Fisheries statutory instruments 1950-93 [collection of salmon and fisheries legislation with special respect to Cumbria]
Item Type monograph
Publisher National Rivers Authority
Download date 28/09/2021 23:30:37
Link to Item http://hdl.handle.net/1834/24872 FSH:LE:02 Statutory instruments 1950-1993 : (collection o AGFV c. 1 ac .00
SCHEDULE 1
OFFICERS OF COUNCILS OF ADMINISTRATIVE COUNTIES, COUNTY BOROUGHS AND COUNTY DISTRICTS Article 6(D)
. V SCHEDULE I—Continued SCHEDULE I—Continued SCHEDULE 1—Continued SCHEDULE l-Contlnued SCHEDULE I—Continued SCHEDULE 2
OFFICERS OF AUTHORITIES FOR WATER SUPPLY, ETC Article 8(4)
19 SCHEDULE 3
OFFICERS OF OTHER BODIES Article 9(1) SCHEDULE 3—Continued SCHEDULE 3-Continued SCHEDULE 3—Continued SCHEDULE 3—Continued Anthony Crosland, Secretary of State for the Environment. 19th March 1974. '
John Morris, Secretary of State for Wales. 19th March 1974.
EXPLANATORY NOTE (This Note is not part of the Order.) This Order makes general provision for the transfer to the authorities estab lished by or under the Local Government Act 1972 and the Water Act 1973 of persons employed by local authorities and other bodies which cease to exist by virtue of those Acts, and for the protection of the interests of those persons. Copies of the "Appeals Memorandum" may be obtained from the Local Government Staff Commission for England, 20 Grosvenor Hill, London, W.I., and the Local Government Staff Commission for Wales, Pearl Assurance House, Greyfriars Road, Cardiff. Copies of the "Water Staffs Appeals Memorandum" may be obtained from the Water Services Staff Commission for England and Wales, 20 Grosvenor Hill,. London, W.l.
25 STATUTORY INSTRUMENTS
1974 No. 483 LOCAL GOVERNMENT, ENGLAND AND WALES The Local Authorities etc. (Staff Transfer and Protection) Order 1974 1975 No. 639
SEA FISHERIES LANDING AND SALE OF SEA FISH The Salmon and Migratory Trout (Restrictions on Landing) Amendment Order 1975
Made - 10th April 1975 Laid before Parliament 25th April 1975 Coming, into Operation 19th May 1975
The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland in exercise of the powers conferred on them by sections 6 and 20(1) of the Sea Fish (Conservation) Act 1967(a) and of all other powers enabling them in that behalf, after consultation with the Secretary of State for Trade(b) hereby make the following order:—
Citation and commencement 1. This order may be cited as the Salmon and Migratory Trout (Restrictions on Landing) Amendment Order 1975 and shall come into operation on 19th May 1975.
Interpretation 2. The Interpretation Act 1889(c) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
Amendment of Previous Order 3. In Article 2(1) of the Salmon and Migratory Trout (Restrictions on Landing) Order 1972(d) there shall be inserted— (a) after the definition of "drift-net" the following definition— " "gill net" means any length of net being a net designed for the purpose of catching fish by enmeshing them." (b) after the word "drift-net" in the definition of "specified method" the words "or other gill net".
(a) 1967 c. 84. (b) For transfer of functions from the Board of Trade to the Secretary of State for Trade, see the.Secretary of State for Trade and Industry Order 1970 (S.I. 1970/1537) (1970 III, p. 5293) and the Secretary of State (New Departments) Order 1974 (S.I. 1974/692(1974 I, p. 2711). (c) 1889 c. 63. (d) S.I. 1972/1966 (1972 III, p. 5871).
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1983 No. 58 SEA FISHERIES CONSERVATION OF SEA FISH The Salmon and Migratory Trout (Restrictions on Landing) (Variation) Order 1983
Made 24th January 1983 Laid before Parliament 25th January 1983 Coming into Operation 14th February 1983 The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 6(1) and 20(1) of the Sea Fish (Conservation) Act 1967(a), and of all other powers enabling them in that behalf, after consultation with the Secretary of State for Trade, hereby make the following order:—
Title and commencement 1. This order may be cited as the Salmon and Migratory Trout (Restrictions on Landing) (Variation) Order 1983 and shall come into operation on 14th February 1983.
Variation of Principal Order 2. In article 3 of the Salmon and Migratory Trout (Restrictions on Landing) Order 1972(b) the words from "during" to "inclusive," shall be deleted. 1950 No. 1881 RIVER BOARDS The Cumberland River Board Area Order, 1950
Made - 26th October, 1950 Coming into Operation 24th November, 1950*
The Minister of Agriculture and Fisheries and the Minister of Health in exercise of the powers conferred upon them by subsection (1) (a) of section 1 of the River Boards Act, 1948(a), hereby order as follows:— 1. The area the drainage of which is directed towards rivers and their tributaries lying as to the greater part in the County of Cumberland and as to the remainder in the Counties of Westmorland and Northumberland together with adjoining areas, which areas together are more particularly delineated by a verge line of blue colour on a map in three Parts each Part of which is sealed with the Official Seals of the said Ministers and marked " Cumberland River Board Area " shall be a river board area for the purposes of the said Act and shall be known as the Cumberland River Board Area. 2. This Order may be cited as the Cumberland River Board Area Order, 1950. In Witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this twenty-sixth day of October, nineteen •hundred and fifty.
(L.S.) A. R. Manktelow, Under Secretary.
In Witness whereof the Official Seal of the Minister of Health is hereunto affixed this twenty-sixth day of October, nineteen hundred and fifty.
(L.S.) /. F. Armer, Under Secretary. * Being the day immediately following the expiration of the twenty-eight days referred to in Part II of the First Schedule to the Act. (a) 11 & HGeo. 6. c. 32. STATUTORY INSTRUMENTS 1951 No. 30 RIVER BOARDS The Cumberland River Board Constitution Order, 1951 Made - 4th January, 1951 The Minister of Agriculture and Fisheries and the Minister of Health in exercise of the powers conferred upon them by sections 1, 2, 27 and 35 of the River Boards Act, 1948(a), and of every other power enabling them in that behalf, hereby order as follows: — 1. This Order may be cited as the Cumberland River Board Constitu tion Order, 195]. 2.—(1) In this Order " the Act" means the River Boards Act, 1948 ; " the Ministers " means the Minister of Agriculture and Fisheries and the Minister of Health acting jointly ; " the river board area " means the Cumberland River Board" Area defined by the Cumberland River Board Area Order, 1950(b). (2) The Interpretation Act, 1889(c), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. 3.—(1) There shall be a river board (hereinafter referred to as " the river board ") for the river board area which shall be known as the Cumberland River Board and the number of members to be appointed thereto in pursuance of subsection (2) of section 2 of the Act shall be forty. (2) Of those members, the number to be appointed in pursuance of para graph {b) of subsection (2) of section 2 of the Act by the councils of the counties and county borough whose area, or any part of whose area, is included in the river board area shall be twenty four. 4.—(1) The number of members of the river board to be appointed respec tively by the councils of the counties and county borough named in the first column of the First Schedule to this Order, being the counties and county borough whose area, or part of whose area, is included in the river board area, shall be the number shown opposite the name of the county or county borough in the second column of that Schedule. (2) Of the members to be appointed by the council of the county of Cumberland, nine shall, in pursuance of subsection (5) of section 2 of the Act, be appointed as follow?, namely, the several numbers set out in the first column of the Second Schedule hereto shall respectively be appointed from among persons nominated by the council of the county district set out opposite that number in the second column of the said Schedule. 5. The day (hereinafter referred to as " the appointed day") on which the functions referred to in section 4 of the Act are to become exercisable by the river board in relation to the river board area -and are to cease to be exercisable by other bodies and on which any consequential vesting in the rive: board of property rights liabilities and obligations is to take place shall be (a) 11 & 12 Geo. 6. c. 32. (b) S.I. 1950 No. 1881. (c) 52 & 53 Vict. c. 63. the first day of April or the first day of October, whichever is the earlier, next following the day appointed by the Ministers for the first meeting of the river board. 6. As from the appointed day the bodies named in the Third Schedule hereto, being bodies whose functions wholly cease in consequence of this Order, shall be dissolved. 7. The river board shall as soon as practicable consult with each body from which functions are to be transferred to the river board by section 4 of the Act, being a body part only of whose area or district is included in the river board area, and with any other river board whose area includes any part of the area or district of any such body, as to the following matters: {a) what, if any, of the property, rights, liabilities and obligations of the . body (being property, rights, liabilities and obligations which would, if the whole area or district of that body were included in the river board area, be transferred tinder subsection (I) of section 25 or under sub section (1) of section 26 of the Act) is to be transferred to the river board: (b) in what cases liabilities of the body are to be apportioned and financial adjustments made between the river board and the body ; (c) the apportionment of any such liabilities and the making of any such financial adjustments; (d) the amendment of any instrument affected by any such apportionment • or adjustment; and the said matters shall be determined by agreement between the river board and the body and, if the case requires, the other river board, or in default of agreement— (i) if the body is a fishery board or a catchment board, by the Minister of Agriculture and Fisheries; (ii) in any other case, by the Minister of Health. In Witness whereof the Official Seal of the Minister of Agriculture and Fisheries . is hereunto affixed this fourth day of January, nineteen hundred and fifty-one. (L.S.) (Sgd.) H. J. Johns, Under Secretary. In Witness whereof the Official Seal of the Minister of Health is hereunto affixed this fourth day of January, nineteen hundred and fifty-one. (L.S.) (Sgd.) /. F. Armer, Under Secretary. FIRST SCHEDULE County Number of Members Cumberland Sixteen. Northumberland '...... None. Westmorland .. • .. .. One. York, North Riding None. County Borough Carlisle Seven. SECOND SCHEDULE
THIRD SCHEDULE Derwent Board of Conservators. Eden Board of Conservators. River Eden Catchment Board.
EXPLANATORY NOTE {This Note is not part of the Order, but is intended to indicate its general purport.) The River Boards Act, 1948 requires the Ministers by order to define river board areas and to establish river boards for those areas. The Cumberland River Board Area having been defined by the Cumberland River Board Area Order, 1950, this Order establishes the river board for that area. As required by the Act, this Order specifies the total number of members of the board, and the number of those members who are to be appointed by councils of counties and county boroughs. The Act itself provides for the appointment of the remainder. As from the appointed day fixed by this Order in relation to the Cumber- land River Board Area the functions relating to land drainage, fisheries and river pollution which the Act transfers, become exercisable by the river board in relation to its area, and cease to be exercisable by other bodies. 1952 No. 2058 RIVER, ENGLAND SALMON AND FRESHWATER FISHERIES The Lancashire River Board Area (Freshwater Fisheries) Order, 1952 Made- - - - 27th November, 1952 The Minister of Agriculture and Fisheries by virtue and in exercise of the powers vested in him under Section 65 of the Salmon and Freshwater Fisheries Act, 1923(a), as applied by Section 4 of the River Boards Act, 1948(b), and of every other power enabling him in this behalf, hereby makes the following Order :— 1. This Order, which may be cited as the Lancashire River Board Area (Freshwater Fisheries) Order, 1952, applies to the Lancashire River Board Area (in this Order referred to as " the River Board Area ") as defined in the Lancashire River Board Area Order, 1950(c). 2. The provisions of Sections 61 to 64 inclusive of the Salmon and Freshwater Fisheries Act, 1923, shall apply, in respect of all waters within the River Board Area except lakes, ponds and canals, to all fresh water fish and to all instruments used for fishing for freshwater fish in like manner as they apply to salmon and trout and to instrument's used for fishing for salmon and trout.
In Witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this 27th day of November, nineteen hundred and fifty-two.
(L.S.) R. G. R.Wall, Fisheries Secretary.
