The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 No. 915 (N.I. 9)

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STATUTORY INSTRUMENTS

2007 No. 915 (N.I. 9)
NORTHERN IRELAND
The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007

	Made	21st March 2007
	Coming into operation in accordance with Article 1(2) to (4)

ARRANGEMENT OF ORDER

PART I
INTRODUCTORY

1.	Title and commencement

2.	Interpretation

PART II
AQUACULTURE

3.	Aquaculture

PART III
MISCELLANEOUS AMENDMENTS OF THE FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952

4.	Definitions

5.	Functions of the Commission

6.	Regulation of fishing

7.	Restrictions on number of licences

8.	Acquisition and development of waters for angling

9.	Permits to fish in Commission's waters

10.	Close seasons and times

11.	Unlicensed fishing, etc.

12.	Metrication

13.	Use of nets across rivers

14.	Reinstatement of polluted waters

15.	Use of certain devices to take fish

16.	Fishing by cross lines

17.	Taking fish unlawfully killed or found dead

18.	Taking, etc., spawn, smolts or fry of salmon or trout

19.	Officers of the Commission

20.	River watchers

21.	Seizure and disposal of certain articles

22.	Powers of authorised persons

23.	Warrants to enter certain premises

24.	Apprehension of offenders

25.	Powers of inspection, examination and detention

26.	Penalties for offences

27.	Exemption for acts done for improvement of fisheries, etc.

28.	Forfeiture of boats, fishing engines, etc.

29.	Enforcement of private fishing rights

30.	Powers to manage the Londonderry fishery

31.	Calculation of time periods

PART IV
SUPPLEMENTAL

32.

Penalties

33.	Further provision

34.	Amendments and repeals

SCHEDULES:

Schedule 1

Provisions to be inserted as Schedule 3A and Schedule 3B to the 1952 Act

At the Court at Buckingham Palace, the 21st day of March 2007
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) 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:–

PART I
INTRODUCTORY
Title and commencement
     1. —(1) This Order may be cited as the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007.

    (2) This Article and Article 2 come into operation on the expiration of 7 days from the day on which this Order is made.

    (3) Except as provided by paragraph (2), this Order comes into operation on such day or days as the Department may by order appoint.

    (4) Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33) an order made under paragraph (3) may specify or delimit any geographical area in relation to which any provision of this Order is to come into operation.

Interpretation
     2. —(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order—

"the Department" means the Department of Agriculture and Rural Development;

"the 1952 Act" means the Foyle Fisheries Act (Northern Ireland) 1952 (c. 5);

"statutory provision" has the same meaning as in the Interpretation Act (Northern Ireland) 1954.

PART II
AQUACULTURE
Aquaculture
3. —(1) In the 1952 Act, after Part VI, there shall be inserted—

" PART VIA
AQUACULTURE
Aquaculture licences
Aquaculture licences

52A.

—(1) The Commission may, in accordance with the provisions of this Part, grant a licence ("an aquaculture licence") to any person authorising that person to engage in aquaculture within any area specified in the licence (the "licensed area").

    (2) An aquaculture licence may be granted notwithstanding any public right to fish in the area which, on the granting of the licence, becomes the licensed area.

    (3) Subject to subsection (4) the licensed area may include any part of the foreshore or any part of the bed of the sea or an estuary.

    (4) An aquaculture licence shall not specify any area—

(5) A person shall not engage in aquaculture in the Foyle Area or the Carlingford Area except under, and in accordance with the conditions of, an aquaculture licence.

(6) A person who contravenes subsection (5) shall be guilty of an offence and liable—

Applications for aquaculture licences
52B. —(1) An application for an aquaculture licence shall be made to the Commission and shall—

(a) contain such information and be made in such form and in such manner as may be prescribed;

(b) be advertised, at the expense of the applicant, in such form and in such manner as may be prescribed; and

(c) be accompanied by—

    (2) Without prejudice to any other provision of this Part, regulations under subsection (1)(a) may contain provisions similar to the provisions of Directive 85/337/EEC and may, in particular, require the Commission, when considering whether to grant an aquaculture licence, to take account of any information received by, or representations made to, the Commission which relate to the impact of aquaculture on the environment.

    (3) The Commission may, by giving notice to the applicant, require him to furnish such further information as may be specified in the notice, within the period so specified, as the Commission may require for the purpose of determining the application.

