Sea Fish Industry Act 1970

• (5) The Board shall also, 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; but no information with respect to any individual business (other than a business carried on by or on behalf of the Board) shall, without the consent of the owner of that business, be included in any report so laid.

Financial provision for Board, etc.

39

There shall be paid out of moneys provided by Parliament—

• (a) to the members of the Board such salaries and allowances as the Ministers, with the approval of the Minister for the Civil Service, may determine;

• (b) to the members of the Advisory Council such allowances as the Ministers, with the approval of the Minister for the Civil Service, may determine ;

• (c) to the members, officers and servants of the consumers' committee and the committee of investigation such remuneration (whether by way of salaries or by way of fees) as the Ministers, with the approval of the Minister for the Civil Service, may determine;

• (d) the amount necessary to defray such expenses of the said committees as the Ministers and the Treasury may approve;

• (e) such sums as may from time to time be required by the Ministers for making advances or grants under this Part of this Act to the Board.

Legal proceedings and offences

Recovery of levy

40

Any contribution leviable by virtue of a scheme in force under this Part of this Act shall be recoverable as a debt by and from the persons by and from whom the contribution is made leviable by virtue of the scheme.

Offences against schemes

41

• (1) Any person who contravenes or fails to comply with any provision of, or having effect under, a scheme under this Part of this Act, not being a provision for the levying of contributions, shall, if the scheme provides that a contravention of, or a failure to comply with that provision is to be deemed to be an offence, be liable on summary conviction, in the case of a first offence to a fine not exceeding £5 and, in the case of a second or subsequent offence, to a fine not exceeding £20, and, in either case, to forfeit any herring or herring products in relation to which the offence is committed, or to an additional fine not exceeding the value thereof.

• (2) In Scotland the court by which a fine is imposed for an offence under this Part of this Act may, if the court thinks fit, having regard to the prejudicial effect which the commission of the offence has had, or is likely to have, on the operation of a scheme in force under this Part of this Act, direct that the whole or any part of the fine be paid to the Board.

• (3) Subsections (1) and (2) above shall have effect in addition to and not in derogation of any provision which may be made by a scheme for the enforcement, otherwise than by way of fine, forfeiture of goods or money or imprisonment, of any provision of, or having effect under, a scheme in force under this Part of this Act, not being a provision for the levying of contributions.

Publication or disclosure of information

42

Any person who publishes or discloses any information obtained by him in the exercise of any power conferred by or under this Part of this Act, otherwise than for the purpose of the proper discharge of a duty in that behalf or to the Minister of Agriculture, Fisheries and Food or the Secretary of State, shall be liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine not exceeding £100, or to both;

• (b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £50 or to both.

Northern Ireland

Application of Part II to Northern Ireland

43

• (1) This Part of this Act shall, for the purposes of section 6 of the Government of Ireland Act 1920, be deemed to be an Act passed before the appointed day.

• (2) Such sums paid out of the Exchequer of the United Kingdom in connection with the execution of this Part of this Act as may be determined by the Joint Exchequer Board to be properly payable by the Government of Northern Ireland shall be made good by means of deductions from the Northern Ireland residuary share of reserved taxes.

PART III — Grants and subsidies

Grants towards new vessels, engines, etc.

Grants by the White Fish Authority

44

• (1) The Authority may, in accordance with a scheme made by the Ministers with the approval of the Treasury after consultation with the Authority, make to persons engaged or proposing to become engaged in the white fish industry in Great Britain grants in respect of expenditure incurred—

• (a) in the acquisition of any vessel to which this section applies;

• (b) in the acquisition, installation, modification, renewal or replacement of any part of a vessel to which this section applies, or of an engine, or any part of an engine, of or for such a vessel, or of any relevant equipment required for, or installed or used on, such a vessel,

of such amounts and subject to such conditions as may be determined by or under the scheme; but no such grant shall be made in respect of expenditure incurred in the acquisition of any secondhand vessel, or in the acquisition or installation of any secondhand engine, part, equipment or apparatus.

• (2) For the purposes of this section a person shall be deemed to be engaged in the white fish industry in Great Britain if he carries on the business of operating one or more vessels registered in Great Britain in carrying on any of the activities specified in subsection (3) below.

