Section 8 Regulation of landing of foreign-caught sea fish.C1C2
United Kingdom
Subject to the provisions of this section and of section 9 of this Act, the F1Secretary of State for Trade, after consultation with the Ministers, may by order regulate the landing in F2England and Wales and Northern Ireland of sea fish which have not been both—
brought to land in England and Wales and Northern Ireland without having been previously landed outside England and Wales and Northern Ireland;
and, without prejudice to the generality of the power conferred by the foregoing provisions of this section, an order under this section may determine for any such period as may be specified in the order—
the descriptions of such sea fish as aforesaid which may be landed in England and Wales and Northern Ireland;
the quantity of such sea fish, or of any description thereof, which may be so landed;
but the landing of sea fish taken by a relevant British fishing boat registered in the Isle of Man or any of the Channel Islands shall not be exempt from the operation of an order under this section unless the master is either a British subject or a citizen of the Republic of Ireland and the second hand is also either a British subject or such a citizen.
Any order under this section may contain such provisions as appear to the Secretary of State for Trade after consultation with the Ministers, to be necessary for securing the due operation and enforcement of the scheme of regulation contained in the order.
An order under this section regulating the landing of sea fish shall not be made unless it appears to the Secretary of State for Trade, after consultation with the Ministers, that there have been, or are being, taken all such steps (if any) as are practicable and necessary for the efficient reorganisation of that branch of the sea fishing industry of England and Wales and Northern Ireland or of that branch of the fish curing industry in England and Wales and Northern Ireland, as the case may be, in whose interests the order is proposed to be made.
In deciding whether or not to make an order under this section, and in settling the terms of any such order, the Secretary of State for Trade shall, among other considerations, have regard to the interests of consumers of the sea fish to which the order relates (including persons who purchase such sea fish for the purpose of subjecting them to any treatment or process of manufacture) and to the effect which the regulation of the landing of such sea fish in England and Wales and Northern Ireland is likely to have upon commercial relations between the United Kingdom and other countries; and the Secretary of State for Trade shall not make such an order unless they are satisfied that it is not at variance with any treaty, convention or agreement for the time being in force between Her Majesty and any foreign power or between Her Majesty’s Government in the United Kingdom and the government of any other country.
Annotations
Textual amendments
- F1
Words substituted by virtue of S.I. 1970/1537, Sch. 2 para. 10; and S.I. 1974/692, arts. 2(1), 5(3), Sch. 1 Pt. III
- F2
Words in s. 8 substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(8)(a); S.I. 1998/3178, art. 3
- F3
Words in s. 8(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(2)(b); S.I. 1998/3178, art. 3
- F4
Words in s. 8(1)(a) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(8)(b); S.I. 1998/3178, art. 3
Modifications
- C1
S. 8: certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)(2)(j)
- C2
S. 8: transfer of functions (5.12.2012) by The Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), arts. 1(2), 3(2) (with art. 5)
- C3
S. 8(1)-(3) modified (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 4(6)