    (4) If a person fails to furnish any information—

(a) required under subsection (1)(a); or

(b) specified in a notice under subsection (3) within the period specified in the notice,

the Commission may refuse to proceed with the application.

Determination of applications for aquaculture licences
52C. —(1) The Commission shall consider an application for an aquaculture licence and either—

(a) grant the licence; or

(b) refuse to grant the licence.

(2) In determining an application for an aquaculture licence, the Commission shall consider any written representations relating to the application (including any representations made to the Commission which relate to the impact of aquaculture on the environment) which are received by the Commission within the period of 28 days beginning with the date on which the application was last advertised in accordance with section 52B(1)(b).

(3) As soon as practicable after determining an application for an aquaculture licence the Commission shall give—

(a) the applicant; and

(b) each person who made representations considered under subsection (2),

notice of the determination.

(4) Where the Commission grants an aquaculture licence, the Commission shall, in such form and in such manner as may be prescribed, publish a notice stating that the licence has been granted.

(5) Where the Commission grants an aquaculture licence, the licence—

(a) shall, if no appeal is brought under section 52P, take effect on the expiration of 28 days from the date on which the Commission, in accordance with subsection (4), last published a notice stating that the licence had been granted;

(b) shall, if an appeal is brought under section 52P, take effect—

Form and conditions of aquaculture licences
     52D. —(1) An aquaculture licence shall define the position and limits of the licensed area by reference to a map or chart, either with or without descriptive matter (which, in the case of any discrepancy with the map or chart, shall prevail except in so far as may otherwise be provided by the licence).

    (2) Where any consent mentioned in section 52A(4) was given subject to any conditions or limitations, the licence shall be subject to such conditions or limitations and such fact shall be stated in the licence.

    (3) An aquaculture licence may contain such other conditions as the Commission shall determine.

    (4) Without prejudice to the generality of subsection (3), conditions contained in an aquaculture licence may relate to any of the following—

(a) operational practices;

(b) monitoring and protection of the health of fish, aquatic invertebrate animals or aquatic plants and the reporting of incidences of disease and the presence of parasites;

(c) monitoring and inspection of the activities carried on pursuant to the licence;

(d) the type of ropes, trestles, fish cages or other equipment or structures which may be located within the licensed area;

(e) the marking, by buoys or otherwise, of the limits of the licensed area or any part of it, or of the location of ropes, trestles, fish cages or other structures within the licensed area;

(f) the keeping of records by the holder of the licence;

(g) the making of returns and the giving of other information to the Commission in relation to activities in the licensed area;

(h) the protection of the environment (including the man-made environment of heritage value) and the control of discharges from the licensed area;

(i) appropriate environmental, water quality and biological monitoring and, in particular, the provision of samples, or of facilities for taking samples in the licensed area;

(j) in relation to the farming or culture of fish—

(k) the payment of any prescribed fee in relation to the licence.

(5) An aquaculture licence may, in so far as is expedient for the purpose of giving effect to any conditions attached to it, exempt—

(a) the holder of the aquaculture licence and any person acting under his directions; and

(b) a person who acquires fish of any kind taken in accordance with such conditions,

from the restrictions imposed by section 34 or regulations made under section 13(gg) in so far as those restrictions apply to fish of that kind.

Duration of aquaculture licences
52E. —(1) Subject to subsections (2) and (3), an aquaculture licence—

(a) shall in the first instance be limited to a period specified by the Commission in writing, being a period of not less than 10 years and not exceeding 20 years, and

(b) on the expiration of that period shall, on the Commission being satisfied that reasonable progress has been, and is likely to continue to be, made in developing the licensed site, be renewed for a further period specified by the Commission in writing, not exceeding 20 years, and

(c) on the expiration of that period, on the Commission being satisfied as aforesaid, may be further renewed from time to time for such period specified by the Commission in writing but not, on any occasion, for a period exceeding 20 years.

(2) Where an aquaculture licence has been granted—

(a) to the occupier (not being the owner) of a several fishery or of any land included in the licensed area; or

(b) to any person with the consent of such an occupier,

and the owner of the several fishery or land did not consent in writing to the grant of the licence, the licence shall remain in force only during the continuance in occupation of that occupier.

    (3) Where an aquaculture licence is granted with the consent in writing of any owner or occupier and a period is specified in the consent, the licence shall remain in force only for that period.