• (3) This section applies to any vessel registered or intended to be registered in Great Britain, being a vessel engaged or to be engaged in catching or processing white fish or transporting white fish or the products of white fish.

• (4) In relation to a vessel to which this section applies " relevant equipment" means equipment or apparatus of any description constructed or adapted for the purposes of the particular activities by virtue of which the vessel is one to which this section applies; and equipment constructed or adapted for the purpose of transferring white fish from one vessel to another shall be treated as equipment constructed or adapted for the purposes of those activities.

Grants by the Herring Industry Board

45

• (1) The Board may, in accordance with a scheme made by the Ministers with the approval of the Treasury after consultation with the Board, make to persons engaged or proposing to become engaged in the herring industry in Great Britain grants in respect of expenditure incurred—

• (a) in the acquisition of any vessel to which this section applies;

• (b) in the acquisition, installation, modification, renewal or replacement of any part of a vessel to which this section applies, or of an engine, or any part of an engine, of or for such a vessel, or of any relevant equipment required for, or installed or used on, such a vessel,

of such amounts and subject to such conditions as may be determined by or under the scheme; but no such grant shall be made in respect of expenditure incurred in the acquisition of any secondhand vessel, or in the acquisition or installation of any secondhand engine, part, equipment or apparatus.

• (2) For the purposes of this section a person shall be deemed to be engaged in the herring industry in Great Britain if he carries on the business of operating one or more vessels registered in Great Britain in carrying on any of the activities specified in subsection (3) below.

• (3) This section applies to any vessel registered or intended to be registered in Great Britain, being a vessel engaged or to be engaged in catching or processing herring or transporting herring or the products of herring.

• (4) In relation to a vessel to which this section applies " relevant equipment" means equipment or apparatus of any description constructed or adapted for the purposes of the particular activities by virtue of which the vessel is one to which this section applies; and equipment constructed or adapted for the purpose of transferring herring from one vessel to another shall be treated as equipment constructed or adapted for the purposes of those activities.

Grants where expenditure shared

46

Where any expenditure in respect of which a grant may be made in pursuance of a scheme under section 44 or 45 of this Act is shared by two or more persons, the amount of the grant which may be so made to any one of those persons shall not exceed such fraction of the grant which could be made to him if he had incurred the whole of that expenditure as is proportionate to his actual share of that expenditure.

Financial provision

47

Any sums required by the Authority or the Board for the payment of grants under this Part of this Act shall be paid out of moneys provided by Parliament, and any sums received by the Authority or the Board by way of refund of any such grants in accordance with conditions attached thereto shall be paid into the Consolidated Fund.

Accounts

48

• (1) The Authority and the Board shall respectively keep such accounts with respect to grants made by them under section 44 or 45 of this Act as may be directed by the Ministers with the approval of the Treasury, and shall prepare in respect of each financial year a statement of the accounts in such form and giving such information as may be so directed.

• (2) The said accounts for each financial year shall be audited (in accordance with a scheme of audit approved by the Ministers), and the statements certified, by the persons appointed in respect of that year to audit the other accounts of the Authority or the Board, as the case may be ; and the auditors shall be furnished by the Authority and the Board with copies of their respective statements.

• (3) The auditors shall in each case furnish the Ministers with copies of the said statement of accounts together with their report thereon, and the copies and the report shall be sent by the Ministers to the Comptroller and Auditor-General not later than 30th September following the end of the financial year to which the accounts relate.

• (4) The Comptroller and Auditor-General shall examine the said statements of accounts and the reports sent to him under subsection (3) above and may inspect the accounts kept by the Authority or the Board with respect to grants made by them under section 44 or 45 of this Act, and shall certify each statement and lay a copy of it together with his report thereon before Parliament.

White fish and herring subsidies

General provisions as to white fish and herring subsidies

49

• (1) With a view to promoting the landing in the United Kingdom of a continuous and plentiful supply of white fish and herring and white fish products and herring products, the appropriate Minister may, in accordance with a scheme made by the Ministers with the approval of the Treasury, make to the owners or charterers of vessels registered in the United Kingdom, being vessels engaged in catching white fish or herring, or in processing or transporting white fish or herring caught by vessels registered in the United Kingdom or the products of any such white fish or herring, grants of such amounts, and subject to such conditions, as may be determined by or under the scheme.