EXPLANATORY NOTE (This note is not part of the Order, but is intended to indicate its general purport.) This Order applies to fishing for freshwater fish the same requirements as to the obtaining of licences as apply to fishing for salmon and trout. (a) 13 & 14 Geo. 5. c. 16. (b) 11 & 12 Geo. 6. c. 32. (c) S.I. 1950/1601. STATUTORY INSTRUMENTS 1954 No. 1132 RIVER, ENGLAND SALMON AND FRESHWATER FISHERIES The Lancashire River Board (Fisheries) Order, 1954
Made - 30th June, 1954 ' Coming into Operation 24th August, 1954
The Minister of Agriculture and Fisheries by virtue and in exercise of the powers vested in him by Sections 37 and 38 of the Salmon and Freshwater Fisheries Act, 1923(a), as amended by the Salmon and Freshwater Fisheries Act, 1935(b) and applied by Section 4 of the River Boards Act, 1948(c), and of all other powers enabling him in that behalf hereby makes the following Order: —
PART I Citation and Commencement 1. This Order may be cited as the Lancashire River Board (Fisheries) Order, 1954, and shall, unless subject to special parliamentary procedure, come into operation on the date of its confirmation by the Minister. Definitions and Interpretation 2.—(1) In this Order, unless the context otherwise requires: — " The Minister" means the Minister of Agriculture and Fisheries; "The River Board " means the Lancashire River Board as constituted under the Lancashire River Board Constitution Order, 1950(d), and includes, for the purpose of the discharge of any functions of the Board under this Order which may be delegated to any Committee of the Board, that Committee. " The River Board Area " means the Lancashire River Board Area as defined in the Lancashire River Board Area Order, 1950(e). The expression "owner" in relation to a fishery includes any person who is entitled to receive the rents of the fishery from the occupier thereof or who would be so entitled if the fishery were let to a tenant. (2) The Interpretation Act, 1889(f), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. (3) Any document purporting to be signed by one of several persons entitled as joint tenants of a fishery on behalf of himself and the other persons or to be signed by the clerk of any body corporate being an owner of a fishery on behalf of such body shall unless and until the contrary is proved be treated for the purposes of this Order as signed by all the persons entitled or by the body corporate as the case may be. (a) 13 & 14 Geo. 5. c. 16. (b) 25 & 26 Geo. 5. c. 43- • (c) 11 & 12 Geo. 6. c. 32. (d) S.I. 1950/1843 (1950 II, p. 701), (e) S.I. 1950/1601. (f) 52 & 53 Vict. c. 63. PART II Imposition, Collection and Recovery of Contributions in respect of several fisheries 3.—(1) Subject to the provisions of this Order the River Board may, if at any time it so resolves, impose, collect, and recover either summarily as a civil debt of as a simple, contract debt in any Court of competent juris diction, contributions in respect of any year ending on the 31st March to be paid by the owners of several fisheries in the River Board Area which are salmon fisheries or trout fisheries of the yearly value of five pounds and upwards and the contributions to be imposed on the owners of the fisheries shall except as provided in the succeeding paragraph of this article be calculated at a uniform amount per pound on the yearly value of their fisheries. Provided that in any such year no owner shall become liable to pay by way of contributions in respect of any one fishery a sum exceed ing the amount of a contribution calculated as aforesaid at the rate of five shillings per pound on the yearly value of the fishery, unless the Minister has consented to the imposition on fishery owners of contributions in excess thereof. (2) For the purposes of the preceding paragraph the River Board may by resolution, if having regard to all the circumstances of the case it thinks it just so to do— (a) divide the river board area into districts ; {b) impose contributions at different rates in different districts ; (c) refrain from imposing contributions in any district or any specified part thereof; (d) remit or reduce any contribution by such amount as it may decide on account of any temporary damage to or deterioration in the fishery in respect of which it is payable. Yearly Value for purposes of Contribution 4. For the purposes of this Order the yearly value of a several fishery shall be the rent at which the fishery might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenants' rates and taxes (if any) and to bear the cost of the repairs insurances and other expenses (if any) necessary to maintain the fishery in a state to command that rent less any tithe rent-charge payable by the owner. 5.—(1) Where the owner of a several fishery appears to be liable to the imposition of a contribution the River Board shall cause the yearly value of the fishery to be determined either by agreement with the owner thereof or in default of such agreement in manner provided by this Article. (2) If the River Board and the owner of a fishery fail to agree as to the yearly value of the fishery the River Board shall provisionally assess the yearly value of the fishery at such amount as it thinks reasonable and notify such provisional assessment by registered post to the reputed owner of the fishery by notice in the form (Form I) set forth in the Schedule hereto. If no objection in writing to such provisional assessment is received by the clerk of the River Board from the reputed owner within twenty-one days after the date on which the notice was posted the yearly value of the fishery shall for the purposes of this Order be deemed to have been determined by agreement at the amount stated in the notice and the person to whom the notice was sent shall be entered in the register of assessments as the owner of the fishery. If objection in writing is duly made by the reputed owner to such provisional assessment and the River Board and 2 the reputed owner of the fishery fail to agree as to the yearly value of the fishery the yearly value shall be determined under and in accordance with the provisions of the Arbitration Act, 1950(g), as amended by any other enactment, by a single arbitrator appointed, in default of agreement, on the application of either party by the Minister. Provided that if the amount of the provisional assessment does not exceed the net annual value of the fishery for the purposes of the Rating and Valuation Act, 1925(h) then the reputed owner of the fishery shall not be entitled to object thereto, and as from the date of the provisional assess ment notice the amount named therein shall be deemed to be the yearly value of the fishery agreed between the River Board and the reputed owner Provided that a copy of this paragraph is annexed to or endorsed on such notice. (3) A member of the River Board shall not act in respect of the assess ment of a fishery if he is the owner or occupier of such fishery or the agent of the owner or occupier. Register of Assessments 6.-(1) The yearly value of a fishery when determined in accordance with the provisions of the last preceding Article shall be entered by the clerk of the River Board in a register of assessments with a description of the fishery and the name and address of the owner or reputed owner thereof. The Clerk of the River Board may upon the application of any person claiming to be the owner of a fishery entered in such register and upon such evidence of ownership as appears to him to be sufficient, insert the name and address of the applicant in the register as the owner of the fishery in the place of any person so entered as owner thereof. (2) The register of assessments shall be kept at the principal office of the River Board and be open to inspection free of charge by any person claiming bona fide to be an owner of a fishery registered or liable to be registered therein or by the agent of the owner or by any person liable to pay the contributions imposed under this Order in respect of any such fishery and this right of inspection shall include a right to make copies of entries in the register. -Recovery of Contributions 7.—(1) The River Board shall determine (the date on which contributions imposed under this Order shall be payable and shall send by post notices of demand for payment of the contributions in the form (Form II) set forth in the Schedule hereto to the persons entered in the register of assessments as owners or reputed owners of fisheries. (2) Contributions shall be payable by such persons to the River Board at the time stated in the notice provided that if the River Board is unable to ascertain the owner of any fishery or if the owner of any fishery makes default in payment of a contribution the contribution or balance thereof may be recovered from the occupier of such fishery as hereinafter provided in lieu of being recovered from the owner. (3) In any case where the River Board cannot ascertain the owner of a fishery or the owner of a fishery is in default of payment of a contribution the River Board may send by post a notice in the form (Form III) set forth in the Schedule hereto to the occupier of such fishery and thereupon the contribution or the balance thereof shall be payable by the. occupier to the (g) 14 Geo. 6. c. 27. (h) 15 & 16 Geo. 5. c. 90. 3 River Board at or before the time stated in the notice and shall be recover able in the same manner as an owner's contribution by the River Board without prejudice to any right of the occupier to be reimbursed by the owner the amount so recovered. Provided that the River Board's right of recovery against the owner shall only abate if or to the extent the contribu tion or balance thereof is recovered from the occupier. (4) In any proceedings for the recovery of a contribution a certificate in the form (Form IV)' set forth in the Schedule to this Order purporting to be signed by the clerk of the River Board shall be sufficient evidence of the facts therein stated and unless the contrary is proved the person entered in the register of assessments as the owner or reputed owner of a fishery shall for the purpose of any such proceedings be deemed to be the owner of the fishery. 'Apportionment and Redetermination of Yearly Values 8.—(1) Subject as 'herein provided the River Board shall on the applica tion of any person claiming to be the owner of a fishery who is liable to the imposition of a contribution under this Order, proceed as soon as is practicable— (a) if the yearly value of the fishery has not been determined either separately in the manner hereinbefore provided or together with another fishery, to determine the yearly value of the fishery ; or (b) to apportion any yearly value between the fishery of the applicant and any other fishery to which it relates ; or (c) to redetermine the yearly value of the fishery. (2) In the case of apportionment notice of the application shall be given to the owner of any other fishery to which the yearly value relates and the River Board shall apportion the yearly value between the fisheries but the owner of any fishery affected may by notice in writing delivered or sent by post to the clerk of the River Board within seven days after receipt of noti fication of the apportionment require the apportionment to be made by a valuer who in default of agreement shall be appointed by the Minister, and the apportionment shall thereupon be so made. The remuneration of the valuer shall, as he may direct, be paid either by the River Board or by one of the owners of the fisheries or by such owners in such shares as he may fix, and the amount of the remuneration, unless agreed, shall be fixed by the Minister. (3) The yearly value of a fishery may be redetermined by the River Board from time to time without an application by the owner thereof. Provided that no re-determination shall be made until after the expiration of three years from the date of tie previous determination unless— (a) the owner consents to the making of it, or (b) by the making or revocation of a byelaw the yearly value of the fishery is in the opinion of the River Board increased or diminished. Transitional Provisions Relating to Contributions 9. The River Board Area shall as from the coming into operation of this Order and until the River Board otherwise resolves be deemed to be divided (as though by a resolution of the Board under this Order) into the four following districts comprising: (a) the area to which the Kent Bela Winster Leven and Duddon Fisheries Provisional Order, 1912(i) refers, (j)2&3 Geo. 5.c. clviii. 4 (b) the area to which the Ribble Fisheries Provisional Order, 1913,(k), refers, (c) the area to which the Lume Fisheries Provisional Order, 1909(1), refers, (d) the remainder of the River Board Area, and all yearly valuations applicable, apportionments made and registers. kept for the purposes of the aforesaid Orders or anything made, taken or done in connection therewith, shall have effect as though applicable, made, kept, taken or done for the purposes of this Order. Notices 10. All notices required by this part of this Order to be sent by post and duly posted shall be deemed unless the contrary is proved to have been received in the ordinary course of post. Forms 11. All forms set forth in the Schedule hereto shall be subject to such modification as the River Board may deem expedient.
PART III Fixed Engines 12.—(1) Notwithstanding the provisions of Section 11 of the Salmon and Freshwater Fisheries Act, 1923,. or any provision amending or extending such provisions the River Board may by itself or its lessee erect within the River Board Area and work fixed engines for salmon or migratory trout as may be approved by the Minister, subject to such conditions (if any) as may be attached by the Minister to his approval. (2) A fixed engine shall not be worked under the authority of this provision for a period exceeding rive years unless the authority is from time to time extended by licence of the Minister for such period, not exceeding at any one time five years, as may be specified in the licence. (3) All rents and profits derived by the River Board from the fixed engines by this provision authorised shall be appropriated for the purpose of the maintenance, improvement and development of the fisheries in the River' Board Area. Modification of Sections 16 and 20 of The Salmon and Freshwater Fisheries Act, 1923 13. The power of the River Board to acquire obstructions and to construct and alter fish passes conferred by Sections 16 and 20 of the Salmon and Freshwater Fisheries Act, 1923, shall extend to the acquisition of natural obstructions and to the erection and maintenance of a fish pass on or adjacent thereto. Power to make Byelaws 1.4. The pro-visions of Section 59 of the Salmon and Freshwater Fisheries •Act, 1923, (which relate to byelaws) in so far as they relate to the.making of byelaws' in respect of freshwater fish and fishing for freshwater fish, shall, within the River Board Area, apply to eels and elvers and fishing for eels and elvers with the modification that the provision in paragraph (e) of subsection (1) of Section 59 as to the minimum period of the annual close season shall not apply.' (k) 3 & 4 Geo. 5. c. clxiv. (I) 9 Edw. 7. c. clvii. 5 33401 A2 Licences to Fish for Eels and Elvers 15.—(1) The provisions of Sections 61 to 64 inclusive of the Salmon and Freshwater Fisheries Act, 1923, (which relate to licences) shall, within the River Board Area apply to eels and elvers in like manner as they apply to trout. .'(2) A licence to use any instrument for fishing for trout or freshwater fish shall have effect also as a licence to use the same instrument for taking eels and elvers. Saving Rights of Owners of several Fisheries 16. Nothing contained in or authorised by the two preceding Articles of this Order shall prevent the owner or occupier of any several fishery where salmon or trout are specially preserved from removing from that fishery any eels or elvers. Modification of subsections (1) (a) and (3) of Section 36 of the Salmon and Freshwater Fisheries Act, 1923 17.—(1) The provisions of paragraph (a) of subsection (1) and of sub section (3) of Section 36 of the Salmon and Freshwater Fisheries Act, 1923, shall in their application to waters within the River Board Area be modified so as to read as follows: " (a) hang, fix or use in any waters frequented by salmon or migratory trout any baskets, nets, traps or devices for catching eels (other than rod and line), unless the nature and design of such baskets, nets, traps or devices shall have been previously approved of and licensed by the Board, or, between the thirty^first day of December and the twenty-fifth day of June following, place in any inland water any device whatsoever to catch or obstruct any fish descend ing the river; or " "(3) Nothing in this Section shall extend to prohibit the use of eel baskets not exceeding in any part ten inches in diameter, constructed so as to be fished with bait, and not used at a dam or other obstruction or in any conduit or artificial channel by which water is deviated from a river or any device for taking eels in such place, during such time, and subject to such conditions as may be authorised in writing by the River Board". Modification of Salmon and Freshwater Fisheries Act, 1923, Section 59 (1) (d) 18. Subsection (1) (d) of Section 59 of the Salmon and Freshwater Fisheries Act, 1923, shall apply within the River Board Area as if for the words " does not commence later than the first day of October in each year, or as regards migratory trout, not", there were substituted the words " as regards migratory trout does not commence ". Modification of Salmon and Freshwater Fisheries Act, 1923,, Section 62 (4) 19. Subsection (4) of Section 62 of the Salmon and Freshwater Fisheries Act, 1923 (which excludes from the provisions of that section for the limita tion of licences, any instrument which is worked by one man only and is not worked from a boat) shall not apply within the River Board Area. Revocation ... 5 , 20.—(1) The following Orders are hereby revoked so far as they apply' to the River Board Area.. (i) The Kent Bela Winster Leven and Duddon Fisheries Provisional Order, 1912. (ii) The Lune Fisheries Provisional Order, 1909. 6 (hi) The Lune District Fishery Order, 1934(m), (iv) The Ribble Fisheries Provisional Order, 1913. (v) The Lancashire River Board (Fisheries) Order, 1952(a). (2) Any instrument made or other thing whatsover done under any of the orders hereby. revoked, and in force or of effect at the commencement of this Order, shall so far as it could have been made or done under this Order, continue and have effect as if made or done under the corresponding provision of this • Order. In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this thirtieth day of June, nineteen hundred and fifty-four. (L.S.) (Sgd.) J. A.K. Christie, Assistant Secretary. Confirmed by the Minister of Agriculture and Fisheries./ In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this twenty-fourth day of August, nineteen hundred and fifty-four.
(L.S) (Sgd.) R. G. R. Wall, Fisheries Secretary. SCHEDULE TO NOTICE
Description of Fishery as proposed to be entered in Register of Assessments
(Date on which the Notice is sent)
FORM II Salmon and Freshwater Fisheries Act, 1923 Lancashire River Board (Fisheries) Order, 1954 Notice of Demand for Payment of Contribution by the Owner or Reputed Owner of a Fishery. To Notice isr hereby given that the Lancashire River Board has imposed con tributions in respect of the year ending on 31st March, 19 , to be paid by the owners of fisheries for salmon or trout in the Lancashire River Board Area and has directed that the same shall be payable on the day of The amount payable in respect of such contribution by the owner of the fishery described in the schedule to this notice is £ s. d. which is hereby required to toe paid on or before the above-mentioned date. Cheques, money orders and postal orders should be made payable to the Lancashire River Roard and crossed. They should not be made payable to any individual officer. (Signed)
Clerk of the Lancashire River Board. Dated ,19 . Schedule to Notice
Description of Fishery as entered in Register of Assessments
FORM III Salmon and Freshwater Fisheries Act, 1923 Lancashire River Board (Fisheries) Order, 1954 Notice of Demand for Payment of a Contribution by the Occupier of a Fishery. To Notice is hereby given that the Lancashire River Board has imposed a contribution in respect of the year ending on 31st March, 19 , 8 upon the owner of the fishery described in the Schedule to this notice amounting to £ and that *(the River Board is unable to ascertain the owner of the said fishery) *(the owner of the said fishery has made default in paying the amount due from him). And also take notice that the sum of £ being the amount of the said contribution or the balance thereof outstanding is required under the provisions of the above-mentioned Order to fee paid toy you as occupier of the said fishery on or before the ' Cheques, money orders and postal orders should be made payable to the Lancashire River Board and crossed. They should not be made payable to any individual officer. (Signed).
Clerk of the Lancashire River Board, day of
SCHEDULE TO NOTICE
Description of Fishery as entered in Register of Assessments
FORM IV Salmon and Freshwater Fisheries Act, 1923 Lancashire River Board (Fisheries) Order, 1954 Certificate as to Contribution imposed by the Lancashire River Board. I, , herefoy certify that the amount of £ s. d. is payable to the Lancashire River Board by the owner of the fishery described in the schedule to this certificate in respect of a contribution duly imposed by the River Board, and that the person entered in the register of assessments as owner of such fishery is of (Signed)
Clerk of the Lancashire River Board.