Effect of aquaculture licence
     52F. —(1) An aquaculture licence shall confer on the holder of the licence the exclusive right, in the licensed area, to deposit, introduce, propagate, dredge, harvest and take any fish, aquatic invertebrate animal or aquatic plant which is farmed or cultivated in accordance with the licence.

    (2) An aquaculture licence shall not—

(a) except for the purpose of the farming or cultivation of fish, animals or plants of a kind specified in the licence, affect any right in or over the foreshore or the bed of the sea or any estuary, or any right of several fishery;

(b) for any purpose, affect any such right of any person which he enjoys under a local or personal Act or under Royal Charter, letters patent, prescription or immemorial usage, without the consent of that person.

    (3) Notwithstanding anything contained in this Act or any regulations made under this Act, the holder of an aquaculture licence and any person acting under his directions may, subject to the conditions contained in the licence, do anything authorised by the licence or anything that is necessary or expedient for doing anything authorised by the licence.

    (4) The ownership of any fish, aquatic invertebrate animal or aquatic plant the farming or cultivation of which is authorised by an aquaculture licence and which is farmed or cultivated in accordance with that licence vests in the holder of the licence and his executors, administrators or assigns.

    (5) Subject to section 52K, an aquaculture licence is not transferable by the holder, but the Commission may transfer it to another person in accordance with section 52L.

    (6) Except as permitted by or under this Act, if a person, by trespass, fishing or otherwise, interferes with anything done or being done pursuant to an aquaculture licence and the interference is carried on without the permission of the holder of the licence, then, notwithstanding the existence of any public right to fish, the person so interfering shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months, or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

Variation of aquaculture licences by Commission
     52G. —(1) Subject to subsection (2), the Commission may, on its own initiative, vary an aquaculture licence (but not so as to extend the licensed area) if it considers that it is in the public interest to do so.

    (2) An aquaculture licence shall not be varied so as to affect any conditions or limitations subject to which a consent under section 52A(4) was given, or any period mentioned in such a consent, otherwise than with the consent in writing of the person or authority who gave the consent or his or its successor in title.

    (3) Where the Commission proposes to vary an aquaculture licence under this section, the Commission shall—

(a) give to the holder of the licence at least 28 days' notice of its proposal to do so and of the grounds upon which the variation is proposed to be made; and

(b) advertise, in such form and in such manner as may be prescribed, notice of its proposal to vary the licence.

(4) Before varying the licence the Commission shall consider any written representations which are received by the Commission within the period of 28 days from—

(a) the date on which the Commission gave notice to the holder of the licence of the proposed variation; or

(b) the date on which notice of the proposal to vary the licence was last advertised in accordance with subsection (3)(b),

whichever is the later.

(5) Where the Commission varies a licence under this section the Commission shall give notice of the variation to the holder of the licence and the notice shall specify—

(a) the variation of the licence which the Commission has decided to make; and

(b) the date or dates on which the variation is to take effect.

(a) it is satisfied that there has been a breach of a condition specified in the licence; or

(b) it considers that it is in the public interest to do so.

(3) Where the Commission proposes to revoke an aquaculture licence, the Commission shall give the holder of the licence at least 28 days' notice of—

(a) its intention to do so; and

(b) the grounds upon which the revocation is proposed to be made;

and before revoking the licence the Commission shall consider any representations made by the holder of the licence before the expiration of the notice.

(4) Where the Commission revokes an aquaculture licence the Commission shall give notice of the revocation to the person whose licence has been revoked, and the notice shall inform that person of his right of appeal under section 52P, and of the time within which the appeal may be brought.

(5) The revocation of an aquaculture licence in accordance with this section shall not take effect until—

(a) the expiry of the time allowed for making an appeal under section 52P; or

(b) if an appeal is made under section 52P—

whichever is the later.

    (6) The Commission shall be liable to pay compensation to a person who was the holder of an aquaculture licence in respect of any loss or damage sustained by that person as a result of any action taken by the Commission by virtue of subsection (2)(b) and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be referred to and determined by the Appeals Board.

Surrender of aquaculture licences
     52J. —(1) An aquaculture licence may, in accordance with subsections (2) to (5), be surrendered by its holder to the Commission if the Commission accepts the surrender.

    (2) The holder of an aquaculture licence who wishes to surrender it shall make an application for that purpose to the Commission on a form provided by the Commission for the purpose, giving such information and accompanied by such documentation as the Commission reasonably requires and accompanied by the fee payable in accordance with section 52N.