• (2) The trans-shipment of white fish and herring and their respective products in a port in the United Kingdom or within the exclusive fishery limits shall be treated for the purposes of subsection (1) above as the landing of white fish and herring and their respective products in the United Kingdom.

• (3) Subject to the provisions of this section, a scheme made thereunder may provide for the payment of grants in the case of any vessel in respect of one or of a combination of all or any of the following:—

• (a) white fish or herring or white fish products or herring products landed from the vessel in the United Kingdom, or trans-shipped from the vessel in a port in the United Kingdom or within the exclusive fishery limits, or

• (b) voyages made by the vessel for any one or more of the following purposes, that is to say—

• (i) catching white fish or herring;

• (ii) processing white fish or herring, being fish caught wholly or mainly by the vessel in question, or by other vessels registered in the United Kingdom, or by the vessel in question and by other vessels so registered;

• (iii) transporting such fish as are mentioned in sub-paragraph (ii) above, or the products of such fish,

where (in any such case) it is part of the purpose that the fish or the products of the fish are to be landed in the United Kingdom, whether by the vessel which caught them or by another vessel, or are to be transshipped in a port in the United Kingdom or within the exclusive fishery limits by the vessel which caught them or by another vessel, or

• (c) any such other matter as may be specified in the scheme.

• (4) No grant shall be made in pursuance of a scheme under this section unless an application therefor is received by the appropriate Minister before 1st January 1974.

• (5) Any expenses incurred by the appropriate Minister in the making of grants under this section shall be defrayed out of moneys provided by Parliament.

• (6) In this section " the appropriate Minister "—

• (a) in relation to England and Northern Ireland, means the Minister of Agriculture, Fisheries and Food ;

• (b) in relation to Scotland, means the Secretary of State concerned with the sea fishing industry in Scotland ;

• (c) in relation to Wales, means—

• (i) for the purpose of the actual making of any payment under this section, the Minister of Agriculture, Fisheries and Food, and

• (ii) for all the other purposes of this section, the said Minister and the Secretary of State concerned with the sea fishing industry in Wales acting jointly.

• (7) References in this section to white fish do not include shellfish and references to the exclusive fishery limits do not include waters within the fishery limits of the British Islands which are adjacent to -the Isle of Man or any of the Channel Islands.

Offences in connection with subsidies

50

Any person who—

• (a) in furnishing any information in purported compliance with a requirement imposed by a scheme under section 49 of this Act or under section 5 of the White Fish and Herring Industries Act 1953 (white fish subsidy) or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular;

• (b) for the purpose of obtaining for himself or any other person any sum payable under such a scheme makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular;

• (c) in purported compliance with a requirement imposed by such a scheme produces a document which he knows to be false in a material particular or recklessly produces a document which is false in a material particular; or

• (d) wilfully refuses to supply any information, make any return or produce any document when required to do so by or under any such scheme,

shall be liable, on summary conviction, to a fine not exceeding £400.

Reimbursement of Isle of Man herring subsidies

51

• (1) This section applies to any grant made (whether before or after the commencement of this Act) by the Government of the Isle of Man to the owners or charterers of vessels registered in the United Kingdom, in respect of herring or herring products landed in the Isle of Man or trans-shipped in a port in the Isle of Man or within the exclusive fishery limits of the Isle of Man, or in respect of voyages made by the vessel in question for any one or more of the following purposes, that is to say—

• (a) catching herring;

• (b) processing herring caught wholly or mainly by the vessel in question, or by other vessels registered in the United Kingdom, or by the vessel in question and by other vessels so registered ;

• (c) transporting such herring as are mentioned in paragraph (b) above or the products of such herring,

where (in any such case) it was part of the purpose that the herring or the products of the herring were to be landed in the Isle of Man, whether by the vessel which caught them or by another vessel, or were to be trans-shipped in a port in the Isle of Man or within the exclusive fishery limits of the Isle of Man by the vessel which caught them or by another vessel.

