.

In section 6 for the words “Part III of the Sea Fisheries Act 1868” there shall be substituted the words “section 1 of the Sea Fisheries (Shellfish) Act 1967”.

3A
  • (1) Subsection (2) applies in proceedings against a person (“the accused”) for an offence under section 3(3) of this Act involving dredging, fishing for and taking shellfish in contravention of restrictions imposed or regulations made by—
  • (a) an order under section 1 of this Act, or
  • (b) the grantee of such an order.
  • (2) It is to be presumed that the accused was, or had been, dredging, fishing for and taking shellfish in contravention of the restrictions or regulations if—
  • (a) it is proved that—
  • (i) the accused was found within the limits of, or in the immediate vicinity of, the regulated fishery to which the order relates,
  • (ii) the accused was found there at, or about, a time at which the restrictions or regulations apply, and
  • (iii) when so found, the accused was in possession of any of the things mentioned in subsection (3), and
  • (b) it is reasonable to infer from those facts (either by themselves or taken together with other circumstances) that the accused was, or had been, dredging, fishing for and taking shellfish in contravention of the restrictions or regulations.
  • (3) The things are—
  • (a) such equipment, vehicle, apparatus or other gear or paraphernalia (including clothing) as may be used for the purpose of dredging, fishing for and taking shellfish in contravention of the order,
  • (b) shellfish the dredging, fishing for and taking of which is prohibited by the restrictions or regulations.
  • (4) Subsection (2) does not apply if evidence is adduced sufficient to raise an issue as to whether—
  • (a) the accused's presence within the limits of, or in the vicinity of, the regulated fishery to which the order relates was for the purpose of dredging, fishing for and taking shellfish in contravention of the restrictions or requirements, or
  • (b) where the accused was found in possession—
  • (i) of any of the things mentioned in paragraph (a) of subsection (3), the possession of the thing was for that purpose,
  • (ii) of shellfish mentioned in paragraph (b) of that subsection, the shellfish were caught or taken in contravention of the restrictions or requirements.

Powers of sea-fishery officers on land to enforce regulated fishery

Powers of British sea-fishery officers to seize fish and fishing gear

Sections 4A to 4CA: supplementary

4CA
  • (1) For the purposes of exercising the powers conferred by sections 4A to 4C, and of enforcing the restrictions imposed by, or regulations made by, an order under section 1 conferring a right of regulating a fishery, a British sea-fishery officer may at any time enter land (including the foreshore) other than a dwelling house, and for that purpose may—
  • (a) open lockfast places,
  • (b) remove any objects preventing the officer from gaining access to the land,
  • (c) require any person who has placed an object in such a position as to prevent the officer from gaining access to the land to remove the object,

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