    (3) On receiving an application for the surrender of an aquaculture licence the Commission—

(a) shall inspect the licensed area, and

(b) may require the holder of the aquaculture licence to—

(a) such information as the Commission may reasonably require;

(b) where the aquaculture licence has been granted subject to the consent of the owner or lawful occupier of the foreshore, bed of the sea, estuary or any fishery, the consent in writing of that owner or lawful occupier, as the case may be, to the proposed transfer of the licence;

(c) the fee payable in accordance with section 52N; and

(d) the licence.

    (4) If the Commission is not satisfied that the licence should be transferred to the proposed transferee, it shall give notice of its refusal to transfer the licence to the holder of the aquaculture licence and the proposed transferee.

    (5) If, on an application under subsection (2), the Commission is satisfied that the licence should be transferred to the proposed transferee, the Commission shall effect a transfer of the aquaculture licence to the proposed transferee.

    (6) The Commission shall effect a transfer of an aquaculture licence under subsection (5) by causing the licence to be endorsed with the name and other particulars of the proposed transferee as the holder of the licence from such date specified in the endorsement as may be agreed with the applicants.

    (7) Nothing in this section shall affect the liability of the holder of an aquaculture licence for any failure by him, before any transfer under subsection (5) took effect, to comply within any condition of that licence.

Register of aquaculture licences
     52M. —(1) The Commission shall, in such manner as may be prescribed, maintain a register containing prescribed particulars of, or relating to, aquaculture licences.

    (2) Without prejudice to the generality of subsection (1), a register under this section may be maintained in electronic form.

    (3) The Commission shall—

(a) ensure that the contents of a register maintained under this section are available, at all reasonable times, for inspection (including, where practicable, inspection by electronic means) by the public free of charge; and

(b) afford members of the public reasonable facilities for obtaining from the Commission, on payment of reasonable charges, copies of entries in the register.

(4) A register maintained under this section shall be conclusive evidence as to the terms of any aquaculture licence, or any condition to which such a licence is subject, as that licence, or that condition, as the case may be, has effect for the time being.

Fees in respect of applications for aquaculture licences, etc.
52N. —(1) The Commission may in such manner as may be prescribed, provide for the payment to the Commission of fees in relation to—

(a) applications for aquaculture licences under section 52B;

(b) the subsistence of an aquaculture licence;

(c) applications for the variation of an aquaculture licence under section 52H;

(d) applications for the surrender of an aquaculture licence under section 52J;

(e) applications for the transfer of an aquaculture licence under section 52L.

(2) Regulations under subsection (1) may provide for the refund (in whole or in part) of fees in prescribed circumstances.

Foyle and Carlingford Aquaculture Licensing Appeals Board

Foyle and Carlingford Aquaculture Licensing Appeals Board

52O.

—(1) There is hereby established a body to be known as the Foyle and Carlingford Aquaculture Licensing Appeals Board ("the Appeals Board").

    (2) The Appeals Board shall consist of 8 members to be appointed by NSMC.

    (3) At least one of the members of the Appeals Board shall be a solicitor or barrister qualified to practice in any part of the Foyle Area or the Carlingford Area.

    (4) In appointing the other members of the Appeals Board, NSMC shall—

    (5) NSMC shall appoint a Chairperson from among the members of the Appeals Board.

    (6) The Department may make regulations providing for the payment to the Appeals Board of fees in relation to appeals under section 52P.

    (7) The Department may make grants to the Appeals Board out of money appropriated by Act of the Assembly.

    (8) Such grants shall be of such amounts and be made on such terms and conditions as the Department may determine.

    (9) Schedule 3A shall have effect in relation to the Board.

Appeals from decisions with respect to aquaculture licences
     52P. —(1) A person aggrieved by a decision of the Commission—

(a) to grant or to refuse to grant an aquaculture licence;

(b) to specify any condition in an aquaculture licence;

(c) to vary an aquaculture licence under section 52G;

(d) to vary or to refuse to vary an aquaculture licence under section 52H;

(e) to revoke an aquaculture licence under section 52I;

(f) to refuse to transfer an aquaculture licence under section 52L;

(g) to refuse to accept the surrender of an aquaculture licence under section 52J;

may appeal to the Appeals Board.