• (2) Subject to subsection (3) below, the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Scotland or either of them may repay to the Government of the Isle of Man out of moneys provided by Parliament the amount of any grant to which this section applies.

• (3) Where any such grant (in this subsection referred to as "the Isle of Man grant") has been made in respect of any herring or herring products landed in the Isle of Man, or in respect of any voyage made for a purpose specified in subsection (1) above.—

• (a) no repayment shall be made under this section unless a grant to the owners or charterers of the vessel could have been made in pursuance of a scheme under section 49 of this Act or section 3 of the White Fish and Herring Industries Act 1957 (herring subsidy), in force at the time of the Isle of Man grant, if the herring or herring products in question had been landed in the United Kingdom, or, as the case may be, the voyage had been made for the corresponding purpose specified in section 49(3) of this Act or section 3(2) of that Act as the case may be, and

• (b) the amount of the repayment shall not exceed the amount of the grant which could in those circumstances have been made in pursuance of that scheme.

• (4) In this section any reference to the Government of the Isle of Man includes a reference to any department or agency of that Government.

• (5) In this section " exclusive fishery limits of the Isle of Man " means waters within the exclusive fishery limits of the British Islands which are adjacent to the Isle of Man.

Miscellaneous

Schemes

52

• (1) A scheme under this part of this Act shall not be so varied or revoked under section 57 of this Act as to reduce or prevent the payment of a grant in pursuance of an application approved under the scheme before the coming into operation of the subsequent scheme.

• (2) A scheme under this Part of this Act shall be of no effect until it is approved by a resolution of each House of Parliament.

Interpretation of Part III

53

In this Part of this Act—

• " the Ministers " includes the Secretary of State concerned with the sea fishing industry in Wales, but does not include the Secretary of State concerned with the sea fishing industry in Northern Ireland ; and

• " processing " and " products " have the same meanings as in Part I of this Act.

Application of Part III to Northern Ireland

54

Sections 44 to 48 and 51 of this Act do not extend to Northern Ireland.

PART IV — General

Directions for purposes of levy

55

The Ministers may direct that a substance or article which is capable of being produced wholly or partly from either white fish or herring or both shall be treated for the purposes of sections 17 and 31 of this Act and any instrument made under or by virtue of either of them as being wholly or partly produced from one of those descriptions of fish, and may also give directions with respect to the collection of sums payable by way of levy or contribution in respect of that substance or article in pursuance of any such instrument and the application of sums so paid in any manner specified in the directions, whether or not the application of those sums in that manner is authorised by the relevant provision or instrument.

Offences by bodies corporate

56

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Ministers' orders etc.

57

• (1) Any power of any Minister or Ministers to make orders, schemes or regulations (other than regulations under section 18(1) of this Act) under this Act shall be exercisable by statutory instrument.

• (2) Subject to section 52(1) of this Act and to subsection (3) below any power conferred by this Act to make an order or scheme includes power to vary or revoke the order or scheme by a subsequent order or scheme, as the case may be.

• (3) Subsection (2) above shall not apply to an order revoking a scheme under section 7(5) or section 31(4) of this Act or to an order under section 10(2) of this Act.

The Ministers

58

• (1) In this Act the expression " the Ministers " means, subject to section 53 of this Act and to subsection (2) below, the Minister of Agriculture, Fisheries and Food, the Secretary of State concerned with the sea fishing industry in Scotland and the Secretary of State concerned with the sea fishing industry in Northern Ireland.

• (2) In Part I and section 55 of this Act the expression " the Ministers " does not include the Secretary of State concerned with the sea fishing industry in Northern Ireland at any time when Part I of this Act does not extend to Northern Ireland.

White fish

59

• (1) In this Act the expression " white fish " means, subject to sections 17(7) and 49(7) of this Act, fish (whether fresh or preserved) of any kind found in the sea except herring, salmon and migratory trout, and also includes shellfish, and references to white fish shall be construed as including references to parts of white fish.

• (2) In subsection (1) above, " salmon" means any of the salmon species and " migratory trout" means any species of trout which migrates to and from the sea.

General interpretation provisions

60

• (1) In this Act references to Wales include Monmouthshire.

• (2) Any reference in this Act to any enactment is a reference to it as amended by or under any other enactment.

