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Article 6 Vessels must have been genuine commercial fishing vessels during relevant qualifying period

Original text. Later amendments are not shown.

(1)

No grant shall be paid in respect of a vessel unless the appropriate Minister is satisfied, having regard to all relevant factors, including—

(a)

time spent by the vessel awaiting or undergoing repair or improvement; and

(b)

the extent to which the vessel took advantage of the fishing opportunities open to her,

that she was a genuine commercial fishing vessel throughout the relevant qualifying period.

(2)

A vessel shall be deemed for the purposes of subparagraph (1) of this paragraph to have been a genuine commercial fishing vessel throughout the relevant qualifying period

(a)

in the case of a vessel whose registered length on the last day of the relevant qualifying period was 40 feet or more, if the number of days spent at sea by the vessel on fishing voyages (a day of departure and a day of arrival each being reckoned as one day unless they are the same day) during the relevant qualifying period was equal to or greater than 20% of the days in the relevant qualifying period;

(b)

in the case of a vessel whose registered length on the last day of the relevant qualifying period was under 40 feet, if the gross proceeds of first hand sale of fish caught by that vessel during any continuous period of 60 days within the relevant qualifying period amounted to not less than £1100 or, where the relevant qualifying period was less than 60 days, to not less than the amount which bears the same proportion to £1100 as the number of days in the relevant qualifying period bears to 60.

(3)

A vessel which was laid up for the whole of the relevant qualifying period shall be deemed for the purposes of subparagraph (1) of this paragraph not to have been a genuine commercial fishing vessel throughout that period unless for over 50% of that period she was laid up for the purpose of repair or improvement with a view to a return to fishing immediately after completion of the repair or improvement.