Schedule to Certificate
Description of Fishery as entered in Register of Assessments
9 EXPLANATORY NOTE (This Note is not part of the Order, but is intended to indicate its general purport.} |On its establishment under the River Boards Act, 1948, the Lancashire River Board took over' as part of its functions the duties of three fishery boards whose fishery districts now come within the Lancashire River Board Area. This Order consolidates, with minor amendments, the various provisions .relating to rating and other powers formerly set out in separate orders for the different fishery districts, and applies them to the whole of the Lancashire River Board Area. STATUTORY INSTRUMENTS 1955 No. 1311 RIVER, ENGLAND SALMON AND FRESHWATER FISHERIES The Cumberland River Board (Contributions in respect of Several Fisheries) Order, 1955 Made - 1th June, 1955 Coming into Operation 18th August, 1955 The Minister of Agriculture, Fisheries and Food by virtue and in exercise of the powers vested in him under Sections 37 and 38 of the Salmon and Freshwater Fisheries Act, 1923(a), as applied by Section 4 of the River Boards Act, 1948(b), and of all other powers enabling him in that behalf hereby makes the following Order: — Citation and Commencement 1. This Order may be cited as the Cumberland River Board (Contributions in respect of Several Fisheries) Order, 1955, and shall, unless subject to special parliamentary procedure, come into operation on the day on which it is confirmed by the Minister. Definitions and Interpretation 2.—(1) In this Order, unless the context otherwise requires: — " The Minister " means the Minister of Agriculture, Fisheries and Food. " The River Board " means the Cumberland River Board as constituted under the Cumberland River Board Constitution Order, 1951(c), and includes, for the purpose of the discharge of any functions of the Board under this Order which may be delegated to any Committee of the Board, that Committee. " The River Board Area " means the Cumberland River Board Area as defined in the Cumberland River Board Area Order, 1950(d). (2) The Interpretation Act, 1889(e), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. (3) Any document purporting to be signed by one of several persons entitled as joint tenants of a fishery on behalf of himself and the other persons or to be signed by the clerk of any body corporate being an owner of a fishery on behalf of such body shall unless and until the contrary is proved be treated for the purposes of this Order as signed by all the persons entitled or by the body corporate as the case may be. Imposition, collection and recovery of contributions in respect of several fisheries '••'• 3.—(1) Subject to the provisions of this Order, the River Board may, if at any time it so resolves, impose, collect, and recover either summarily as a civil debt or as a simple contract debt in any Court of competent juris diction, contributions in respect of any year ending on the 31st March to (a) 13 & 14 Geo. 5. c. 16. (b) 11 & 12 Geo. 6. c. 32. . (c) S.I. 1951/30 (1951 II, p. 4771 (d) S.I. 1950/1881. (e) 52 & 53 Vict. c. 63. be paid by the owners of several fisheries in the River Board Area which are salmon fisheries or trout fisheries of the yearly value of five pounds and upwards, and the contributions to be imposed on the owners of the fisheries shall except as provided in the succeeding paragraph of this article be calculated at a uniform amount per pound on the yearly value of their fisheries. Provided that no owner shall become liable in respect of any one such year to pay by way of a contribution or contributions on account of any one fishery a sum exceeding in the aggregate an amount calculated at the rate of 5s. Od. per pound on the said yearly value, unless the Minister has consented to an increase of the aforesaid rate. (2) For the purposes of the preceding paragraph the River Board may by resolution, if having regard to all the circumstances of the case it thinks it Just so to do— (a) divide the river board area into districts ; (b) impose contributions at different rates in different districts ; (c) refrain from imposing contributions in any district or any specified part thereof, or (d) remit or reduce any contribution by such amount as it may decide on account of any temporary damage to or deterioration in the fishery in respect of which it is payable. Yearly value for purposes of contribution 4. For the purposes of this Order the yearly value of a several fishery shall be the rent at which the fishery might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenants' rates and taxes (if any) and to bear the cost of the repairs insurances and other expenses (if any) necessary to maintain the fishery in a state to command that rent less the tithe rent-charge payable by the owner. 5.—(1) Where the owner of a several fishery appears to be liable to the imposition of a contribution the River Board shall cause the yearly value of the fishery to be determined either by agreement with the owner thereof or in default of such agreement in manner provided by this Article. (2) If the River Board and the owner of a fishery fail to agree as to the yearly value of the fishery, the River Board shall provisionally assess the yearly value of the fishery at such amount as it thinks reasonable and notify such provisional assessment by registered post to the reputed owner of the fishery by notice in the form (Form I) set forth in the Schedule hereto. If no objection in writing to such provisional assessment is received by the clerk of the River Board from the reputed owner within twenty-one days after the date on which the notice was posted the yearly value of the fishery shall for the purposes of this Order be deemed to have been determined by agreement at the amount stated in the notice and the person to whom the notice was sent shall be entered in the register of assessments as the owner of the fishery. If objection in writing is duly made by the reputed owner to such provisional assessment and the River Board and the reputed owner of the fishery fail to agree as to the yearly value of the fishery the yearly value shall be deter mined under and in accordance with the provisions of the Arbitration Act, 1950(f), as amended by any other enactment by a single arbitrator appointed in default of agreement on the application of either party by the Minister. Provided that, if the amount of the provisional assessment does not exceed the net annual value of the fishery for the purposes of the Rating and Valuation Act, 1925(g), then tHe, reputed owner of the fishery shall not he (f) 14 Geo. 6. c. 27. (g) 15 & 16 Geo. 5. c. 90.
• 2 entitled to object thereto, and as from the date of the provisional assessment notice the amount named therein shall be deemed to be the yearly value of the fishery agreed between the River Board and the reputed owner Provided that a copy of this paragraph is annexed to or endorsed on such notice. (3) A member of the River Board shall not act in respect of the assess ment of a fishery if-he. is the owner or occupier of such fishery or the agent of the owner or occupier. Register of assessments 6.—(1) The yearly value of a fishery when determined in accordance with the provisions of the last preceding Article shall be entered by the clerk of the River Board in a register of assessments with a description of the fishery and the name and address of the owner or reputed owner thereof. The clerk of the River Board may upon the application of any person claiming to be the owner of a fishery entered in such register and upon such evidence of ownership as appears to him to be sufficient insert the name and address of the applicant in the register as the owner of the fishery in the place of any person so entered as owner thereof. (2) The register of assessments shall be kept at the office of the River Board and be open to inspection free of charge by any person claiming bona fide to be an owner of a fishery registered or liable to be registered therein or by the agent of the owner or by any person liable to pay the contributions imposed under this Order in respect of any such fishery and this right of inspection shall include a right to make copies of entries in the register. Recovery of contributions 7.—(1) The River Board shall determine the date on which contributions imposed under this Order shall be payable and shall send by post notices of demand for payment of the contributions in the form (Form II) set forth in the Schedule hereto to the persons entered in the register of assess ments as owners or reputed owners of fisheries. (2) Contributions shall be payable by such persons at the time stated in the notice to the River Board ; provided that if the River Board is unable to ascertain the owner of any fishery or if the owner of any fishery makes default in payment of a contribution the contribution or balance thereof may be recovered from the occupier of such fishery as hereinafter provided. (3) In any case where the River Board cannot ascertain the owner of a fishery or the owner of a fishery is in default of payment of a contribution the River Board shall send by post a notice in the form (Form III) set forth in the Schedule hereto to the occupier of such fishery and the contribution or balance' thereof shall be- payable by the occupier to the River Board at the time stated in the notice and shall be recoverable by the River Board in the same manner as an owner's contribution without prejudice to any right of the occupier to be reimbursed by the owner the amount thereof. Provided that the River Board's right of recovery against the owner shall only abate if or to the extent that the contribution or balance thereof is recovered from the occupier. (4) In any proceedings for the recovery of a contribution a certificate in the form (Form IV) set forth in the Schedule to this Order purporting to be signed by the clerk of the River Board shall be sufficient evidence of the. facts therein stated and unless the contrary is proved the person entered ; in the register of assessments as the owner or reputed owner of a fishery shall for the purpose of any such proceedings be deemed to be the owner of the fishery. 3 Apportionment and re-determination of yearly values 8.—(1) Subject as herein provided the River Board shall on the application of any person claiming to be the owner of a fishery who is liable to the imposition of a contribution under this Order, proceed as soon as is practicable- (a) if the yearly value of the fishery has not been determined either separately in the manner hereinbefore provided or together with another fishery, to determine the yearly value of the fishery; or (b) to apportion any yearly value between the fishery of the applicant and any other fishery to which it relates; or (c) to redetermine the yearly value of the fishery. (2) In the case of apportionment notice of the application shall be given to the owner of any other fishery to which the yearly value relates and the River Board shall apportion the yearly value between the fisheries but the owner of any fishery affected may by notice in writing delivered or sent by post to the cleric of the River Board within seven days after receipt of notification of the apportionment require the apportionment to be made by a valuer who in default of agreement shall be appointed by the Minister, and the apportionment shall thereupon be so made. The remuneration of the valuer shall as he may direct, be paid either by the River Board or by one of the owners of the fisheries or by such owners in such shares as he may fix, and the amount of the remuneration, unless agreed, shall be fixed by the Minister. (3) The yearly value of a fishery may be re-determined by the River Board from time to time without an application by the owner thereof. Provided that no re-determination shall be made until after the expiration of three years from the date of the previous determination unless—• (a) the owner consents to the making of it, or (b) by the making or revocation of a byelaw the yearly value of the fishery is in the opinion of the River Board increased or diminished. (4) The provisions of paragraphs (1) and (2) of Article 5 of this Order shall apply in the case of a re-determination under this Article. Notices 9. All notices required by this Order to be sent by post and duly posted shall be deemed unless the contrary is proved to have been received in the ordinary course of post. Forms 10. All forms set forth in the Schedule hereto shall be subject to such modification as the River Board may deem expedient. Revocation 11. Articles 5 to 11 of the Derwent Fisheries Provisional Order, 1911(h), are hereby revoked. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this seventh day of June, nineteen hundred and fifty-five. (L.S.) (Sgd) C. F. Huntley, Assistant Secretary. (h). 1 & 2 Geo. 5. c. cxxxviii. 4 Confirmed by the Minister of Agriculture, Fisheries and Food.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this eighteenth day of August, nineteen hundred and fifty-five. (L.S.) (Sgd) C. F. Huntley, Assistant Secretary. SCHEDULE FORMS FORM I Salmon and Freshwater Fisheries Act, 1923 Cumberland River Board (Contributions in respect of Several Fisheries) Order, 1955 NOTICE OF PROVISIONAL ASSESSMENT OF FISHERIES To Notice is hereby given that the Cumberland River Board has provisionally assessed the yearly value of the fishery described in the schedule to this notice at £ s. d. If no objection to such provisional assessment by or on your behalf is received by the undersigned within twenty-one days after the date of this notice the yearly value of the fishery will for the purposes of the Cumberland River Board (Contributions in respect of Several Fisheries) Order, 1955, be deemed to have been determined by agreement at the amount above stated and in default of any objection you will be entered in the register of assessments as the owner of the fishery. If notice of objection is duly .given you will be entitled to have the value determined in default of agreement by arbitration. (Signed) Clerk of the Cumberland River Board. SCHEDULE TO NOTICE
DESCRIPTION OF FISHERY AS PROPOSED TO BE ENTERED IN REGISTER OF ASSESSMENTS The amount payable in respect of such contribution by the owner of the fishery described in the schedule to this notice is £ s. d. which is hereby required to be paid on or before the above-mentioned date. Cheques, money orders and postal orders should be made payable to the Cumberland River Board and crossed. They should not be made payable to any individual officer. (Signed) Clerk of the Cumberland River Board. Dated 19 .
SCHEDULE TO NOTICE
Description of Fishery as entered in Register of Assessments
FORM III
Salmon and Freshwater Fisheries Act, 1923
Cumberland River Board (Contributions in respect of Several Fisheries) Order, 1955
NOTICE OF DEMAND FOR PAYMENT OF A CONTRIBUTION BY THE OCCUPIER OF A FISHERY To
Notice is hereby given that the Cumberland River Board has imposed; a contribution in respect of the year ending on 31st March, 19 , upon the owner of the fishery described in the Schedule to this Notice amounting to £ and that * the River Board is unable to ascertain the owner of the said fishery * the owner of the said fishery has made default in paying the amount due from him. * Delete words not applicable. And also take notice that the said sum of £ is required under the .. provisions of the above-mentioned Order to be paid by you as occupier of the said fishery on the ' Cheques, money orders and postal orders should be made payable to the- Cumberland River Board and crossed. They should not be made payable to any individual officer. (Signed) Clerk of the Cumberland River Board. Dated the day of SCHEDULE TO NOTICE
Description of Fishery as entered in Register of Assessments
6 FORM IV Salmon and Freshwater Fisheries Act, 1923 Cumberland River Board (Contributions in respect of Several Fisheries) • . Order, 1955
CERTIFICATE AS TO CONTRIBUTION IMPOSED BY THE CUMBERLAND RIVER BOARD I, . , hereby certify that the amount of £ s. d. is payable to the Cumberland River Board by the owner of the fishery described in the schedule to this certificate in respect of a contribution duly imposed by .the River Board, and that the person entered in the register of assessments as owner of such fishery is of (Signed) Clerk of the Cumberland River Board. SCHEDULE TO CERTIFICATE
Description of Fishery as entered in Register of Assessments
EXPLANATORY NOTE (This note is not part of the Order, but is intended to indicate its general purport.) Fishery Boards are now replaced by River Boards. . This Order revokes the rating powers of the former Derwent Fishery Board and substitutes a uniform procedure for the wider area under the Cumberland River Board's jurisdiction.
1956 No. 2083 RIVER, ENGLAND
SALMON AND FRESHWATER FISHERIES ACT, 1923 The Cumberland River Board (Fisheries) Order, 1956 Made - - - - 25th October, 1956 Coming into Operation 21st December, 1956 The Minister of Agriculture, Fisheries and Food by virtue and in exercise of the powers vested in him under Sections 37 and 38 of the Salmon and Fresh water Fisheries Act. 1923(a), as applied by Section 4 of the River Boards Act, 1948(b). and of all other powers enabling him in that behalf hereby makes the following Order:— Citation and Commencement 1. This Order may be cited as the Cumberland River Board (Fisheries) Order. 1956, and shall, unless subject to special Parliamentary procedure, come into operation on the day on which it is confirmed by the Minister of Agriculture, Fisheries and Food. Definitions and Interpretation 2.—(1) In this Order, unless the context otherwise requires:— " The River Board " means the Cumberland River Board constituted under the Cumberland River Board Constitution Order, 1951(c). "The River Board Area" means the Cumberland River Board Area as defined in the Cumberland River Board Area Order, 1950(d). (2) The Interpretation Act, 1889(e), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. Modification of Section 61 of the Salmon and Freshwater Fisheries Act, 1923. as respects Haaf nets. 3. Those provisions of rule (i) in Section 61 of the Salmon and Freshwater Fisheries Act, 1923, which relate to or authorise the use of a licence for any instrument for fishing for salmon or trout by an agent or servant of the person to whom the licence is granted shall cease to apply as respects any licence issued by the River Board for a Haaf net, and accordingly in its application to Haaf nets within the River Board Area rule (i) shall be read and have effect as though the words "or his agent or servant" in para graph (i) thereof and all the paragraphs thereof succeeding paragraph (i) were omitted.
In witness whereof the Official Seal of the Minister of Agriculture. Fisheries and Food is hereunto affixed this twenty-fifth day of October, nineteen hundred and fifty-six. Confirmed by the Minister of Agriculture, Fisheries and Food. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this twenty-first day of December, nineteen 'hundred and fifty-six. (L.s.) ' (Sgd.) C.F. Huntley, Assistant Secretary.