Repeals, savings etc.

61

• (1) The enactments specified in Parts I and II of Schedule 6 to this Act (of which those specified in Part II of that Schedule are obsolete enactments relating to herring) are hereby repealed to the extent specified in the third column of those Parts of that Schedule, and the Order specified in Part III of that Schedule is hereby revoked to the extent specified in the third column of that Part of that Schedule.

• (2) In so far as any instrument made or other thing whatsoever done under any enactment repealed and re-enacted by this Act could have been made or done under the corresponding enactment in this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made or done under the corresponding enactment.

• (3) Where any Act or any document refers, either expressly or by implication, to an enactment repealed and re-enacted by this Act, the reference shall except where the context otherwise requires, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

• (4) Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

Citation and commencement

62

• (1) This Act may be cited as the Sea Fish Industry Act 1970.

• (2) This Act shall, subject to subsection (3) below, come into force on the expiration of a period of two months beginning with the date on which it is passed.

• (3) The repeals by this Act of paragraph (b) and in paragraph (c) of the definition of " the Ministers " in section 33(2) of the Sea Fish Industry Act 1962 shall come into force upon the day appointed for the repeal of section 18 of that Act under section 23(2) of the Sea Fisheries Act 1968.

SCHEDULE 1

PART I — The White Fish Authority

Constitution of the Authority

1

The Authority shall be a body corporate, with a common seal.

2

Every member of the Authority shall hold and vacate office in accordance with the terms of the instrument under which he is appointed ; but a person shall not hold office as a member of the Authority for more than five years under any one appointment.

3

Any member of the Authority may resign his office by a notice given under his hand to the Ministers and the Secretary of State concerned with the sea fishing industry in Wales.

4

A member of the Authority who ceases to hold office shall be eligible for reappointment.

5

It shall be the duty of the Ministers and the said Secretary of State to satisfy themselves, with respect to any person whom they propose to appoint to be a member of the Authority, that that person will have no such financial or commercial interest as is likely to affect him in the discharge of his functions as such a member, and also to satisfy themselves from time to time, with respect to any person who is a member of the Authority, that he has no such interest as aforesaid ; and any such person shall, whenever requested by the Ministers and the said Secretary of State so to do, furnish to them such information as they consider necessary for the performance of their duty under this paragraph.

Meetings and Proceedings of the Authority

6

Unless and until the Authority otherwise determine, three shall be a quorum at any meeting of the Authority.

7

The Authority shall have power to act notwithstanding a vacancy among the members thereof.

8

If at any meeting of the Authority the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

9

All acts done at any meeting of the Authority shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualifications of a person purporting to be a member of the Authority, be as valid as if that defect had not existed.

10

Minutes shall be kept of the proceedings of the Authority, and any such minutes shall, if signed by a person purporting to have acted as chairman of the meeting to which the minutes relate, or of a meeting at which they were read, be evidence of the proceedings at the first-mentioned meeting, and a meeting to which any such minutes relate shall, unless the contrary is proved, be deemed to have been regularly convened and constituted.

11

• (1) If a member of the Authority has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or other matter.

• (2) A general notice given in writing by a member of the Authority to the officer designated by them for the purpose to the effect that he is a member or in the employment of a specified company or other body, or that he is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person, which may be the subject of consideration after the date of the notice.

• (3) Any disclosure made under sub-paragraph (1) above shall be recorded in the minutes of the meeting at which it is made ; and any notice given under sub-paragraph (2) above shall be recorded in a book to be kept for the purpose.

12

Subject to paragraphs 1 to 11 of this Schedule, the Authority shall have power to regulate its own procedure.

Incidental Duties and Powers of the Authority

13

The Authority shall have an office at which communications and notices will at all times be received, and shall notify to the Ministers and to the Secretary of State concerned with the sea fishing industry in Wales the address of that office and any change of that address.

14

The Authority may enter into such agreements, acquire such property, and do such things (including the employment from time to time of technical and professional agents), as may, in the opinion of the Authority, be necessary or desirable for the exercise or performance of any of their powers or duties and may dispose, as they think fit, of any property acquired by them.