(2) An appeal to the Appeals Board shall be made by sending a notice of appeal to the Appeals Board so that it is received by the Appeals Board—

(a) in the case of a decision of the Commission to grant an aquaculture licence or specify any condition in an aquaculture licence, not later than 28 days after the date on which notice to grant the licence was last published in accordance with section 52C(4);

(b) in the case of a decision by the Commission to vary an aquaculture licence under section 52G or 52H, not later than 28 days after the date on which notice of the decision to vary the licence was last published in accordance with section 52G(6);

(c) in the case of a decision of the Commission—

not later than 28 days after the date on which notice of the disputed decision was received by the person aggrieved;

(d) in the case of a decision (or deemed decision) of the Commission to refuse to accept the surrender of an aquaculture licence under section 52J, not later than 28 days after the date on which in accordance with subsection (5) of that section, notice of the refusal was given to the applicant or, as the case may be, the Commission was deemed to have refused the application.

(3) The Appeals Board may—

(a) confirm or set aside the decision which is the subject of the appeal, or any part of it; or

(b) substitute its decision on the matter for that of the Commission.

    (4) Where, on an appeal under subsection (1), the Appeals Board determines that the decision of the Commission should be altered, the Commission shall give effect to the determination and shall publish, in such manner and such form as may be prescribed, notice of the determination.

    (5) Schedule 3B shall have effect with respect to appeals under subsection (1).

    (6) The Department may make regulations providing for such additional, incidental, consequential or supplemental procedural matters in respect of appeals to the Appeals Board as appear to the Department to be necessary or expedient.

    (7) Without prejudice to the generality of subsection (6), regulations under that subsection may make provision—

(a) in relation to the class or classes of persons who may be heard at an oral hearing;

(b) for the manner of the notification of the determination of an appeal; and

(c) the availability for inspection by the public of documents or extracts from documents relating to appeals, the period of such availability, and the purchase by the public of copies of such documents or extracts from such documents.

Reasons to be given for decisions
52Q. Where—

(a) the Commission gives any decision—

(b) the Commission gives any decision, or is deemed to give any decision, to refuse to accept the surrender of an aquaculture licence under section 52J; or

(c) the Appeals Board gives a decision in relation to a dispute referred to it under section 52G(7) or 52I(6) or determines an appeal under section 52P,

it shall be the duty of the Commission or, as the case may be, the Appeals Board, to state the reasons for the decision or determination.

Miscellaneous

Recapture of escaped stock

52R.

—(1) The Commission may take such action as it considers necessary to recapture stock which has escaped from a licensed area.

(2) The Commission may, notwithstanding any other provision of this Act, authorise—

to take such action as is specified in the authorisation to recapture stock which has escaped from a licensed area.

(3) An authorisation referred to in subsection (2) may be granted subject to such conditions, if any, as the Commission considers necessary or expedient.

(4) The reasonable costs of—

may be recovered from the holder of the aquaculture licence whose stock has escaped as a civil debt recoverable summarily by the person who incurred the costs.

Offences of making false or misleading statements or false entries
     52S. —(1) A person who, for the purpose of obtaining for himself or for another any grant of an aquaculture licence, any variation of an aquaculture licence or any transfer of an aquaculture licence, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, shall be guilty of an offence.

    (2) A person who intentionally makes a false entry in any record required to be kept by virtue of an aquaculture licence shall be guilty of an offence.

    (3) A person guilty of an offence under subsection (1) or (2) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

Inquiries and inspections
52T. —(1) Without prejudice to section 80, the Commission may, with respect to any licensed area, make such inquiries and examination by an officer of the Commission (within the meaning of section 53) or otherwise, and require from the holder of the aquaculture licence to which the licensed area relates such information as the Commission considers necessary or proper, and the holder of the aquaculture licence shall afford all facilities for such inquiries and examination, and give such information, accordingly.

(2) Without prejudice to any provision of Part VII, for the purpose of an examination under subsection (1) an officer authorised in writing in that behalf by the Commission, on producing his authority if so required, may at any reasonable time—

(a) enter any licensed area; and

(b) examine that area and all fish, buildings, structures, rafts, trays, devices and other things found there; and

(c) obtain, take away and dispose of samples (which shall be marked, labelled or otherwise made capable of identification) of any fish, animal or plant or of any water or other substance, found there,

and the holder of an aquaculture licence shall afford to such an officer facilities for the exercise by him of any right conferred by this subsection.

(3) Nothing in this section shall be construed as authorising any person to enter—

(a) any enclosed garden;

(b) any dwelling-house or the curtilage thereof.

