Sea Fisheries (Scotland) Amendment Act 1885

UK - Reserved: Acts

Sea Fisheries (Scotland) Amendment Act 1885

Sea Fisheries (Scotland) Amendment Act 1885 (1885 c. 70)

1 Short title.

This Act may be cited as the Sea Fisheries (Scotland) Amendment Act 1885, and shall be read and construed along with the Sea Fisheries Act 1968.

[F1] Words substituted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 24

[M1] 1968 c. 77.

2 Application.

This Act shall apply only to Scotland, and to the Scottish zone; and in this Act, “the Scottish zone” has the same meaning as in the Scotland Act 1998.

[F2] Words in s. 2 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(3)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3] S. 3 repealed by Sea Fisheries Act 1968 (c. 77), Sch. 2 Pt. II

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4] S. 4 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2

5 Steam trawlers fishing off Scotland to have letters and numbers painted on the quarter.

Every British sea fishing boat propelled by steam, fishing in the Scottish zone , shall, in addition to having the number and letters painted on the bow in manner provided by the Sea Fisheries Act 1883, have the initial letter or letters of the port to which it belongs, and the registry number in the series of numbers for that port, painted in white oil-colour on a black ground, on the funnel twelve inches from the top, and on the quarter three or four inches below the gunwale, and so as to be clearly visible, of the dimensions prescribed for the letters and numbers on the bow by the regulations in force for the time being for the lettering, numbering, and registering of British sea-fishing boats under the Sea Fisheries Acts or any Act amending the same.

[F5] Words in s. 5 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(4)

[M2] 1833 c. 22.

[F6] Words in s. 5 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

6 Fishery Board may require statistics of sea fisheries.

The Scottish Ministers shall have power to require all fishermen and other persons belonging to British sea-fishing boats, and all fish curers catching or curing any kind of sea fish in Scotland, or in the Scottish zone, to make returns, in such form and at such periods as may be prescribed by . . . the Scottish Ministers, of all sea fish which are caught or cured by them respectively.

[F7] Words in s. 6 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

[F8] Words in s. 6 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(4)

[F9] Words repealed by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933), Sch.

[F7] Words in s. 6 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

[F10] Words substituted by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933), Sch.

[F9] Words repealed by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933), Sch.

[F11] Words substituted by virtue of Board of Agriculture and Fisheries Act 1903 (c. 31), s. 1(6), Ministry of Agriculture and Fisheries Act 1919 (c. 91), s. 1(1) and S.I. 1955/554 (1955 I, p. 1200), art. 3

[F7] Words in s. 6 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

[F12] Words repealed by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 26

[F13] Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289(G)

[F14] Words inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 26

[M3] 1968 c. 77.

[F15] Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)

[M4] 1976 c. 86.

6A Vicarious liability of master of boat.

[F16] S. 6A inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 27

Where any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:

7 Sea fishery officer may award compensation under ten pounds.

Every case under the Sea Fisheries Acts may be prosecuted in any sheriff court which the Scottish Ministers may declare, by a notice under the hand of a member of the staff of the Scottish Administrationduly authorised to the Procurator Fiscal of such sheriff court, to be the court nearest to the spot where the offence was committed, or otherwise the most convenient for the trial of the case.

[F17] Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

[F18] Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(5)

[F19] Words substituted by virtue of Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1(6)(b)

[F20] Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(4)

[F21] Words substituted by virtue of Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 28

[F17] Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

[F22] Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

[F17] Words in s. 7 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 6(2)

[F21] Words substituted by virtue of Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 28

[F23] Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

[F24] S. 7 proviso inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 28

[M5] 1968 c. 77.

[F25] Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)

[M6] 1976 c. 86.

8 Compensation for damage caused by offence.

. . . Where any offence is committed, as set forth in section seven hereof, it shall be competent for the person whose property has been injured to give notice in writing to the person committing such offence, and to the sheriff clerk, that at the trial of said offence the sheriff principal will be called upon to consider and dispose of the question of damages, and, in such case, the evidence led at said trial shall be evidence for the consideration of the sheriff principal on the question of damages, and the sheriff principal, at the conclusion of the said trial, shall proceed to consider and dispose of the question of compensation to the injured party, and if a report of a British sea-fishery officer has been produced, as set forth in section seven hereof, the sheriff principal shall not allow any additional evidence to be heard unless he shall consider it to be necessary in order to do justice in the case; and, if he shall allow additional evidence, the accused person shall be allowed to be examined as a witness on the question of the amount of damages, and shall, if oral evidence is to be taken on the question of damages, allow the accused person to be examined as a witness on the question of damages, and shall, after hearing parties, give decree as in an ordinary action before the sheriff court.

[F26] Words repealed by Statute Law Revision Act 1898 (c. 22), Sch. Pt. I

[F27] Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

[F28] Words substituted by virtue of Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 29

[F27] Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

[F29] S. 8 proviso inserted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 29

[M7] 1968 c. 77.

[F30] Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)

[M8] 1976 c. 86.

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31] S. 9 repealed by Sea Fish Industry Act 1970 (c. 11), Sch. 6 Pt. II

10 Powers of sea fishery officers.

For the purpose of carrying out the provisions of this Act, a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 2 of the Fishery Limits Act 1976 or any order thereunderand section 10 of that Act shall apply for the purposes of this Act as if for any reference to section 8 or 9 of that Act there were substituted a reference to this section.

[F32] Words substituted by Sea Fisheries Act 1968 (c. 77), Sch. 1 para. 30

[M9] 1968 c. 77.

[F33] Words substituted by virtue of Fishery Limits Act 1976 (c. 86), s. 2(8)(a)

[M10] 1976 c. 86.

[F34] Words added by Fishery Limits Act 1976 (c. 86), s. 4(4)

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35] S. 11 repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10(2), Sch. 2