15

The Authority may with the approval of the Minister for the Civil Service make arrangements for providing pensions to or in respect of any of their officers or servants, and any such arrangements may include the establishment and administration, by the Authority or otherwise, of a pension scheme with or without a pension fund, and may provide for receipts and expenses of the Authority attributable to their establishment and administration of a pension scheme being dealt with under the scheme instead of being paid into and out of the White Fish Industry Fund.

Application of Seal

16

The application of the common seal of the Authority to any document shall be attested by at least one member of the Authority and by the person for the time being acting as secretary to the Authority.

Instruments executed or issued by the Authority

17

Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by them for that purpose.

18

Any document purporting to be a document duly executed or issued under the seal of the Authority or on behalf of the Authority shall, until the contrary is proved, be deemed to be a document so executed or issued, as the case may be.

PART II — The Scottish Committee

Constitution etc. and Expenses of the Scottish Committee

19

Paragraphs 2 to 12 of this Schedule shall apply in relation to the Scottish Committee with the substitution of references to the committee for references to the Authority and with the omission from paragraph 3 of the words " and the Secretary of State concerned with the sea fishing industry in Wales " and from paragraph 5 of the words " and the said Secretary of State " in both places where they occur.

20

The Scottish Committee may for the purpose of giving advice to the Authority incur on the Authority's behalf such expenses as may be generally or specially authorised by the Authority, and any such expenses, as well as expenses incurred by the committee in exercising any of the Authority's functions, shall be deemed for the purposes of this Act to be expenses of the Authority.

The Scottish Seal

21

In addition to the common seal above referred to, the Authority shall have a seal (hereafter in this Schedule referred to as." the Scottish seal") for use in any case where a document is to be sealed on their behalf by the Scottish Committee.

22

Paragraph 16 of this Schedule shall not apply to the Scottish seal, and the application of the Scottish seal to any document shall be attested by at least one member of the Scottish Committee and by the person for the time being acting as secretary to the committee.

SCHEDULE 2

1

Every member of a Council other than the Chairman shall hold and vacate office in accordance with the terms of the instrument under which he is appointed ; but, notwithstanding anything in such an instrument, any such member of a Council may resign his office by a written notice given under his hand to the Ministers and the Secretary of State concerned with the sea fishing industry in Wales, and a member of a Council who ceases to hold office shall be eligible for reappointment.

2

Unless and until a Council otherwise determines, the quorum of that Council shall be such number as may be fixed by the Ministers.

3

A Council shall have power to act notwithstanding any vacancy among the members thereof.

4

Subject to any directions which may be given by the Ministers, a Council shall have power to regulate its own procedure.

SCHEDULE 3

1

At least twenty-eight days before making any regulations or submitting any scheme the Authority shall cause to be published in the London Gazette and the Edinburgh Gazette (and, while Part I of this Act extends to Northern Ireland, the Belfast Gazette) and in such other manner as they think best adapted for informing persons affected, a notice of the Authority's intention to do so—

• (a) specifying the place where the draft regulations or scheme may be inspected and copies thereof obtained, and the price (being a price approved by the Ministers) at which such copies will be supplied; and

• (b) stating that the Authority are prepared to receive and consider any objection to the proposed regulations or scheme which may be made to the Authority in writing within such period after the date of the publication of the notice, not being less than twenty-eight days, as may be specified in the notice ;

and the Authority shall, before making the regulations or submitting the scheme, take into consideration any such objection so made to them before the end of the period specified in that behalf in the said notice.

2

When submitting any regulations or scheme to the Ministers, the Authority shall transmit to them any objection thereto which has been duly made to the Authority and has not been withdrawn, and the Ministers shall consider any objections so transmitted to them.

3

The order confirming any regulations or scheme shall set out the regulations or scheme ; but before making any such order or, in the case of a scheme, before laying a draft of the order before Parliament, the Ministers may, after holding such inquiries (if any) as they think fit, make such modifications in the regulations or scheme as they may, after consultation with the Authority, consider desirable:

SCHEDULE 4

1

The Board shall be a body corporate with a common seal.