EXPLANATORY NOTE (This Note is not part of the Order but is intended to indicate its genera! purport.) This Order modifies Section 61 of the Salmon and Freshwater Fisheries Act, 1923, so that in the Cumberland River Board Area only the person to whom a licence for a Haaf net has been issued may use it. Its use by his agents or servants is no longer authorised. STATUTORY INSTRUMENTS 1957 No. 368 RIVER, ENGLAND SALMON AND FRESHWATER FISHERIES The Lancashire River Board (Fisheries) Order, 1957 Made - 17th January, 1957 Coming into Operation 5th March, 1957 The Minister of Agriculture, Fisheries and Food by virtue and in exercise of the powers vested in him under Sections 37 and 38 of the Salmon and Freshwater Fisheries Act, 1923(a), as applied by Section 4 of the River Boards Act, 1948(b), and of all other powers enabling him in that behalf hereby makes the following Order :— Citation and Commencement 1. This Order may be cited as the Lancashire River Board (Fisheries) Order, 1957, and shall, unless subject to special Parliamentary procedure, come into operation on the day on which it is con-firmed by the Minister of Agriculture, Fisheries and Food. Definition and Interpretation 2.—(1) In this Order, unless the context otherwise requires :— " The River Board" means the Lancashire River Board constituted under the Lancashire River Board Constitution Order, 1950(c). (2) The Interpretation Act, 1889(d), shall apply to the interpretation of this; Order as it applies to the interpretation of an Act of Parliament. Modification of Section 61 of the Salmon and Freshwater Fisheries Act, 1923, as respects Heave nets in the estuary of the River Lune 3. Those provisions of rule (i) in Section 61 of the Salmon and Freshwater Fisheries Act, 1923, which relate to or authorise the use of a licence for any installment for fishing for salmon or trout by an agent or servant of the person to whom the licence is granted shall cease to apply as respects any licence issiued by the River Board for using a Heave net in the estuary of the River Lune, and accordingly in its application to Heave nets licensed for use in the estuary of the River Lune rule (i) shall be read and have effect as though the words " or his agent or servant" in paragraph (i) thereof and all the paragraphs thereof succeeding paragraph (i) were omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this Seventeenth day of January nineteen hundred and fifty-seven. (L.S.) (Sgd.) C. F. Huntley, Assistant Secretary. Confirmed by the Minister of Agriculture, Fisheries and Food. (a) 13 & 14 Geo. 5. c. 16. (b) 11 & 12 Geo. 6. c. 32. (c) S.I. 1950/1843 (1950 II, p. 701). (d) 52 & 53 Vict. c. 63. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is 'hereunto affixed this fifth day of March, nineteen hundred and fifty-seven.
(L.S.) (Sgd.) C. F. Huntley, Assistant Secretary.
EXPLANATORY NOTE (This Note is not part of the Order, but is intended to indicate its general purport.) This Order modifies Section 61 of the Salmon and Freshwater Fisheries Act, 1923, so that in the River Lune estuary area of the Lancashire Riv?- Board, only the person to whom a licence for a Heave net has been granted may use it. 1959 No. 2336 RIVER, ENGLAND
SALMON AND FRESHWATER FISHERIES The Lancashire River Board (Fisheries) Order, 1959
Made - - 19th November, 1959 Coming into Operation 6th January, 1960
The Minister of Agriculture, Fisheries and Food by virtue and in exercise of the powers vested in him under Sections 37 and 38 of the Salmon and Freshwater Fisheries Act, 1923(a), as applied by Section 4 of the River Boards Act, 1948(b), and of all other powers enabling him in that behalf hereby makes the following Order:— Citation and Commencement 1. This Order may be cited as the Lancashire River Board (Fisheries) Order, 1959, and shall, unless subject to special Parliamentary procedure, come into operation on the day on which it is confirmed by the Minister of Agriculture, Fisheries and Food. Definition and Interpretation 2.—(1) In this Order " The River Board " means the Lancashire River Board constituted under the Lancashire River Board Constitution Order, 1950(c). (2) The Interpretation Act, 1889(d), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. Modification of Section 61 of the Salmon and Freshwater Fisheries Act, 1923, as respects lave nets in the estuaries of the Rivers Kent and Leven 3. Those provisions of rule (i) in Section 61 of the Salmon and Freshwater Fisheries Act, 1923, which relate to or authorise the use of a licence for any instrument for fishing for salmon or trout by an agent or servant of the person to whom the licence is granted shall cease to apply as respects any licence issued by the River Board for using a lave net in the estuaries of the Rivers Kent and Leven, and accordingly in its application to lave nets licensed for use in the estuaries of the Rivers Kent and Leven rule (0 shall be read and have effect as though the words " or his agent or servant" in paragraph (i) thereof and all the paragraphs thereof succeeding paragraph (i) were omitted. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this nineteenth day of November, nineteen hundred and fifty-nine.
(L.S.) (Sgd.) C. F. Huntley, Assistant Secretary. (a) 13 & 14 Geo. 5. c. 16. (b) 11 & 12 Geo. 6. c. 32. (c) S.I. 1950/1843 (1950 II, p. 701). (d) 52 & 53 Vict. c. 63. Confirmed by the Minister of Agriculture, Fisheries and Food." In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries an.d Food is hereunto affixed this sixth day of January, nineteen hundred and sixty. (L.s.) (Sgd.) C. F. Huntley, Assistant Secretary.
EXPLANATORY NOTE (This Note is not part of the Order but is intended to indicate its general purport.) This Order modifies Section 61 of the Salmon and Freshwater Fisheries Act, 1923, so that in the estuaries of the Rivers Kent and Leven within the Lancashire River Board Area a licence for a lave net may be used only by the person to whom it has been granted. Such a licence may no longer be used by an agent or servant of the licence holder. 1961 No. 1700
RIVER, ENGLAND
SALMON AND FRESHWATER FISHERIES The Cumberland River Board (Fixed Engines) Order, 1961
Made .... 26th June. 1961 Coming into Operation 31st August, 1961
The Minister of Agriculture, Fisheries and Food by virtue and in exercise of the powers vested in him by Sections 37 and 38 of' the Salmon and Freshwater Fisheries Act, 1923(a), as applied by Section 4 of the River Boards Act, 1948(b), and of all other powers enabling him in this behalf hereby makes the following Order: — Citation and commencement 1. This Order, which may be cited as the Cumberland River Board (Fixed Engines) Order, 1961, shall, unless subject to special parliamentary pro cedure, come into operation on the date of Its confirmation by the Minister. Definitions and Interpretation 2.—(1) In this Order unless the context otherwise requires:— The " Minister" means the Minister of Agriculture, Fisheries and Food. The " River Board " means the Cumberland River Board as established by the Cumberland River Board Constitution Order, 1951(c). The " River Board Area " means the Cumberland River Board area as defined by the Cumberland River Board Area Order, 1950(d). (2) The Interpretation Act, 1889(e), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. Power to work Fixed Engines 3.—(1) Notwithstanding the provisions of Section 11, or any other pro visions, of the Salmon and Freshwater Fisheries Act, 1923, which limit or prohibit the working of a fixed engine, or any provision amending or extending such provisions, the River Board may, subject to the approval of the Minister, erect and work at any time of the year within the River Board Area by itself or its lessees fixed engines for catching salmon or migratory trout for the purpose of artificial propagation or for scientific purposes. (2) No fixed engine shall be worked under the authority of this Article for any period exceeding five years unless the authority is from time to time extended by licence of the Minister for such term as may be specified in the licence, and not exceeding at any one time five years. (a) 13 & 14 Geo. S. c. 16. (b) 11 & 12 Geo. 6. c. 32. (c) S.I. 1951/30 (1951 If, p. 477). (d) S.l. 1950/1F81. (e) 52 & 53 Vict. c. 63. (3) All rents and profits of any fixed engine authorised by this Article to be worked by the River Board shall be appropriated for the purpose of the maintenance, improvement or development of the fisheries in the River Board Area. Modification of Section 36 (1) (a) of the Salmon and Freshwater Fisheries Act, 1923 4. Nothing in Paragraph (a) of Subsection (1) of Section 36 of the Salmon and Freshwater Fisheries Act, 1923, shall be taken as preventing the River Board from placing in any inland water in the River Board Area any device whatsoever to catch or obstruct non-migratory trout descending the river where the act is done for the purpose of artificial propagation or for scientific purposes. Revocation 5. Article 16 of the Derwent Fisheries Provisional Order, 1911 as confirmed by the Derwent Fisheries Provisional Order Confirmation Act, 1911(a) is hereby revoked. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this twenty-sixth day of June, nineteen hundred and sixty-one. (L.s.) (Sgd.) E. H. Bott, . Assistant Secretary. Confirmed by the Minister of Agriculture, Fisheries and Food.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this thirty-first day of August, nineteen hundred and sixty-one. (L.s.) (Sgd.) E. H. Bott, Assistant Secretary.
EXPLANATORY NOTE {This Note is not part of the Order but is intended to indicate its general purport.) This Order enables the Cumberland River Board, with the approval of the Minister of Agriculture, Fisheries and Food, to erect and work fixed engines (which would otherwise be illegal instruments) for catching salmon and migratory trout for artificial propagation and scientific purposes. (a) 1 & 2 Geo. 5. c. cxxxviii. 1966 No. 944 RIVER, ENGLAND AND WALES RIVER, SCOTLAND SALMON AND FRESHWATER FISHERIES The Diseases of Fish Order 1966 Laid before Parliament in draft Made - - - - 28th July 1966 Coming into Operation 28th July 1966
At the Court at Buckingham Palace, the 28th day of July 1966 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order has, in accordance with section 13 of the Diseases of Fish Act 1937(a) (as applied by section 6(2) of the Statutory Instruments Act 1946(b)), been laid before Parliament: Now, therefore, Her Majesty, in pursuance of the said section 13 is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — Citation and interpretation 1.—(1) This Order may be cited as the Diseases of Fish Order 1966. (2) The Interpretation Act 1889(c) applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. Extension of Act to columnaris 2. The provisions of the Diseases of Fish Act 1937 shall apply with respect to the disease known as columnaris (being a disease affecting fish of the salmon family and freshwater fish) as those provisions apply with respect to furunculosis and accordingly the following definitions shall have . effect in substitution for the definitions of the expressions " infected " and " infected waters " contained in section 10(1) of that Act, that is to say— "' infected' means, in relation to fish, infected with either of the diseases known as furunculosis and columnaris respectively ; ' infected waters' means waters in which either of the diseases known as furunculosis and columnaris respectively exists among fish, or in which the causative organisms of either of those diseases are present; ". W. G. Agnew. EXPLANATORY NOTE {This Note is not part of the Order.) This Order in Council extends the provisions of the Diseases of Fish Act 1937 to a disease "known as columnaris which affects fish of the salmon family and freshwater fish.
Printed in England and published by HER MAJESTY'S STATIONERY OFFICE: 1966 FIVEPENCE NET (21/34313) (K.4) K10 8/66 St.S. STATUTORY INSTRUMENTS 1966 No. 1545 SEA FISHERIES The Salmon and Migratory Trout (Drift-net Fishing) Restrictions on Landing (Extension) Order 1966 Made - - - - 7th December 1966 Laid before Parliament 15th December 1966 Coming into Operation 15th February 1967 The Minister of Agriculture, Fisheries and Food, and the Secretaries of State for .Scotland and the Home Department (being the Secretaries of State con cerned with the sea-fishing industry in Scotland and Northern Ireland respec tively) in exercise of the powers conferred On them by section .2 as read with section 8(1) of the Sea-Fishing Industry Act 1933(a) as amended by section 39(2) of the Sea Fish Industry Act 1938(b) and as read with and amended by section 12 of the Sea Fish Industry Act 1962(c) and of all other powers enabling them in that behalf, after consultation with the Board of Trade hereby make the following order: — Citation and Commencement 1. This order may be cited as the Salmon and Migratory Trout (Drift-net Fishing) Restrictions on Landing (Extension) Order 1966 and shall come into operation on 15th February 1967. Interpretation 2.—(1) In this order— " the principal order" means the Salmon and Migratory Trout (Drift- net Fishing) Restrictions on Landing Order 1962(d) as amended(e). (2) The Interpretation Act 1889(f) shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament. Extension of Period 3. Article 3 of the principal order shall be read and construed as if for the date 15th February 1967 there were substituted the date 15th February 1969. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereto affixed on 1st December 1966. (L.S.) Frederick Peart, Minister of Agriculture, Fisheries and Food. Given under the Seal of the Secretary of State for Scotland on 5th December 1966. (L.S.) William Ross, Secretary of State for Scotland. Given under the hand of the Secretary of State for the Home Depart ment on 7th December 1966. Roy Jenkins, Secretary of State for the Home Department. (a) 1933 c. 45. (b) 1938 c. 30. (c) 1962 c. 31. (d) S.I. 1962/1394 (1962 II, p. 1522). (e) S.I. 1964/1962, 1965/2024 (1964 III, p. 4288; 1965 in, p. 5991). (f) 1889 c. 63. EXPLANATORY NOTE (This Note is not part of the order.) The operation of the Salmon and Migratory Trout (Drift-net Fishing) Restrictions on Landing Order 1962 (which prohibits the landing anywhere in Great Britain of salmon or migratory trout caught by drift-net in specified waters around Great Britain except that such landings may be legally effected if the catching of the fish off the coasts of England and Wales has been authorised by a River Authority licence or in waters outside territorial waters adjacent to England and Wales by a licence issued by the Minister of Agriculture, Fisheries and Food) is extended for two years from 15th February 1967. STATUTORY, INSTRUMENTS
1972: No. 1966 SEA FISHERIES LANDING AND;SALE OF SEA FISH The Salmon and Migratory Trout (Restrictions on Landing) Order 1972
Made - - - 14th December 1972 Laid before Parliament 20th December 1972 Coming into Operation 15th February 1973
The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland in exercise of the powers conferred on them by section 6 of the Sea Fish (Conservation) Act 1967(a) and of all other powers enabling them in that behalf, after consultation with the Secretary of State for Trade and Industry(b), hereby make the following order: —
Citation and Commencement 1. This order may be cited as the Salmon and Migratory Trout (Restrictions on Landing) Order 1972 and shall come into operation on 15th February 1973.
Interpretation 2.—(1) In this order—"drift-net" means any length of net allowed to float or drift being either attached to or released from a fishing boat and not being a length of net attached to or held on the shore; "landing" in relation to salmon and migratory trout means the first land ing thereof after catching and "land" shall be construed accordingly; "mouth of the River Tweed" means the area as defined by the Tweed Fisheries Amendment Act 1859(c) as amended by byelaw dated 10th Aug ust 1863 contained in Schedule A to the Salmon Fisheries (Scotland) Act 1868(d); "the Northern part of British fishery limits" means the areas of sea des cribed in Schedule 3 to this order; "North-East Atlantic waters" means the waters described in Schedule 2 to this order being part of the waters to which the North-East Atlantic Fisheries Convention(e) applies; "North-West Atlantic waters" means the waters described in Schedule 1 to this order, being the waters to which the International Convention for the North west Atlantic Fishery(f) applies; (a) 1967 c. 84. (b) For transfer of functions from the Board of Trade to the Secretary of State for Trade and Industry, See the Secretary of State for Trade and Industry Order 1970 (S.I. "specified method" means a method of fishing with drift-net, trawl net, seine net, troll or long-line, but does not include beach seining or fishing from the shore by net and coble.