Regulations
52U. —(1) Regulations made under this Part by the Commission shall be subject to the approval of NSMC.

(2) As soon as practicable after it makes any regulations under this Part, the Commission or, as the case may be, the Department, shall publish in at least two newspapers circulating in the Foyle Area and the Carlingford Area notice—

(a) stating that the regulations have been made and giving a general description of their content;

(b) specifying a place at which, and the hours between which, a copy of the regulations may be inspected.

    (3) Regulations made under this Part by the Commission or by the Department may contain such supplementary, incidental and transitional provision as the Commission or, as the case may be, the Department, thinks necessary or appropriate.

    (4) The Commission or, as the case may be, the Department, shall cause regulations made under this Part to be laid before the Assembly as soon as may be after they are made, and regulations under this Part shall be subject to negative resolution.

Transitional provision – existing licences in the Foyle and Carlingford Areas
     52V. —(1) This section applies to a licence which—

(a) is granted under section 11, Part IX or Part IXA, as the case may be, of the Fisheries Act (Northern Ireland) 1966;

(b) is in force immediately before the coming into operation of Article 3 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007; and

(c) authorises the doing of any act in any area of the Foyle Area or the Carlingford Area in respect of which the provisions contained in that Article are in operation.

(2) On and after the coming into operation of Article 3 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007, a licence to which this section applies shall, for so long as it would have continued in force apart from this section, have effect as an aquaculture licence granted under section 52A, subject to the same conditions as were attached to the licence immediately before that Article came into operation.

Transitional provision – applications, etc. for certain licences in the Foyle Area and the Carlingford Area
52W. —(1) This section applies to an application for a licence under section 11, Part IX or Part IXA of the Fisheries Act (Northern Ireland) 1966 which—

(a) relates to any area in the Foyle Area or the Carlingford Area in respect of which the provisions contained in Article 3 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 are in operation; and

(b) has not been determined by the Department before the date on which the provisions of Article 3 of that Order came into operation as respects that area.

    (2) Subject to paragraph (3), the provisions of this Part and any regulations made under any provision of this Part shall apply to applications to which this section applies as if they were applications under this Part.

    (3) Anything done in relation to an application to which this section applies under a relevant provision of the Fisheries Act (Northern Ireland) 1966 shall be deemed to have been done under the corresponding provision of this Act.

    (4) In subsection (3), "relevant provision" means any of the following provisions of the Fisheries Act (Northern Ireland) 1966—

(a) sections 11 to 11C;

(b) Part IX;

(c) Part IXA.

Interpretation
52X. —(1) In this Part—

"the Appeals Board" means the Foyle and Carlingford Aquaculture Licensing Appeals Board established by section 52O(1);

"aquaculture" means the farming or cultivation of any fish, aquatic invertebrate animal or aquatic plant, including any aquatic form of food suitable for the nutrition of fish;

"aquaculture licence" means an aquaculture licence applied for or granted under this Part;

"licensed area" means the area specified in an aquaculture licence;

"notice" means notice in writing;

"notice of appeal" means a notice of appeal under section 52P(2);

"prescribed" means prescribed by regulations under this Part;

"regulations" (except in sections 52O(6) and 52P(6)) means regulations made by the Commission under this Part;

"vary", in relation to the conditions of an aquaculture licence, means adding to the conditions or varying or rescinding any of the conditions, and "variation" shall be construed accordingly.

(2) In this Part, "fish" means—

(a) freshwater fish of any kind;

(b) salmon and other fish of a kind that migrates to and from the sea;

(c) eels and elvers;

(d) sea-fish;

(e) shell-fish;

(f) the spawn, fry, brood and spat of any fish;

(g) any part of any fish.

(3) In subsection (2)(a), "freshwater fish" means any fish living in fresh water, other than a kind of fish that migrates to and from the sea.".

(2) The provisions set out in Schedule 1 shall be inserted after the Third Schedule to the principal Act as Schedule 3A and Schedule 3B of that Act.

PART III
MISCELLANEOUS AMENDMENTS OF THE FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952
Definitions
4. In section 2 of the 1952 Act (interpretation)—

" "river" includes a branch of a river and any stream, lake, estuary or watercourse;";

" "waters" includes any river or part of the sea;";

" "several fishery" means any fishery lawfully possessed and enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person or persons whether in navigable waters or in waters not navigable, and whether the soil covered by such waters is vested in such person or persons or in any other person;";

(3) In subsection (2)(a), "freshwater fish" means any fish living in fresh water, other than a kind of fish that migrates to and from the sea.