2

Every member of the Board shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

3

A member of the Board may resign his office by notice in writing signed by him and given to the Secretary of State concerned with the sea fishing industry in Scotland or to the Secretary of State concerned with the sea fishing industry in Northern Ireland or to the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Wales, and his office shall become vacant at the expiration of seven days from the date of receipt of the notice.

4

A member of the Board, on vacating his office on the expiration or termination of the term thereof, shall be eligible for re-appointment.

5

It shall be the duty of the Ministers and the said Secretary of State to satisfy themselves with respect to any person whom they propose to appoint to be a member of the Board that that person will have no such financial or commercial interest as to be likely to affect him in the discharge of his functions as a member of the Board, and also to satisfy themselves from time to time, with respect to any person so appointed, that he has no such interest as aforesaid ; and any such person shall, whenever requested by the Ministers and the said Secretary of State so to do, furnish to them such information as they consider necessary for the performance of their duty under this paragraph.

6

If a member of the Board—

• (a) is detained for more than seven days in any place under any enactment in force in the United Kingdom relating to persons of unsound mind ;

• (b) becomes bankrupt or enters into a composition or arrangement with his creditors;

• (c) is convicted of a contravention of section 42 of this Act; or

• (d) is absent from six consecutive meetings of the Board except for some reason appearing to the Board to be sufficient excuse ;

the Board shall forthwith declare his office to be vacant and his office shall become vacant on the date of the declaration.

7

The Ministers and the said Secretary of State may remove a member of the Board from his office for inability to perform his duties or for misbehaviour, and the office of a member so removed shall become vacant on such date as the Ministers and the said Secretary of State may direct.

8

The Board may act notwithstanding that the office of any member is vacant.

9

The Board may pay to the members of the Board such salaries, and may pay such of their travelling and other expenses, as the Board, with the concurrence of the Ministers and of the Minister for the Civil Service, may determine.

10

Subject to the provisions of this Schedule, the procedure and quorum of the Board shall be such as the Board may from time to time determine.

11

The Board may appoint such secretaries and other officers and such servants, and may pay to them such salaries and allowances as the Board may determine.

12

If the Board represent to the Ministers that any of the provisions of this Schedule ought to be varied, the Ministers may make an order for the variation thereof in accordance with the representation, save that an order shall not be made for the variation of paragraph 1, 2 or 5 of this Schedule, nor shall any order be made for the variation of paragraph 9 or 11 of this Schedule except with the concurrence of the Treasury.

13

An order under paragraph 12 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 5

PART I — Particular Purposes for which a Herring Industry Scheme may Confer Powers on the Board

1

The promotion of sales and market development and the promotion and carrying out of schemes of research and experiment.

2

The making of loans for the provision, reconditioning and equipment of vessels.

3

The making of loans to any society or organisation formed for the purpose of acquiring nets and gear, fuel for vessels or other requisites for herring fishing, or requisites for the curing, kippering or processing of herring, and of selling or hiring any such requisites to the members of the society or organisation.

4

The making of loans in connection with export.

5

The purchase and disposal of redundant vessels.

6

The purchase of vessels and equipment for the purpose of being chartered or hired to persons desiring to engage in the herring industry, including in particular persons who have previously been engaged in that industry and persons who have served whole-time in the armed forces of the Crown or the mercantile marine.

7

The sale of any such vessels and equipment or shares therein to persons to whom they have previously been chartered or hired.

8

The disposal of any vessels and equipment or shares therein no longer required for the purpose of being chartered, hired or sold as aforesaid.

9

The giving of assistance for the revival of winter fisheries.

10

The limitation of the number, and control of the operations, of vessels, curers, salesmen, kipperers, processers, exporters and persons dealing wholesale in fresh herring at ports, by means of a licensing system having effect subject to any provisions which may be made by the scheme as respects any of those matters for exemption, compensation (including any such compensation as may be decided upon by the Board for regular members of the crews of efficient and redundant vessels) arbitration and appeal.

11

The regulation, by means of rules, of the manner and conditions in and subject to which sales may be conducted, of the charges by way of commission to be made by salesmen and exporters, of standards of curing, kippering and processing and of methods of packing and transport.