(2) The Interpretation Act 1889(a) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament
Prohibition of Landings 3. There is hereby prohibited the landing in Great Britain during the period from 15th February 1973 to 14th February 1983, both days inclusive, of : — (a) salmon caught in North-West Atlantic waters; (b) salmon and migratory trout caught in North-East Atlantic waters; (c) salmon and migratory trout caught by a specified method in the Nor thern part of British fishery limits; (d) salmon and migratory trout caught in the waters described in Schedule 4 to this order subject to the provisions of Article 4 of this order.
Exemption from prohibition on Landings 4. Notwithstanding the prohibition contained in Article 3 of this order, it shall be lawful to land in Great Britain salmon and migratory trout caught in: (i) waters within so much of the exclusive fishery limits adjacent to England and Wales as are included in the waters described in Part I of Schedule 4 to this order; and (ii) waters described in Part II of Schedule 4 to this order, provided that the catching was affected in the course of fishing under the authority of, and in accordance with the conditions of, a licence granted in respect of fishing for salmon and migratory trout in such waters by the River Authority having jurisdiction therein.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th December 1972.
(L.S.) Joseph Godber, Minister of Agriculture, Fisheries and Food.
Gordon Campbell, Secretary of State for Scotland. 13th December 1972.
W. S. I. Whitelaw, Secretary of State for Northern Ireland. 14th December 1972. (a) 1889 c. 63. 2 SCHEDULE 1 NORTH-WEST ATLANTIC WATERS All waters, except territorial waters, bounded by a line beginning at a point on the coast of Rhode Island in 71° 40' west longitude; thence due south to 39° 00' north latitude; thence due east to 42° 00' west longitude; thence due north to 59° 00' north latitude; thence due west to 44° 00' west longitude; thence due north to the coast of Greenland; thence along the west coast of Greenland to 78° 10' north latitude; thence southward to a point in 75° 00' north latitude and 73 ° 30' west longitude; thence along a plumb line to a point in 69° 00'north latitude and 59° 00'west longitude; thence due south to 61 ° 00' north latitude; thence due west to 64° 30' west longitude; thence due south to the coast of Labrador; thence in a southerly direction along the coast of Labrador to the southern terminus of its boundary with Quebec; thence in a westerly direction along the coast of Quebec, and in an easterly and southerly direction along the coasts of New Brunswick, Nova Scotia, and Cape Breton Island to Cabot Strait; thence along the coast of Cape Bretan Island, Nova Scotia, New Brunswick, Maine, New Hampshire, Massachusetts, and Rhode Island to the point of beginning.
SCHEDULE 2
NORTH-EAST ATLANTIC WATERS Those areas of the Atlantic and Arctic Oceans and seas adjacent to those oceans which lie outside the fishery limits of the British Islands north of 36° north latitude, between 42° west longitude and 51° east longitude and north of 59° north latitude between 44° west longitude and 42° west longitude but excluding the Mediterranean and Baltic Seas and Belts lying to the south and east of lines drawn from Hasenore Head, Denmark, to Gniben Point, Denmark, from Korshage, Denmark, to Spodsbierg, Denmark and from Gilbierg Head, Denmark, to Kullen, Sweden.
SCHEDULE 3
NORTHERN PART OF BRITISH FISHERY LIMITS 1. The area of sea within the fishery limits of the British Islands lying west of the meridian of longitude 3° west and north of the parallel of latitude 54° 30' north, ex cluding— (a) the waters within so much of the exclusive fishery limits as are adjacent to England but not nearer to any point on the coast of Scotland than to any point on the coast of England; (b) the waters within that area, being waters within so much of those fishery limits as are mentioned in section 4(2) of the Fishery Limits Act 1964(a).
2. The area of sea within those fishery limits lying east of the meridian of longitude 3 ° west and north of the southern boundary of the mouth of the River Tweed and of a line drawn due east from the eastmost point of that boundary.
SCHEDULE 4
PART I The area of sea contained within a line drawn from the coast of England along the southern boundary of the mouth of the River Tweed to the eastmost point of that boundary; thence due east to the intersection with the boundary of the fishery limits of the British Islands; thence along that boundary in a clockwise direction around the coast of England and Wales to the intersection with the parallel of latitude 54° 30' north in the Trish Sea; thence eastwards along that parallel until it meets the coast of England. PART II The area of sea within the fishery limits of the British Islands lying west of the meridian of longitude 3 ° west and north of the parallel of latitude 54° 30' north and within so much of the exclusive fishery limits.as are adjacent to England but not nearer to any point on the coast of Scotland than to any point on the coast of England.
EXPLANATORY NOTE (This Note is not part of the Order.) This Order made under the powers contained in section 6 of the Sea Fish (Conservation) Act 1967 prohibits the landing in Great Britain of salmon and migratory trout caught in certain waters specified in the order.
Printed in England by McCorquodale Printers Ltd., and published by Her Majesty's Stationery Office 27/P46788/8.V.19.K12 J2/72 5p net SBN 11 021966 X
1985 No. 783 RIVER, ENGLAND AND WALES SALMON AND FRESHWATER FISHERIES The North West Water Authority (Use of Fyke Nets to take Pike) Order 1985
Made- - - - 4th February 1985 Coming into Operation 9th April 1985
Whereas the Minister of Agriculture, Fisheries and Food, in accordance with paragraph 7 of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975 (a), caused notice of his intention to make the following order and of the place where copies of the draft of the order could be inspected and obtained, and of the time within and manner in which objections to the draft order might be made, to be published in the London Gazette and in the West Cumberland Times and Star, the Keswick Reminder and the Whitehaven News, being such manner as he thought best adapted for informing persons affected; And whereas the said Minister has received no objections to the draft order; Now, therefore, the said Minister in exercise of the powers conferred upon him by section 28(3) and (6) of, and paragraph 1(c) of Schedule 3 to, the said Act and of all other powers enabling him in that behalf, on the application of the North West Water Authority in accordance with paragraph 5(a) of the % V said Schedule 3, hereby makes the following order:— Title and commencement 1. This order may be cited as the North West Water Authority (Use of Fyke Nets to take Pike) Order 1985 and shall, unless subject to special parliamentary procedure, come into operation on the date of its confirmation by the Minister of Agriculture, Fisheries and Food. Interpretation 2. In this order— "the Act" means the Salmon and Freshwater Fisheries Act 1975; "the Authority" means the North West Water Authority; *" "the relevant area" means Loweswater, Crummock Water, Buttermere and Derwent Water. Power to place a fyke net 3.—(1) Section 6(1) of the Act shall not apply to placing of a fyke net in the relevant area for the purpose of taking pike for artificial propagation with the i consent of the Authority and in accordance with any conditions subject to which such consent is granted.
L£ ,02, (a) 1975 c.51. ' ~ " (2) No such consent shall be given except with the approval of the Minister of Agriculture, Fisheries and Food and no such approval shall have effect for a period exceeding three years from the date on which it is given. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th February 1985.
J. C. Edwards, Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food. Confirmed by the Minister of Agriculture, Fisheries and Food.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th April 1985.
J. C. Edwards, Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food.
EXPLANATORY NOTE (This Note is not part of the Order.) This order enables the North West Water Authority, with the approval of the Minister of Agriculture, Fisheries and Food, to consent to the placing of fyke nets in Loweswater, Crummock Water, Buttermere and Derwent Water for taking pike for artificial propagation.
Printed for Her Majesty's Stationery Office by Albert Gait Ltd. Dd. 0717970 820/G 3420/6182 WO J3 C9 5/85 40p net ISBN 0 11 056783 8 STATUTORY INSTRUMENTS 1986 No. 1992 PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND PUBLIC HEALTH, NORTHERN IRELAND The Control of Pollution (Anglers' Lead Weights) Regulations 1986
Made 21st November 1986 Laid before Parliament 1st December 1986 Coming into Operation 1st January 1987
The Secretary of State-for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, the Secretary of State for Scotland, as respects Scotland, and the Secretary of State for Northern Ireland, as respects Northern Ireland— (1) having consulted persons appearing to them to represent persons whose activities are likely to be prohibited or restricted by these regulations; (2) having published in the London Gazette, in the Belfast Gazette and in the Edinburgh Gazette, and in such other publications which they considered appropriate, a notice indicating the effect of these regulations, if made, and specifying— (a) the date on which it is proposed they should come into force; (b) places where a draft of them might be inspected by members of the public in office hours; and (c) a period of 14 days beginning with the date on which the notice was first published during which written representations might be made to the Secretaries of State; (3) having considered the representations made to them in accordance with the notice; and
(4) considering it appropriate to make these regulations to prevent the substance to which they apply causing damage to animals, in exercise of the powers conferred on them by sections 100 and 104(1) of the Control of Pollution Act 1974(a) and of all other powers enabling them in that behalf, hereby make the following regulations in the form of the draft mentioned in (2)(b) above:—
(a) 1974 c. 40. [DET 5625] Citation and commencement 1. These regulations may be cited as the Control of Pollution (Anglers' Lead Weights) Regulations 1986 and shall come into operation on 1st January 1987.
Interpretation 2. In these regulations— "lead" includes any alloy or compound of lead; "lead weight'-' means split shot or any other thing suitable for weighting fishing lines and.which is neither incorporated and fully enclosed in the core of a fishing line nor incorporated in the construction of a swim-feeder, a self-cocking float or a fishing fly; and "supply" does not include supply for or by way of export.
Prohibition of importation of lead in form of lead weights 3. Subject to regulation 5, the importation of lead in the form of a lead weight is prohibited.
Prohibition of supply of lead inform of lead weights 4.—(1) Subject to regulation 5, the supply of lead in the form of a lead weight for the purpose of weighting fishing lines is prohibited.
(2) A person supplying split shot shall unless the contrary is shown be presumed to supply it for the purpose of weighting fishing lines.
Exceptions 5. Regulations 3 and 4 do not prohibit the importation or supply of a leadweight of 0.06 grams or less, or of more than 28.35 grams.
Offences 6. A person who contravenes regulation 4 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2,000, and on conviction on indictment to a fine.
Nicholas Ridley, Secretary of State for the Environment. 14th November 1986.
Nicholas Edwards, Secretary of State for Wales. 17th November 1986.
Malcolm Rifkind, Secretary of State for Scotland. 17th November 1986.
Tom King, Secretary of State for Northern Ireland. 21st November 1986. 2 EXPLANATORY NOTE (This note is not part of the regulations.) These regulations apply to lead weights, which are defined by regulation 2 to mean split shot or any-other thing suitable for weighting fishing lines unless incorporated in the core of a line, or in the construction of swim-feeders, self-cocking floats or fishing flies.
Regulation 3 prohibits the importation of lead (including lead in compound or alloy) in the form of lead weights. Regulation 4 prohibits the supply of lead in the form of lead weights for the purpose of weighting fishing lines, and creates a presumption that a person supplying split shot does so for the purpose of weighting fishinglines , unless the contrary is shown. These prohibi tions do not apply to lead weights of 0.06 grams or less or of more than 28.35 grams.
Regulation 6 prescribes criminal penalties for contravention of regulation 4. The maximum penalty on summary conviction is a fine of £2,000 and on conviction on indictment an unlimited fine. Importation with intent to evade the prohibition contained in regulation 3 will be an offence under section 50 of the Customs and Excise Management Act 1979 (1979 c. 2).
Made .... 2nd March 1988 Laid before Parliament 14th March 1988 Coming into force - 6th May 1988
The Secretary of State, having consulted such persons as he considers appropriate, in exercise of the powers conferred on him by section 3(3) of the Salmon Act 1986(a) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Salmon (Weekly Close Time) (Scotland) Regula tions 1988 and shall come into force on 6th May 1988.
2. Section 13 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951(b) (extent of the weekly close time and the period within which rod and line fishing is permitted) shall be amended by substituting for sub-sections (2) and (3) thereof the following sub sections :- '' (2) No person shall fish for or take salmon (except during Friday, Saturday or Monday by rod and line) during the weekly close time. (3) The weekly close time shall extend from the hour of six in the evening on Friday .. to the hour of six on the following Monday morning.".
" Sanderson of Bow den New St. Andrew's House. Edinburgh Minister of State, 2nd March 1988 Scottish Office
(a) 1986 c.62. (b) 1951 c.26. RIVteR\lENbLiN#ANi)%M^ 'J [/ SALMON AND FRESHWATER FISHERIES The Salmon and Freshwater Fisheries (Expenses) Regulations 1988 Made - 6th April 1988 Coming into force - 27th April 1988 The Minister' of Agriculture, Fisheries and Food and the Secretary of State for Wales, in exercise of the powers conferred by section 28(3), (5) and (6) of, and paragraph 12 of Schedule 3 to, the Salmon and Freshwater Fisheries Act 1975(a), and now vested in them(b) and of all other powers enabling them in that behalf, hereby make the following Regulations:— Title, commencement and interpretation 1.—(1) These Regulations may be cited as the Salmon and Freshwater Fisheries (Expenses) Regulations 1988 and shall come into force on 27th April 1988, (2) In these Regulations— " the Act" means the Salmon and Freshwater Fisheries Act 1975; " the Minister " means, in relation to those areas in which the water authorities other than the Welsh Water Authority exercise their functions, the Minister of Agriculture, Fisheries and Food, and in relation to the area in which the Welsh Water Authority exercise their functions, the Secretary of State for Wales. Payment of expenses of inquiries etc 2. The expenses of and incidental to any public local inquiry held under Part I of Schedule 3 to the Act, and to any other matter of procedure respecting the making of any order under that Part of that Schedule, shall be paid by the applicant for the order or by any other party to the proceedings in such manner and in such proportion as the Minister may direct. Revocation 3. The Salmon and Freshwater Fisheries Regulations 1924(c) are hereby revoked. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th March 1988.
J. C. Edwards Assistant Secretary
Signed by authority of the Secretary of State for Wales
H. R. Bollington Assistant Secretary, Welsh Office (a) 1975c.51. (b) In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272. (c) S.R.&O. 1924/576. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply to England and Wales, provide for directions to be given by the Minister of Agriculture, Fisheries "and Food or the Secretary of State for Wales, as appropriate, as to the payment of expenses of and incidental to public local inquifies;fteld to consider applications for orders under section 28 of and Schedule 3 to the Salmon and Freshwater Fisheries Act 1975, and any other matters of procedure involved in making such orders.
The Regulations supersede the Salmon and Freshwater Fisheries Regulations 1924, which applied only to expenses incurred in public local inquiries, and not in related procedures.