(4) In this Act any reference to a river includes a reference to the channel or bed of a river which is for the time being dry.".

Functions of the Commission
5. —(1) In section 11 of the 1952 Act (constitution and functions of the Commission)—

(a) in subsection (2), after paragraph (b) there shall be added—

" and

(b) after subsection (2) there shall be inserted—

(2A) Without prejudice to the generality of subsection (2), the Commission may, for the purposes of its functions under that subsection—

(a) provide education or training courses or facilities for training or instruction;

(b) co-operate with other bodies having functions similar to those of the Commission;

(c) carry out such research as it considers necessary;

(d) make charges for facilities, amenities and services provided by the Commission.”.

(2) In the Third Schedule to the 1952 Act, in paragraph 2(1) (as renumbered by Article 29 of this Order) in head (c) the words "for the government, management, maintenance or improvement of the fisheries of the Foyle Area or the Carlingford Area" shall cease to have effect.

Regulation of fishing
6. —(1) In section 13 of the 1952 Act (regulations)—

(a) in subsection (1), after paragraph (g) there shall be inserted—

(b) in subsection (2), after "licence" there shall be inserted ", tag";

(c) for subsections (3) to (5) there shall be substituted—

" (2A) Regulations made by virtue of subsection (2) may—

(2B) Regulations made by the Commission under this section may—

(3) As soon as practicable after it makes any regulations under this section the Commission shall publish in at least two newspapers circulating in the Foyle Area and the Carlingford Area a notice—

(4) Regulations made by the Commission under this section may contain such supplementary, incidental and transitional provisions as the Commission thinks necessary or appropriate.

(5) The Department shall cause regulations made under this section to be laid before the Assembly as soon as may be after they are made, and regulations under this section shall be subject to negative resolution.";

(d) subsections (5A) and (5B) shall cease to have effect.

(2) In section 34 of the 1952 Act, subsection (4) shall cease to have effect.

Restrictions on number of licences
7. For section 14 of the 1952 Act (restriction on number of licences) there shall be substituted—

" Restrictions on number of licences

14.

—(1) The number of fishing licences which may be issued by the Commission in any year for fishing with fishing engines of any kind (other than rod and line) in—

shall not exceed such number as may be prescribed in relation to those waters or that part.

(2) If the number of applications duly made for fishing licences in any year exceeds the maximum number prescribed by virtue of this section, the fishing licences shall be allocated in such manner as may be prescribed.".

Acquisition and development of waters for angling
8. After section 14 of the 1952 Act there shall be inserted—

" Acquisition and development of waters for angling

14A.

—(1) The Commission may, for the purpose of developing or improving facilities for angling, acquire by agreement—

(2) Where fishing rights in respect of any waters have been acquired by the Commission under subsection (1)(a), the Commission may do all such things as are necessary or expedient—

Permits to fish in Commission's waters
9. After section 14A of the 1952 Act, as inserted by Article 8 of this Order, there shall be inserted—

" Permits to fish in Commission's waters

14B.

—(1) Where the Commission owns or manages the fishing rights in any waters—

    (2) The Commission may under subsection (1)(a) issue complimentary permits to such persons as may be prescribed in such circumstances as may be prescribed and nothing in this Act shall require such persons to make any payment in respect of such a permit.

    (3) A permit issued under subsection (1)(a) shall be granted for such period, and subject to such conditions, as may be specified in the permit.

    (4) Where a permit is issued under subsection (1)(a) in relation to any waters, any person who—

shall be guilty of an offence against this Act.".

Close seasons and times
10. —(1) In section 27 of the 1952 Act (times of fishing) at the end there shall be added—

" (5) Different periods may be prescribed under this section in respect of different kinds of fish and, where a period is so prescribed for a particular kind of fish, references in this Act to the annual close season, the annual close season for angling or the weekly close time shall, as the case may require, be construed in relation to that kind of fish as references to the period so prescribed.

(6) Regulations may provide that this section and sections 28 and 29 shall not apply to fish of a prescribed kind.".

    (2) In sections 28 (close seasons) and 29 (close times) after the words "salmon or trout" wherever those words occur there shall be inserted the words "or any other fish of a kind prescribed for the purposes of this section".