12

The prohibition, in accordance with rules and subject to any exemption for which provision may be made by the rules, of the sale, or the consignment, offer or exposure for sale, or the export, of herring of any description or quality defined in the rules, unless such designation, mark or other means for indicating that the herring are of the said description or quality as may be prescribed by the rules is used in relation to the herring, in such manner as may be so prescribed, and the prohibition, except in relation to herring of such description or quality as may be so defined, of the use, in any manner or circumstances specified in the rules, of such designation, mark or other means as may be so prescribed for indicating that such herring are of that description or quality.

13

The regulation, by means of prohibitions or restrictions having effect for a limited period either generally or in particular cases, of fishing, curing, kippering and other processes, dealing wholesale in fresh herring at ports, sales and shipments, and the fixing of prices, with a view to meeting temporary or seasonal conditions detrimental to the industry.

14

The prohibition or restriction of the export of herring which do not comply with such standards of quality as may be prescribed by rules.

15

The purchase and sale as agents and, in special cases, as principals, of herring or herring products including—

• (a) in connection with the regulation of sales with a view to meeting temporary or seasonal conditions detrimental to the industry, the imposition on holders of stocks of cured herring of a duty to place them at the disposal of the Board with a view to the sale for export thereof by the Board as agents, and

• (b) in connection with sales for export of cured herring by the Board as principals, the compulsory purchase by the Board of cured herring and the imposition on persons having supplies of fresh herring of a duty to sell them to curers for the purpose of the purchase by the Board,

and the fixing of prices in connection with the matters referred to in sub-paragraphs (a) and (b) above.

16

The making of arrangements for the refrigeration and processing, whether by persons engaged in the industry or by the Board, of such proportion of herring catches as the Board consider expedient with a view to providing supplies of herring of good quality throughout the year and meeting temporary and seasonal conditions detrimental to the industry.

17

The regulation, by means of rules, of the conditions subject to which herring may be refrigerated and the standard of quality of the herring before and after refrigeration.

18

The disposal of surplus herring by conversion into oil and other products.

19

The undertaking of arrangements for shipment for export.

20

The levying of contributions from persons engaged in the industry and from purchasers of herring or herring products wholesale and importers of herring or herring products. In this paragraph " products " has the same meaning as in Part I of this Act.

21

The charging of fees in respect of licences.

22

The levying of contributions, in respect of any port or area, out of the proceeds of first sales of fresh herring, and the making of payments to herring fishermen in that port or area in order to obviate so far as possible undue differences in their earnings. A scheme conferring power to levy any such contributions or make any such payments—

• (a) shall provide that those powers shall not be exercisable in respect of any port or area unless it appears to the Board that there exists among herring fishermen in that port or area a prevailing opinion in favour of the exercise of those powers; and

• (b) shall secure so far as practicable that the contributions levied in respect of any port or area are sufficient to meet payments due to herring fishermen in that port or area under the scheme and, if at any time the contributions are insufficient to meet those payments, the scheme shall require the Board to make such adjustments in the rate of contributions or payments as may be necessary to make good the deficiency.

23

The entry on vessels and premises and the inspection thereof and of things found thereon.

24

The imposition on persons engaged in the industry of obligations to keep records and accounts and to furnish information.

25

The delegation of functions to committees and to other persons.

PART II — Preliminary Procedure

1

Before making a scheme the Ministers shall, after consultation with the Board and the Treasury, prepare a draft scheme and shall cause to be published, in the London Gazette and in the Edinburgh Gazette and in the Belfast Gazette, and in such other manner as they think best for informing persons affected, notice of their intention to make the scheme, specifying—

• (a) the place where copies of the draft scheme may be inspected and purchased ; and

• (b) the time (which shall be not less than twenty-eight days from the date on which the notice is first published) within which objections to the draft scheme should be made.

2

Every objection must be sent to one or other of the Ministers in writing and must state the grounds of objection, and the Ministers, before laying the draft scheme before Parliament, shall consider any objection duly made with respect to it and make such modifications (if any) in it as they think fit after consultation with the Board and the Treasury.

3

The Ministers shall not make a scheme unless a draft of the scheme has been laid before Parliament and approved by resolution of each House.

SCHEDULE 6

PART I — Miscellaneous Repeals

PART II — Repeals of Obsolete Enactments Relating to Herring

PART III — Order Revoked