Sea Fish Industry Act 1951
| Jurisdiction | UK Non-devolved |
Sea Fish Industry Act , 1951
(14 & 15 Geo. 6) CHAPTER 30
An Act to make provision for the reorganization, development and regulation of the white fish industry; to amend the law relating to fishery harbours, the catching and landing of sea fish and other matters affecting or connected with the sea fishing and whaling industries; to abolish the Scottish Fisheries Advisory Council; and for purposes connected therewith
[10th May 1951]
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:—
Part I
Organization, etc., of White Fish Industry
Establishment of Authority, Scottish Committee and Advisory Council
1 Constitution and general functions of White Fish Authority.
(1) There shall be constituted an authority to be called ‘the White Fish Authority’ (hereafter in this Act referred to as ‘the Authority’) which shall have the functions of reorganizing, developing and regulating the white fish industry, and of keeping generally under review matters relating to that industry, and such other functions as are mentioned in this Act; and the White Fish Commission provided for by the Sea Fish Industry Act, 1938, shall not be reconstituted.
(2) The Authority shall consist of five members appointed by the Ministers, and of the five one shall be appointed by the Ministers to be chairman and one to be deputy chairman of the Authority.
(3) The Authority, for the purpose of their general functions of reorganizing, developing and regulating the white fish industry, shall have regard to the interest of consumers in a plentiful supply of white fish at reasonable prices, as well as to the interests of the different sections of the white fish industry.
(4) The Ministers may, after consultation with the Authority, give the Authority such directions of a general character as to the exercise and performance by the Authority of their functions as appear to the Ministers to be requisite in the national interest and the Authority shall give effect to any such directions.
The Ministers shall publish in such manner as they think fit any direction given by them under this subsection as soon as practicable after it is given, unless in their opinion it is against the national interest to do so.
(5) The incidental provisions contained in Part I of the First Schedule to this Act shall have effect in relation to the Authority.
2 The Scottish Committee of the Authority.
(1) There shall be constituted a committee (hereafter in this Act referred to as ‘the Scottish Committee’) for the purpose of giving advice to the Authority about the exercise and performance of their functions as respects Scotland, and matters particularly affecting Scotland, and of exercising such of the Authority's functions as respects Scotland, and matters particularly affecting Scotland, as may from time to time be delegated to the committee by the Authority.
(2) Subject to this Act, the Scottish Committee shall consist of a chairman, who shall be such member of the Authority as may from time to time be appointed by the Ministers, and four other members so appointed.
(3) The incidental provisions contained in Part II of the First Schedule to this Act shall have effect in relation to the Scottish Committee.
3 The White Fish Industry Advisory Council.
(1) For the purpose of giving advice to the Authority about the exercise and performance of their functions generally, there shall be constituted a council to be called the White Fish Industry Advisory Council (hereafter in this Act referred to as ‘the Advisory Council’).
(2) The Advisory Council shall consist of a chairman who shall be such member of the Authority as may from time to time be appointed by the Authority, and of such other members as may be appointed by the Ministers to represent the interests of the different sections of the white fish industry and any such other interests (including those of persons employed in the industry) as the Ministers may consider to be affected.
(3) Before appointing to the Advisory Council a member to represent any such interests as aforesaid, the Ministers shall consult such bodies, if any, as appear to them to be representative of the interests concerned.
(4) The Authority shall appoint a person employed by them to act as secretary to the Advisory Council.
(5) The incidental provisions contained in the Second Schedule to this Act shall have effect in relation to the Advisory Council.
Powers and duties of Authority
4 Particular powers and duties of the Authority.
(1) For the purpose of their general functions of reorganizing, developing and regulating the white fish industry, the Authority shall have power to do all or any of the following things:—
(a ) to carry on research and experiment either alone or in collaboration with others and for that purpose provide or acquire, equip and operate vessels or plants, and to give financial assistance to others carrying on research or experiment;
(b ) to encourage persons engaged in the white fish industry to make voluntary arrangements on a co-operative basis for the selling of white fish or the buying of materials and other requisites for the industry (including in particular gear, fuel and stores for fishing vessels), and to give financial or other assistance in bringing any such arrangements into operation;
(c ) to undertake as agents, in any locality in which the Authority think it necessary so as to secure proper provision for the needs of the fishing industry, the first sale of white fish landed in Great Britain and, where it appears to the Authority likely to promote efficiency and economy, to undertake as principals the buying and selling of such materials and requisites as aforesaid;
(d ) to promote the export of white fish by establishing, or by encouraging and giving financial or other assistance for the establishment of, selling agencies and storage facilities outside the United Kingdom, and by other means;
(e ) to provide or acquire and equip fishing vessels to be operated under charter from the Authority;
(f ) to provide or acquire, equip and operate plants for processing white fish in Great Britain in any locality in which the Authority think it necessary so as to secure proper provision for the needs of the fishing industry;
(g ) to give financial assistance by way of loan to others to meet capital expenditure incurred in providing, acquiring, reconditioning or improving—
(i) fishing vessels or their gear; or
(ii) plants for processing white fish in Great Britain;
(h ) to give financial assistance by way of grant for the maintenance while taking a course of specialized training or education of persons engaged or employed in the white fish industry or intending to be so;
(j ) to encourage, by means of publicity and by advice and instruction, the improvement of conditions in the white fish industry and the greater consumption of white fish.
(2) For the purpose of their general functions of reorganizing, developing and regulating the white fish industry, the Authority may take or acquire shares or similar interests in any company, where a substantial part of the company's business consists or is to consist in carrying on any activities which the Authority have power to carry on under the foregoing subsection or in operating fishing vessels for the catching and landing of white fish.
(3) The Authority may themselves operate any fishing vessel for the catching and landing of white fish where they acquire control of the vessel under or in consequence of any agreement relating to financial assistance given or to be given by them and they are for the time being unable to dispose of the vessel or make other arrangements on terms satisfactory to them.
(4) It shall be the duty of the Authority, if so required by any Minister of the Crown, to act as his agent in matters relating to white fish.
5 Power to make regulations about handling, etc., of white fish, and for other purposes.
(1) With a view to improving the marketing and distribution of white fish, and the condition in which white fish are offered for sale, the Authority, after consultation with such bodies, if any, as appear to them to be representative of the interests concerned, may make regulations for all or any of the following purposes:—
(a ) for regulating the handling and stowage of white fish on fishing vessels registered in Great Britain, and for regulating the handling of white fish during or at any time after landing;
(b ) for timing landings of white fish so as to secure regularity in the supply and prevent congestion in harbours, and for that purpose requiring fishing vessels proposing to land their catch in Great Britain to land or delay landing it if so directed in accordance with the regulations;
(c ) for regulating the sale of white fish, including the conditions of sale other than the price;
(d ) for prescribing standards of quality for white fish, and limiting the purposes for which fish of any of the standards may be used.
(2) Without prejudice to the generality of the foregoing...
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