OpenLegislation

Section 13 Power to prohibit importation of shellfish in certain cases.

England, Wales and Scotland

(1)

Where any waters are for the time being designated by an order under section 12 of this Act, the appropriate Minister may by order made under this section designate any area, consisting of any part of the coast or other land adjacent to those waters, and prohibit shellfish of any description specified in the order from being imported into that area, except at such places (if any) as may be specified in the order.

(2)

A person shall be taken to contravene an order under this section if any shellfish to which the prohibition imposed by the order applies are imported in contravention of the order, and he, whether as owner, consignor or consignee, agent or broker, is in possession, or is in any way entitled to the custody or control, of the shellfish at the time when they are imported.

(3)

An order under this section may be varied or revoked by a subsequent order thereunder.

(4)

In this section “imported” means imported on board any vessel, F1hovercraft or aircraft, whether from a place outside F2England and Wales or not, and “hovercraft” means a F3hovercraft within the meaning of the M1Hovercraft Act 1960.

F4(5)

This section has effect in relation to Scotland with the modification that in subsection (4) for “England and Wales” there is substituted “Scotland”.

F5(5)

References in this section to importation shall include references to importation through the tunnel system as defined in the Channel Tunnel Act 1987. M2

Annotations

Textual amendments

F1

Words substituted by S.I. 1972/971, art. 10(3)

F2

Words in s. 13(4) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(7)(a); S.I. 1998/3178, art. 3

F3

Words substituted by Hovercraft Act 1968' (c. 59), Sch. para. 4

F4

S. 13(5): “after subsection (4) there is inserted” subsection (5) (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 42(7)(b); S.I. 1998/3178, art. 3

F5

S. 13(5) inserted by S.I. 1990/2371, art. 2, Sch. 1 para. 2

Marginal citations

M1

1968 c. 59.

M2

1987 c.53.