45p net ISBN 0 11 086677 0
Printed in the United Kingdom by Her Majesty's Stationery Office 845/W0649 C8 4/88 3177926 The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred on them by that section and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been approved by resolution of each House of Parliament:
Title and commencement 1. These Regulations may be cited as the Fisheries Act 1981 (Amendment) Regulations 1989, and shall come into force on the day after the day on which these Regulations are made.
Amendment of the Fisheries Act 1981 2.—(1) The Fisheries Act 1981(c) shall be amended in accordance with the following provisions of this Regulation. (2) In section 2 (duties of the Sea Fish Industry Authority) at the beginning of subsection (1) there shall be inserted the words "Subject to subsection (2A) below" and after subsection (2) there shall be inserted the following subsection- "(2A) If any levy imposed under section 4 below has effect in relation to sea fish or sea fish products from the sea fish industries of member States other than the United Kingdom, the Authority shall so exercise its powers under this Part of this Act as to secure that benefits are conferred on those industries commensurate with any burden directly or indirectly borne by them in consequence of the levy"; and, in subsection (3) for the words "subsection (1) above" there shall be substituted the words "subsections (1) and (2A) above". (3) In section 3(5) (which provides that the Authority shall not provide services for persons concerned with sea fish industries of other countries unless the full cost is recovered by fees) for the words from "unless" to "and" there shall be substituted the words "unless- (a) in the case of a country which is not a member State, the full cost of the services is recovered by fees; and (b) ". (4) In section 14(2) (definition of "sea fish industry") for the words "section 3(5)" there shall be substituted the words "sections 2(2A) and 3(5)". (a) S.I. 1972/1811. (b) 1972 c.68, to which there are amendments not relevant to these Regulations. (c) 1981 c.29. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is herunto affixed on 10th July 1989.
John McGregor Minister of Agriculture, Fisheries and Food
Sanderson of Bowden 11th July 1989 ' Minister of State, Scottish Office
EXPLANATORY NOTE (This note is not part of the Regulations)
These Regulations amend Part I of the Fisheries Act 1981 (l'the Act"), which makes provision for the establishment of the Sea Fish Industry Authority. The Regulations are made in implementation of the Community obligation (which arises under article 95 of the Treaty establishing the European Economic Community) not to impose on the products of other member States internal taxation in excess of that imposed on similar domestic products. Section 2 of the Act (duties of the Authority) is amended so as to require that if any levy imposed under section 4 has effect in relation to sea fish or sea fish products from the sea fish industries of member States other than the United Kingdom, the Authority shall so exercise its powers under Part I of the Act as to secure that benefits are conferred on those industries of those States commensurate with any burden directly or indirectly borne by them in consequence of the levy. Amendments consequential to this amendment are made to subsection (3) of section 2 (Ministers' power to give directions) and to section 14 (definition of sea fish industry) (article 2(2)). Section 3 is amended so that the Authority is not required to recover the cost of services provided for persons concerned with the sea fish industry of another member State (article 2(3)).
50p net ISBN 0 11 097190 6
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845/WO 1174 Cll 7/89 452/1 9385/7070/5855 46341 The Minister of Agriculture, Fisheries and Food, on the application of the local fisheries committees for the Cornwall, Cumbria, Devon, Eastern, Kent and Essex, North- Eastern, Northumberland and Southern Sea Fisheries Districts, the Secretary of State, on the application of the local fisheries committee for the South Wales Sea Fisheries District and the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, on the application of the local fisheries committee for the North Western and North Wales Sea Fisheries District and after consultation with every council concerned, in exercise of the powers conferred by section 1 of the Sea Fisheries Regulation Act 1966 (a) upon the said Minister and now, in relation to the South Wales Sea Fisheries District, vested in the Secretary of State (b) and in relation to the North Western and North Wales Sea Fisheries District vested in the said Minister and the Secretary of State acting jointly (c), and of all other powers enabling them in that behalf, hereby make the following order, a draft of which has iain before Parliament for forty days prior to its being made:
Title and commencement 1. This Order may be cited as the Sea Fisheries Districts (Variation) Order 1993 and shall come into force on 20th October 1993.
Cornwall Sea Fisheries District 2. The Order made by the Board of-Trade on 28th March 1890(d) (which created the Cornwall Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District), for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(c) as amended by the Territorial Waters (Amendment) Order in Council 1979(f)."
(a) 1966 c.38, amended by the Local Government Act 1985 (c.51), section 16 and Schedule 8. paragraph 19; sec section 20(1) for the definition of "the Minister". :• (b) By the Transfer of Functions (Wales) Order 1969, Schedule 2, paragraph 6(d) (S.I. 1969/388) and the Transfer of Functions (Wales) (No. 1) Order 1978, Schedule 1 (S.I. 1978/272). (c) By the Transfer of Functions (Wales) Order 1969, Schedule 2, paragraph 6(d) (S.I. 1969/388). (d) Pari. Papers 1890 No. 114; the relevant amending instrument is S.I. 1980/805. (c) Sec 1965 III p.6452A. (f) Sec 1979 II p.2866. Cumbria Sea Fisheries District 3. The Order made by the Board of Trade on 21st February 1895 (a) (which created a sea fisheries district then called "the Cumberland Sea Fisheries District" and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District), for the words- "within three nautical miles from the baselines" in each place where they occur there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
Devon Sea Fisheries District 4. The Order made by the Board of Trade on 31st March 1892(d) (which created the Devon Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District), for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
Eastern Sea Fisheries District 5. The Order made by the Board of Trade on 7th November 1893(c) (which created the Eastern Sea Fisheries District and constituted a local fisheries committee for the regulation of sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District), for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
Kent and Essex Sea Fisheries District 6. The Order made by the Board of Trade on 5th May 1890 (f) (which created the Kent and Essex Sea Fisheries District and consituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District), for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)." (a) S.R. & O. 1895/587 and Pari. Papers 1895 No. 69; (he relevanl amending instrument is S.I. 1980/806. (b) See 1965 III p.6452A. (c) See 1979 II p.2866. (d) Pari. Papers 1892 No. 132; the relevant amending instrument is S.I. 1980/807. (c) S.R. & O. 1893/439 and Pari. Papers 1893/94 No. 83; (ho relevanl amending instrument is S.l. 1978/438. (f) Pari. Papers 1890 No. 159; the relevant amending instrument is S.I. 1980/810.
9 North-Eastcrn Sea Fisheries District 7. The North-Eastern Sea Fisheries District Order 1986(a) shall be varied as follows- (a) in article 2 (Sea fisheries district) for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 2, there shall be inserted the following paragraph- "(4) In this article "the baselines" means the baselines as they existed at 25th January 1983' in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
Northumberland Sea Fisheries District 8. The Order made by the Board of Trade on 20th March 1890(d) (which created the Northumberland Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District) for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "3. In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b)as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
North Western and North Wales Sea Fisheries District 9. The North Western and North Wales Sea Fisheries District Order 1986(c) shall be varied as follows- (a) in article 2(1) (Sea fisheries district) for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 2, there shall be inserted the following paragraph- "(5) In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
Southern Sea Fisheries District 10. The Southern Sea Fisheries District Order 1989(f) shall be varied as follows- (a) in article 2(1) (Sea Fisheries District) for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 2, there shall be inserted the following paragraph- "(6) In this article "the baselines" means the baselines as they existed at 25th January 1983. in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
(a) S.I. 1986/647 lo which there arc no relevant amendments. (I)) See 1965 III p.6452A. (c) Sec 1979 II p.2866. (d) Pari. Papers 1890 No. 105; the relevant amending instrument is S.I. 1980/812. (c) S.I. 1986/1201 lo which there are amendments not relevant lo this Order. (f) S.l. 1989/671 to which llicro is an amendment not relevant to this Order. South Wales Sea Fisheries District 11. The Order made by the Board of Agriculture and Fisheries oh 27th June 1912(a) (which created the South Wales Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows- (a) in article 1 (Creation of District), for the words- "within three nautical miles from the baselines" there shall be substituted- "within six nautical miles from the baselines"; (b) at the end of article 1, there shall be inserted the following paragraph- "In this article "the baselines" means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(b) as amended by the Territorial Waters (Amendment) Order in Council 1979(c)."
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1993.
Gillian Shephard Minister of Agriculture, Fisheries and Food
Gwilytn Jones Parliamentary Under Secretary of State, 19th October 1993 Welsh Office
(a) S.R. & O. 1926/1121 and Fari. Papers 1912 No. 68; the relevant amending instrument is S.I. 1980/823. (b) See 1965 III p.6452A. (c) See 1979 II p.2866.
EXPLANATORY NOTE (This note is not part of the Order)
This Order varies the provisions of the Sea Fisheries District Orders for the Cornwall, Cumbria, Devon, Eastern, Kent and Essex, North-Eastern, Northumberland, North Western and North Wales, Southern and South Wales Sea Fisheries Districts by providing that the district shall comprise so much of the sea as is within six miles of the baselines (formerly three miles). This Order also substitutes a new definition of "the baselines" to comply with the judgment of the European Court of Justice in Re Territorial Sea: EC Commission v United Kingdom (Case 146/89) [1991] 3 CMLR 649. Copies of the orders which created the Cornwall, Cumbria, Devon, Eastern, Kent and Essex, Northumberland and South Wales Sea Fisheries Districts are available from the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P3JR. CUMBRIA SEA FISHERIES COMMITTEE
1. THE CUMBRIA SEA FISHERIES DISTRICT (VARIATION) ORDER 1980
NOTICE IS HEREBY GIVEN that the above variation Order made by the Minister
of Agriculture Fisheries and Food came into operation on 1st July, 1980 and
varies the description of the limits of the Cumbria Sea Fisheries District.
The District now extends three nautical miles seaward from the Baseline
across the Solway Firth from ST. BEES HEAD in Cumbria to MEIKLE ROSS
Kirkcudbright in Scotland, and includes the waters on the landward side of the
baseline extending to the equi-distance line between England and Scotland, as
shown on a Chart No. F.G.B. 34440-1980 which can be inspected at the office of
the Secretary of the Cumbria Sea Fisheries Committee, The Courts, Carlisle
during office hours.
2. CUMBRIA SEA FISHERIES COMMITTEE BYELAW NO.3
SIZE LIMIT OF FISHING BOATS ALLOWED INSIDE THE DISTRICT •.
NOTICE IS HEREBY GIVEN that consequent upon the coming into operation of
the Cumbria Sea Fisheries District (Variation) Order 1980, referred to in 1 above, the following NEW BYELAW NO.3 regulating the maximum size limits of
fishing boats allowed inside the District came into force on 1st July, 1980.
NEW BYELAW NO.3
No person shall fish for sea fish
(i) in that part of the Cumbria Sea Fisheries District from low water
mark for a distance of three nautical miles to seaward from any
mechanically propelled vessel exceeding 45 feet registered length
except with hooks and lines. CUMBRIA SEA FISHERIES DISTRICT
BYELAWS
Notice is hereby given that the Cumbria Sea Fisheries Committee at their meeting on 28th January, 1977, decided to revoke their present Byelaw No. 3 and substitute the following Byelaw:-
"3. No person shall fish for sea fish
(i) in that part of the Cumbria Sea Fisheries District from low v;ater mark for a distance of three nautical miles to seaward, 'from any mechanically propelled vessel exceeding 45 feet registered length except with hooks and lines;
(ii) within the remainder of the Cumbria Sea Fisheries District from any mechanically propelled vessel exceeding 70 feet registered length except with hooks and lines."
NOTE: The Sea Fisheries Regulation Act 1966 ' substitutes "Natioual or Territorial" Waters of the United Kingdom for "Exclusive Right of Fishing" which is referred to in the Order of 21st February 1895 creating'the Cumberland Sea Fisheries District - now known as the Cumbria Sea Fisheries District. National or Territorial Waters extend to: (a) 3 nautical miles seaward from the low water mark, and (b) where baselines are in existence 3 nautical miles seaward from the baselines which are referred to in the Territorial Waters Orders in Council 1964. There is a baseline across the. Solway Firth extending from Meikle Ross in Scotland to St. Bees Head in England.
STAT U.T ORY INSTRUMENTS
1973 No. 1287 WATER, ENGLAND AND WALES The North West Water Authority Constitution Order 197J5 Made - - - 25th July 1973 Coming into Operation 26th July 1973 The Secretary of State for the Environment and the Minister of Agriculture, Fisheries and Food, acting jointly in exercise of the powers conferred on them by sections 2(4) and (6) and 3(1) and (6) of the Water Act 1973(a) and of all •other powers enabling them in that behalf, hereby order as follows: — Citation- and commencement 1. This order may be cited as the North West Water Authority Constitution Order 1973 and shall come into operation on 26th July 1973. Interpretation 2.—(1) In this order, unless the context otherwise requires— "the Act" means the Water Act 1973; "the 1945 Act" means the Water Act 1945(b); "the 1972 Act" means the Local Government Act 1972(c); "county", "district" (except in the expression "rural district"), "county council" and "district council" mean respectively a county, district, county council, and district council established by the 1972 Act; "existing statutory water undertakers" means statutory water undertakers within the meaning of the 1945 Act who are in existence at the date of the making of this order; "the Minister" means the Minister of Agriculture, Fisheries and Food; "rural district" means a rural district as it exists at the date of the making of this order; "the water authority" means the North West Water Authority; (2) An article or schedule referred to only by number in this order means the article or schedule so numbered in this order. (3) The Interpretation Act 1889(d) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. Establishment and general area of North West Water Authority 3.—(1) There shall be established a regional water authority, which shall come into existence on the date on which this order comes into operation, and which shall be known as the North West Water Authority, for the area assigned to the water authority by virtue of section 2(2) of, and Schedule 1 to, the Act, that is to say the area comprising the areas of the Cumberland, Lancashire, and Mersey and Weaver River Authorities, and in this article "the general water authority area" means the area so assigned. (a) 1973 c. 37. (b) 1945 c. 42. (2) For the purposes of this order, and without prejudice to paragraphs 2 to 5 of Schedule 2 to the Act, the seaward boundaries of the area of any river authority named in column (1) of Schedule 1 to this order shall be taken as being the seaward boundaries having effect by virtue of the instrument speci fied in relation to that authority in column (2) of the said Schedule 1. (3) Where the water authority perform any of their functions in any area which lies outside the general water authority area and within the area assigned to another water authority by virtue of section 2(2) of, and Schedule 1 to, the Act, they shall perform those functions in consultation with that authority. (4) The provisions of this order shall be without prejudice to the provisions of section 126 (which relates to certain border rivers) of the Water Resources Act 1963(a). Members of water authority 4.—(l)-The"waterauthority-shall-consist of twenty-seven members. (2) The number of members specified for the purposes of paragraph (b) of, section 3(1) of the Act as the number to be appointed by the Minister is three. (3) The number of members specified for the purposes of paragraph (c) of section 3(1) of the Act as the number to be appointed by the Secretary of State is nine. (4) (A) The number of members to be appointed by each of the councils of counties specified in column (1) of Schedule 2, or by the councils of each group of districts so specified, shall be the number specified in relation to that county or to that group in column (2) of that schedule. (b) Where in the said schedule the number to be appointed is specified in relation to a group of districts, the councils of the districts comprised in the group shall between them appoint that number. (c) The year specified for the purposes of paragraph 4 of Schedule 3 to the Act (which provides that the first members to whom that paragraph applies shall hold office until the end of May in such year as may be specified for the purposes of that paragraph) is the year 1975 in the case of a member appointed by the councils of a group of districts and the year 1977 in the case ota. memberjippointed by the council of a county. Water supply area 5. The area within which it shall be the duty of the water authority to supply water under Part II of the Act shall be the area comprising the limits of supply of the existing statutory water undertakers named in Schedule 3 and the parish of Ulpha in the rural district of Millom. Article 3 SCHEDULE 1 SEAWARD BOUNDARIES (1) (2) River Authority . Instrument Cumberland River Authority The Cumberland River Authority (Seaward Boundaries of Area) Order 1964(b) Lancashire River Authority The Lancashire River Authority (Seaward Boundaries of Area) Order 1964(c) Mersey and Weaver River The Mersey and Weaver River Authority (Seaward Authority Boundaries of Area) Order 1964(d) fa) 1963 c. 38. ~ (b) S.l. 1964/1501. (c) S.I. 1964/1512. (d) S.l. 1964/1492. R. Graham Page, Signed by authority of Minister for Local Govern- the Secretary of State. ment and Development 25th July 1973. Department of the Environment. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto hereto affixed on 20th July 1973.
(L.S.) Joseph Godber, Minister of Agriculture, Fisheries and Food.
EXPLANATORY NOTE (This Note is not part of the Order.) The Water Act 1973 requires the Secretary of State and the Minister of Agriculture, Fisheries and Food by order to establish regional water auth orities for the areas specified in the Act. This order accordingly establishes the North West Water Authority. The Authority will consist of twenty-seven members appointed as follows: — (a) a chairman appointed by the Secretary of State; (b) three members appointed by the Minister of Agriculture, Fisheries and Food; (c) nine members appointed by the Secretary of State; (d) seven members appointed by the county councils specified in article 4 of the order; and (e) seven members appointed by the councils of the groups of district councils specified in article 4 of the order. The first members to be appointed by district councils will hold office until the end of May 1975, and those appointed by county councils until May 1977; otherwise the terms of office of the chairman and members will be governed by paragraphs 3 and 4 of Schedule 3 to the Act. The North West Water Authority will come into existence on the day on which the order comes into operation. Except in so far as article 5 (relating to water supply) specifies a particular area for the exercise of particular functions of the authority, the Act requires the authority (subject to tire general provisions of the Act) to exercise their functions as respects the area specified as their area in Schedule 1 to the Act, namely the areas of the Cumberland, Lancashire, and Mersey arid Weaver River Authorities.
1973 No. 2093 RIVER, ENGLAND AND WALES RIVER, SCOTLAND
SALMON AND FRESHWATER FISHERIES The Diseases of Fish Order 1973 Laid before Parliament in draft Made - - - 12th December 1973 Coming into Operation 1st January 1974
At the Court at Buckingham Palace, the 12th day of December 1973 Present,. The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has, in accordance with section 13 of the Diseases of Fish Act 1937(a) (as applied by section 6(2) of the Statutory Instruments Act 1946(b)), been laid before Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred on Her by the said section 13, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
Citation and commencement 1. This Order may be cited as the Diseases of Fish Order 1973 and shall come into operation on 1st January 1974.
Interpretation 2.—(1) In this Order "the Act" means the Diseases of Fish Act 1937. (2) The Interpretation Act 1889(c) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
Extension of Act to other diseases affecting fish 3, The provisions of the Act shall apply with respect to the diseases named in the Schedule to this Order (being diseases affecting fish of the salmon family or freshwater fish) as those provisions apply with respect to furunculosis and columnaris.
Modifications of certain definitions in Act 4. For the definitions of the expressions "infected" and "infected waters" contained in section 10(1) of the Act (as substituted by the Diseases of Fish
(a) 1937 c. 33. (b) 1946 c. 36. (c) 1889 c. 63. Order 1966(a)) there shall be substituted the 'following definitions, that is to say— " 'infected' means, in relation to fish, infected with any of the diseases respectively known as furunculosis, columnaris, infectious pancreatic necrosis (IPN), viral haemorrhagic septicaemia (VHS or Egtved disease)* Myxosoma (Lentospora) cerebralis (whirling disease), infectious haemato poietic necrosis (IHN), ulcerative dermal necrosis (UDN) and infectious dropsy of cyprinids (IDC or IAD) in any of its forms including spring viraemia and erythrodermatitis; 'infected waters' means waters in which any of the diseases mentioned in the definition of the expression "infected" exists among fish, or in which the causative organisms of any of those diseases are present;"
W. G. Agnew
SCHEDULE Article 3 Diseases to which the Act is extended: — Infectious pancreatic necrosis (IPN); Viral haemorrhagic septicaemia (VHS or Egtved disease); Myxosoma (Lentospora) cerebralis (whirling disease); Infectious haematopoietic necrosis (IHN); Ulcerative dermal necrosis (UDN); and Infectious dropsy of cyprinids (IDC or IAD) in any of its forms including spring viraemia and erythrodermatitis.
EXPLANATORY NOTE (This Note is not part of the Order.) This Order extends the provisions of the Diseases of Fish Act 1937 to the diseases referred to in the Schedule to the Order and accordingly substitutes for the definitions in the Act of the expressions "infected" and "infected waters" the definitions provided in Article 4 of the Order. The diseases mentioned in the Schedule affect fish of the salmon family (i.e. salmon and trout) or freshwater fish. (a) S.I. 1966/944 (1966 II, p. 2284). 1974 No. 483 LOCAL GOVERNMENT, ENGLAND AND WALES The Local Authorities etc. (Staff Transfer and Protection) Order 1974
Made - 19th March 1974 Laid before Parliament 20th March 1974 Coming into Operation 2lst March 1974 The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred upon them by section 254(l)(a) and 255(1), (3) and (4) of the Local Government Act 1972(a) and by those provisions as extended by section 34(1) of the Water Act 1973(b) and of all other powers enabling them in that behalf, hereby make the following order:— Title and commencement 1. This order may be cited as the Local Authorities etc. (Staff Transfer and Protection) Order 1974 and shall come into operation on March 1974. Territorial extent of exercise of powers 2.—(1) This order is made by the Secretary of State for the Environment as regards the officers of existing authorities whose areas are wholly in England, the Severn River Authority, the Clywedog Reservoir Joint Authority, the Lanc ashire arid Western Sea Fisheries Committee, the British Waterworks Association, the Association of River Authorities, the Water Supply Industry Training Board, the Association of Municipal Corporations, the County Councils Association, the Rural District Councils Association, the Urban District Councils Association and the Local Government Information Office. (2) This order is made by the Secretary of State for Wales as regards the officers of existing authorities whose areas are wholly in Wales, the Dee and Clwyd and Wye river authorities, the Gwent Water Board and the Presteigne Joint Burial Committee. Interpretation 3.—(1)' The Interpretation Act 1889(c) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. (2) In this order— "the Act" means the Local Government Act 1972; "the Appeals Memorandum" means the Memorandum on Staff Appeals enclosed with Circular LGSC 15/73 (Local Government Staff Commission for England) LGSC(W) 12/73 (Local Government Staff Commission for Wales) dated 13th December 1973; (a) 1972 c. 70. (b) 1973 c. 37. (c) 1889 c. 63. [DOE 15936] "exercisable", in relation to functions, means exercisable otherwise than by virtue of section 101, 110 or 187(2) or (3) of the Act, section 15 of the Water Act 1973 or article 19 of the Local Authorities etc. (Miscellaneous Provision) Order 1974(a); "officer", in relation to any authority, includes the holder of any office or employment under that authority; "the Schemes Order" means the Local Government (Staff Transfer Schemes) Order 1973(b); "a Staff Appeals Tribunal" means a Staff Appeals Tribunal established by the Local Government Staff Commission for England or the Local Govern ment Staff Commission for Wales; "Wales" means the area consisting of the counties established by section 20 of the Act (new local government areas in Wales) and "England" does not include any area included in any of those counties; "water authority" means an authority established in accordance with section 2 of the Water Act 1973; "the Water Staffs Appeals Memorandum" means the Memorandum on Machinery for Staff Appeals enclosed with Circular WSSC 13/74 (Water Services Staff Commission for England and Wales) dated 31st January 1974; "the Water Schemes Order" means the Water Authorities (Staff Protection and Transfer Schemes) Order 1974 (c); and "a Water Staff Appeals Tribunal" means a Water Services Staff Appeals Tribunal established by the Water Services Staff Commission for England and Wales. (3) In this order, unless the context otherwise requires, references to any enactment or instrument shall be construed as references to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument. (4) Any reference in this order to a numbered article or schedule shall, unless the reference is to an article or schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order. . (5) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article. Other express provision 4. This order shall have effect subject to the express provision of any other order made (whether before or after this order) under sections 254 and 255 of the Act. Application of transfer provisions 5.—(1) Any provision in this order for the transfer of officers of any authority applies to any officer who on 31st March 1974 is in the employment of such authority, but in the case of a person not in the whole-time employment of the authority the transfer effected by such provision in its application to the authority is limited to the extent of his employment with the authority. (2) Subject to paragraph (3), no provision of this order for the transfer of. officers, in its application to any authority, applies to— (a) any person who will by virtue of any agreement entered into between -,;. him and any other authority enter into the employment of that other authority before or on 1st April 1974; (a) S.I. 1974/482. (b) S.I. 1973/1847 (1973 HI, p. 6377). (c) S.I. 1974/435.
2 (b) anyperson as regards any employment which, otherwise than by virtue of the abolition of authorities effected by the Act or the Water Act 1973, is to be terminated on 31st March 1974; (c) any person for whose transfer provision is made in any order made under section 18 of the National Health Service Reorganisation Act 1973(a); or (d) any officer employed wholly or mainly for police purposes including the purposes of section 24 or 81 of the Road Traffic Regulation Act 1967(b). (3) In paragraph (2), item (a) does not extend to any person who is under the Water Authorities (Retirement of Chief Officers) Regulations 1974(c) entitled to elect that section 260 of the Act shall, and that section 259 of the Act shall not, apply to him. (4) In the said paragraph, item (d) does not extend to a school crossing patrol employed by the council of an administrative county or county borough. Transfers: Officers {other than members of fire brigades) of councils of administra tive counties, county boroughs and county districts 6.—(1) Nothing in this article applies to— (a) any officer transferred by a scheme made under the Schemes Order; or (b) any member of any fire brigade. (2) Any officer of the council of an administrative county, county borough or county district wholly comprised in one new county, or to which this paragraph is applied by paragraph (11) or (12), employed in the discharge of functions which will after 31st March 1974 be exercisable in the area of the administrative county, county borough or county district only by the county council, and— (a) being so employed wholly or mainly in premises which are to be used, after 31st March 1974, for the purpose of the discharge of their functions by the county council; or (b) operating wholly or mainly from such premises; or (c) being otherwise so employed wholly or substantially so, shall be transferred on 1st April 1974 to the employment of the county council. (3) Any officer of the council of the administrative county of Anglesey, Cardiganshire, Montgomeryshire, Radnorshire or Rutland, or of any county borough or county district wholly comprised in one district, or to which this paragraph is applied by paragraph (12), employed in the discharge of functions which will after 31st March 1974 be exercisable in the area of the administrative county, county borough or county district only by the district council, and— (a) being so employed wholly or mainly in premises which are to be used, after 31st March 1974, for the purpose of the discharge of their functions by the district council; or (b) operating wholly or mainly from such premises; or (c) being otherwise so employed wholly or substantially so, shall be transferred on 1st April 1974 to the employment of the district council. (4) Any officer of the council of an administrative county other than Anglesey, Cardiganshire, Montgomeryshire, Radnorshire or Rutland employed in the discharge of functions which will after 31st March 1974 be exercisable in any district only by the district council, and employed as described in (a) or (b) of paragraph (3) in premises in the district, or operating in the discharge of such functions wholly or substantially so in relation to the area of the district, shall be transferred on 1st April 1974 to the employment of the district council. Any other officer of such council employed in the discharge of functions which will after 31st March 1974.be exercisable in the area of the administrative county only by district councils shall be transferred on 1st April 1974 to, the i (a) 1973 c. 32. (b) 1967 c. 76. (c) S.I. 1974/73 (19741, p. 230). 3 employment of such district council as may be determined by the first-mentioned council after consultation with the district councils concerned. (5) Any officer of the council of any county borough comprised in a metro politan county, employed in relation to any road passenger transport undertaking and— (a) being so employed wholly or mainly in premises which are to be used, after 31st March 1974, for the purposes of such undertaking; or (b) operating wholly or mainly from such premises; or (c) being otherwise so employed wholly or substantially so, shall be transferred on 1st April 1974 to the employment of the Passenger Transport Executive for the county. (6) (a) Where after 31st March 1974 a local authority will, under section 15 of the Water Act 1973, be discharging sewerage functions as defined in such section on behalf of a water authority, any officer of the council of any county borough or county district employed in the discharge of such functions, and— (i) being so employed wholly or mainly in premises which are to be used, after 31st March 1974, by such local authority; or (ii) operating wholly or mainly from such premises; or (iii) being otherwise so employed wholly or substantially so, shall be transferred on 1st April 1974 to the employment of such local authority. (b) Any other officer of the council of any county borough or county district, or any officer of the council of an administrative county, employed in the dis charge of functions which will after 31st March 1974 be exercised by a water authority, and— (i) being so employed wholly or mainly in premises which are to be used, after 31st March 1974, by a water authority; or (ii) operating wholly or mainly from such premises; or (iii) being otherwise so employed wholly or substantially so, shall be transferred on 1st April 1974 to the employment of the water authority referred to in (i) or (ii) or to the employment of the water authority in whose area he is wholly or mainly employed as described in (iii). (7) Any officer of the council of a county or county borough employed in the discharge of functions of the Secretary of State for the Environment under the Vehicles (Excise) Act 1971(a) and Part III of the Road Traffic Act 1972(b) exercised on his behalf under section 2 of the Vehicle and Driving Licences Act 1969(c) by such council shall be transferred on 1st April 1974 to the employment of the council specified in respect of the first-mentioned council in the following table— TABLE (1) (2) The county council of Brecon The District Council of Brecknock The county council of The District Council of Montgomery Montgomeryshire The county council of Radnorshire The District Council of Radnor The county council of Rutland The District Council of Rutland The council of the county borough The County Council of Suffolk of Ipswich The council of any other county or The council specified in respect of such county borough council in column (2) of Part I or II of Schedule 4 to the Local Authorities (England) (Property etc.) Order 1973(a) or the Local Authorities (Wales) (Property etc.) Order 1973(b).
(8) Any officer employed wholly or mainly in the airport department of the council of the city of Manchester shall be transferred on 1st April 1974 to the employment of the County Council of Greater Manchester. (9) Any officer of the council of an administrative county wholly comprised in one new county, or to which this paragraph is applied by paragraph (11), who is not transferred by paragraph (2), (3), (4), (6) or (7) shall be transferred to the employment of the county council. (10) Any officer of the council of a county borough or county district wholly comprised in one district, or to which this paragraph is applied by paragraph (12), who is not transferred by paragraph (2), (3), (5), (6), (7) or (8) shall be transferred to the employment of the district council. (11) Where the council of an administrative county have not made a scheme under article 3(3) of the Schemes Order by reason of notifications of relevant authorities other than one county council that no officers need be transferred to them, paragraphs (2) and (9) shall apply as if the administrative county were wholly comprised in the area of such one county council, and any reference in such paragraphs or in paragraph (4) to the area of the administrative county shall be construed as a reference to so much of the area of the administrative . county as is comprised in the area of such one county council. (12) Where the council of a county district have not made a scheme under the ; said article 3(3) by reason of notifications of relevant authorities other than one district council that no officers need be transferred to them, paragraphs (2), (3) '''<•• and (10) shall apply as if the county district were wholly comprised in the area of such one district council, and in the county in which that district is comprised. (13) Any officer of the council of an administrative county, county borough or county district named in column (1) of Schedule 1 not transferred by a scheme made under the Schemes Order or paragraphs (2) to (12) shall be transferred on 1st April 1974 to the employment of the authority specified in respect of such ; council in column (2). This paragraph does not apply to any council to which paragraph (9) or (10) is applied by paragraph (11) or (12).
Transfers: Members of Fire Brigades 7.—(1) Every member of a fire brigade maintained in pursuance of the Fire Services Act 1947(c), other than that maintained by the Greater London Council •••• or by the Council of the Isles of Scilly, who is below the rank of assistant chief ; officer, and who is serving as such a member immediately before 1st April 1974, shall, if on 1st April 1974 he is not a member of a fire brigade for a new county otherwise than by virtue of this article, on that date be transferred to and become a member of the fire brigade— (a) if immediately before 1st April 1974 he is serving as an instructor at the central training institution or is undergoing training, for the new county in which the premises in or from which he wholly or mainly performed his duties as a member of a fire brigade immediately before he began to serve as such an instructor or immediately before he began his training, as the case may be, are situate, (b) in any other case, for the new county in which the premises in or from which he wholly or mainly performs his duties as a member of a fire brigade immediately before 1st April 1974 are situate. (2) Every member transferred by paragraph (1) shall have the same rank and the same service for purposes of pay as he would have had but for the provisions of this article. (3) Every member of such a fire brigade of or above the rank of assistant chief officer who is serving as such a member immediately before 1st April 1974, shall, if on 1st April 1974 he is not a member of a fire brigade for a new county otherwise than by virtue of this article, on that date be transferred to and become a member of the fire brigade for the new county in which the premises in or from which he wholly or mainly performs his duties as such member are situate. (4) Every member transferred by paragraph (3) shall hold the rank of assistant chief officer but shall be treated for the purposes of his pay, pension and other conditions of employment as if he had continued to hold the rank he held immediately before 1st April 1974 in the firebrigad e in which he was then serving. (5) Any member transferred by paragraph (3) shall on 30th June 1974 or, in the case of any such member who has appealed on grounds of hardship to a Staff Appeals Tribunal— (a) if his appeal is allowed, on the expiration of 3 months from the decision of the Tribunal or 30th September 1974, whichever is the later; (b) in any other case, on the date of the decision of the Tribunal, cease to be a member of the fire brigade to which he was transferred unless before then he has accepted and taken up an appointment as a member of that brigade or has resigned. (6) Where a report, complaint or other allegation is received before 1st April 1974 from which it appears that a person transferred by paragraph (I) or (3) may have committed an offence against discipline within the meaning of the Fire Services (Discipline) Regulations 1948(a), any disciplinary proceedings, including any appeal, arising therefrom under those regulations may be continued as if the alleged offence had been committed while he was a member of the fire brigade to which he was transferred, and, accordingly, those regulations shall have effect subject to any necessary modifications. Transfers: Officers of authorities for water supply, etc. 8.—(1) Nothing in this article applies to any officers transferred by a scheme made.under the Water Schemes Order. (2) Any officer of— the Greater London Council; the council of any London borough or the Common Council of the City of London; or any new town development corporation, (a) S.I. 1948/545 (Rev. VII, p. 757; 1948 I, p. 1059). 6 employed in the discharge of functions which will after 31st March 1974 be exercised by water authorities, and— (a) being so employed wholly or mainly in premises which are to be used, after 31st March. 1974, by a water authority; or (b) operating wholly or mainly from such premises; or (c) being otherwise so employed wholly or substantially so, shall be transferred on 1st April 1974 to the employment of the water authority referred to in (a) or (b) or to the employment of the water authority in whose area he is wholly or mainly employed as described in (c). In this paragraph the relevant area of any water authority, in relation to any functions, is the area of the authority for the purposes of those functions as denned in the order made under section 2(4) or 3(10) of the Water Act 1973 establishing that authority. (3) Any officer of the Port of London Authority employed wholly or mainly in the discharge of functions which will after 31st March 1974 be exercised by the Thames Water Authority shall be transferred on 1st April 1974 to the employ ment of that Authority. (4) Any officer of an authority named in column (1) of Schedule 2 shall be transferred on 1st April 1974 to the employment of the authority specified in respect of such authority in column (2).
Transfers: Officers of other bodies 9.—(1) Any officer of a body named in column (1) of Schedule 3 shall be transferred on 1st April 1974 to the employment of the body specified in respect of such body in column (2). (2) Any officer employed by a parish council constituted under Part V of Schedule 1 to the Act in respect of any matter described in item 13a in Schedule 2 to the Local Authorities (England) (Property etc.) Order 1973 as amended by the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974(a) shall be transferred on 1st April 1974 to the employment of the district council specified in column (4) of the said item.
Tranfers: Officers employed through agency of joint committees 10.—(1) Nothing in this article applies to— (a) any person transferred by a scheme under the Schemes Order or the Water Schemes Order; (b) any person transferred by article 6, 7, 8 or 9. (2) Subject to paragraph (1), this article has effect in relation to officers employed through the agency of a joint committee constituted under section 91 of the Local Government Act 1933(b) or by or under any other enactment. (3) Where such a committee, under section 263(5) of the Act, continues to exist on and after 1st April 1974 as if appointed under Part VI of the Act by new authorities, any officer employed through the agency of the committee shall be transferred on 1st April 1974 to the employment of such new authorities.
(a) S.I. 1974/406 (b) 1933 c. 51.
7 (4) Where by reason of any provision made in or under the Act such a committee ceases to exist, any officer employed through the agency of the committee shall be transferred on 1st April 1974 to the employment of the new authority exercising on and after that date the functions for the purposes of which the joint committee -was constituted.
Supplementary provision as to transfers 11.—(1) Any question by any officer whether he is or is not employed in any manner specified in article 6 or 8 shall be determined in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum. (2) The council of any administrative county, county borough or county district shall ensure that any officer to be transferred by or under article 6 is informed as to— (a) the provisions of article 6 which are applicable to such council; (b) the authority to whom the officer would be transferred by or under article 6; and (c) the provisions of the Appeals Memorandum which are applicable. (3) Any authority from whom any officers are to be transferred by or under article 8 shall ensure that any such officer is informed as to— (a) the authority to whom the officer would be transferred by or under that article; and (b) the provisions of the Water Staffs Appeals Memorandum which are applicable. (4) Where on 31st March 1974 any officer has not taken up the duties of his employment he shall be deemed, in the application of articles 6 and 8, to be employed in, or to be operating from, the premises in which he would be employed or from which he would be operating if he had taken up such duties. (5) Where any officer is on 31st March 1974 absent from his normal duties for the purpose of undergoing training articles 6 and 8 shall apply— (a) if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, on 31st March 1974, occupying such different place, situation or employ ment; (b) otherwise as if he was, on 31st March 1974, occupying the place, situation or employment which he occupied immediately prior to the commence ment of such training. (6) Where any.officer is on 31st March 1974 absent from his normal duties otherwise than for the purposes of undergoing training he shall be deemed, in the application of articles 6 and 8, to be discharging such duties, and to be discharging them in, or from, the premises in, or from, which he normally discharges them.
Appeals 12. Appeals may be made by officers and shall be determined in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum. • Appeals made under article 3(5) of the Local Government (Staff Transfer Schemes and Community Councils) Order 1974(a) .shall be determined in accordance with the arrangements set out in the Appeals Memorandum. Protection of officers transferred 13.—(1) Every officer transferred— (a) by or under article 6, 7, 8, 9 or 10 or a determination given on an appeal arising out of such article; (b) by a scheme made under the Schemes Order, a determination given under article 5(1) thereof or a determination given on an appeal by an officer made in accordance with article 3(5) of the Local Government (Staff Transfer Schemes and Community Councils) Order 1974; or (c) by a scheme made under the Water Schemes Order, a determination given under article 7(1) thereof or an appeal by an officer made in accordance with article 8 thereof, to the employment of any body shall, so long as he continues in that employ ment by virtue of the transfer and until he is served with a statement in writing referring to the relevant order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before 1st April 1974.
In this paragraph, "the relevant order" means— (i) in the case of an officer transferred by or under article 6, 7, 8, 9 or 10, by a determination given on an appeal arising out of such article, or under article 14, this order; (ii) in the case of an officer transferred as described in (b), the Schemes Order; and (iii) in the case of an officer transferred as described in (c), the Water Schemes Order. (2) A statement of new terms and conditions of employment shall not be served— (a) in the case of any officer who has appealed on grounds of hardship to a Staff Appeals Tribunal or a Water Staffs Appeals Tribunal or in relation to whom an appeal has been made to such a Tribunal under article 11(1)— (i) if an appeal on grounds of hardship is allowed, until— an alternative transfer or employment has been arranged; or if no alternative transfer or employment is arranged, the expiration of 3 months from the decision of the Tribunal or 30th September 1974 whichever is the later, (ii) in any other case, until the decision on the appeal has been notified; (b) in the case of an officer to whom article ll(5)(a) applies, unless such officer otherwise agrees, until he has been occupying the different place, situation or employment therein referred to for one month. (3) Subject to paragraph (2), a statement of new terms and conditions of employment may be served before 1st April 1974. (4) A statement of new terms and conditions of employment shall be served on every officer before 1st April 1975.
(a) S.I. 1974/147 (19741, p. 482). 9 (5) If after service of a statement of new terms and conditions of employment upon him (whether before 1st April 1974 or otherwise) an officer appeals on grounds of hardship as aforesaid, or an appeal is made in relation to him to a Staff Appeals Tribunal or a Water Staff Appeals Tribunal under article 11(1), the statement shall cease to have effect, paragraph (1) shall have effect as if the statement had not been served, and a new statement shall be served only in accordance with paragraph (2)(a). (6) The new terms and conditions of employment shall be such that— (a) so long as the,officer is engaged in duties reasonably comparable to those in which he was engaged immediately before 1st April 1974, the scale of his salary or remuneration is not less favourable than that which he enjoyed immediately before 1st April 1974; and- (b) the other terms and conditions of his-employment are not less favourable than those which he enjoyed immediately before 1st April 1974. (7) Where between 1st April 1974 and the service of the statement of new terms and conditions of employment upon any officer the scale of the salary or remuneration which such officer enjoyed immediately before 1st April 1974 is improved, paragraph 6(a) shall have effect as if the scale as improved had been so enjoyed. (8) Where the new terms and conditions of employment involve any diminu tion of the scale of the salary or remuneration of an officer they shall not come into effect until the date, not earlier than the expiration of 3 months from the service of the statement thereof, specified in that statement. (9) Any question by an officer whether duties are reasonably comparable within the meaning of paragraph (6) shall be determined in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum. (10) An officer may appeal in respect of new terms and conditions of employ ment in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum. (11) Any statement of new terms and conditions of employment shall contain a statement of the provisions of paragraphs (9) and (10) and copies of the Appeals Memorandum or the Water Staffs Appeals Memorandum shall be made available for reference by the authority by whom the statement is served. (12) In this article, "terms and conditions of employment" includes any restriction arising under any Act or any instrument made under any Act on the termination of the employment of any officer. (13) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1972(a) shall not be regarded as a statement of new terms and conditions of employment for the purposes of this article unless the state ment so indicates. Secondary transfers 14, Any officer (other than a member of a fire brigade) transferred as mentioned in article 13(1) to the employment of any authority may, before 1st January 1975 or the expiration of 2 months from the service upon him of the statement of new terms and conditions of employment under article 13, whichever is the later, be transferred by the said authority, with the agreement of any other authority, and of the officer, to the employment of that authority, and,article 13 shall thereupon apply to such officer as it applies to officers transferred by the article, scheme or determination mentioned in article 13.
(a) 1972 c. 53. 10 Apprenticeships 15. Any contract of apprenticeship entered into between any person (other than a member of a fire brigade) and the council of an administrative county, county borough or county district,shall have effect as a contract entered into between such person and the authority to whose employment he is transferred or would have been transferred if he had been in the employment of such council.
Saving for training arrangements , 16. Where any officer transferred as mentioned in article 13(1) or under article 14 is undergoing training under arrangements which have not been discharged before 1st April 1974, those arrangements shall continue to apply with the substitution, for the authority in whose employment the officer was prior to the commencement of the training, of the authority to whose employ ment he has been transferred as aforesaid.
Saving for dispensations 17. Any dispensation from the requirements of any regulation granted to the authority from whom any officer is transferred as mentioned in article 13(1)- or under article 14 shall have effect, in relation to such officer, as if it had been granted to the authority to whose employment he has been transferred as afore said.
Saving for extensions of service 18. Any extension of service under section 7(1) of the Local Government Superannuation Act 1937(a) effective on 1st April 1974 in relation to an officer transferred as mentioned in artifeje 13(1) or under article 14 shall continue to have effect as if it had been made by the authority to whose employment he is transferred as aforesaid.
Travelling and removal expenses 19. Any additional travelling expenses, and any removal or incidental expenses, reasonably incurred by any officer in consequence of the abolition by the Act or the Water Act 1973 of the authority by whom he was employed shall be reimbursed by the authority to whose employment he is transferred as mentioned in article 13(1) or under article 14.
Commencing points on scales ~: 20. Where, in relation to any officer— (a) on the scale of salary or remuneration applicable to him immediately before 1st April 1974 he would have become entitled to an increment on that date; and Q>) by reason of any appointment effective as from 1st April 1974 made by the authority to whom he is transferred, any other scale of salary or remuneration becomesjapplicable to him as from that date, any term of his employment as to his commencing point on such other scale shall be applicable as if his employment before, and on and after, the said date were continuous employment under one authority. (a) 1937 c. 68.
11 Notices to terminate Contracts of employment 21.—(1) This article applies to contracts of employment resulting from the operation of article 6, 8, 9 or 10, any scheme made under the Schemes Order or the Water Schemes Order, a determination under article 5(1) of the Schemes Order or article 7(1) of the Water Schemes Order or a determination given on an appeal against a particular, transfer. (2) Notice to terminate any contract of employment to which this article applies may, with his consent, be given to any officer before 1st April 1974 by the authority to whose employment he would be transferred on that date. (3) A notice to terminate any contract of employment to which this article applies shall, unless the officer to whom it is given otherwise agrees, not come into operation earlier than the expiration of 3 months from the service thereof.