    (3) In section 33 (use of nets during close season or close time) for the words "annual close season or weekly close time" there shall be substituted the words "annual close season for salmon or trout or weekly close time for salmon or trout".

Unlicensed fishing, etc.
     11. At the beginning of Part VI of the 1952 Act there shall be inserted—

" Unlicensed fishing, etc.
Prohibition of unlicensed fishing

35A.

—(1) A person shall not fish for, take or kill salmon or such other kind of fish as may be prescribed for the purposes of this section except—

    (2) A person shall not have in his possession in or near any fishing place any fishing engine for the taking or killing of salmon or such other kind of fish as may be prescribed for the purposes of this section, which is erected or in fishing order, unless there is in force a fishing licence by virtue of which he is authorised to use that fishing engine at that place.

    (3) A person who acts, or causes or permits another person to act, in contravention of subsection (1) or (2) shall be guilty of an offence against this Act.

    (4) If any person using at any place a fishing engine for which a fishing licence is required under this Act, or having such a fishing engine erected or in fishing order in his possession in or near any fishing place, fails on demand to produce to an authorised person a fishing licence by virtue of which he is authorised to use that fishing engine at that place, he shall be guilty of an offence against this Act.

    (5) A person guilty of an offence under subsection (3) or (4) by reason of a contravention of subsection (1), (2) or (4) which consists only of the use or possession of a rod and line or hand line shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (6) A person who—

shall be guilty of an offence against this Act.

(7) In charging an offence under this section by reason of a contravention of subsection (1) it shall be sufficient—

(8) In this section and in section 35B "fishing licence" means—

    (9) In relation to a fishing licence issued by a body other than the Commission, the reference to regulations in subsection (1)(b) shall be construed as a reference to regulations or byelaws relating to that licence.

    (10) This section is subject to section 35B.

Exceptions, defences, etc. in relation to offences under section 35A
     35B. —(1) Subsections (1) and (2) of section 35A do not apply in relation to anything which a person is expressly empowered to do under any provision made by or under this Act or any other statutory provision.

    (2) Nothing in section 35A applies to a person—

(a) who fishes lawfully by rod and line in a production pond at a licensed area (within the meaning of section 52X(1)); or

(b) who has for that purpose in his possession a rod or line at or near a licensed area.

(3) In subsection (2) "production pond" means a pond—

(a) used for the artificial propagation and culture of fish; and

(b) designated by the Commission for the purposes of this subsection as a production pond in an aquaculture licence.

(4) Where a person is charged under section 35A with an offence which consists of taking fish which he is not licensed to take, it shall be a good defence for him to prove that—

(a) at the time when that fish was taken, he was engaged in lawfully fishing for another kind of fish; and

(b) that the first-mentioned fish was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.

(5) Where a person is charged under section 35A with an offence which consists of—

(a) having a fishing engine in his possession as mentioned in subsection (2) of that section; or

(b) a failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (4) of that section,

it shall be a good defence for him to prove that he had the fishing engine in his possession as manufacturer or seller of the fishing engine and not for the purpose of using it.

(6) A person shall not be charged with an offence under section 35A consisting of failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (4) of that section if upon demand being made by an authorised person for the production of a fishing licence under that subsection, the first mentioned person—

(a) then and there gives to the authorised person his name and address and any evidence of his identity then available and also gives a reasonable explanation of his failure to produce the fishing licence at that time; and

(b) within 5 days thereafter, and in accordance with any reasonable requirement then communicated to him by the authorised person, produces to the authorised person or to any other person designated by him—

Metrication
12. —(1) In section 37(1) of the 1952 Act (mesh of nets for the taking of salmon)—

(a) for the words "one and three-quarter inches" there shall be substituted the words "4.5 centimetres";

(b) for the words "seven inches" there shall be substituted the words "18 centimetres".

(2) In section 38(1) for the words "half a mile" (where they twice occur) there shall be substituted the words "805 metres".

Use of nets across rivers
13. In section 38 of the 1952 Act (use of salmon nets near mouths of rivers) for subsection (2) there shall be substituted—

" (2) If a person—

he shall be guilty of an offence against this Act.".

Reinstatement of polluted waters
14. In section 41 of the 1952 Act (penalty for pollution)—

(a) in subsection (3)(i) for "restocking to restore the fish population" there shall be substituted "reinstatement";

(b) in subsection (4) for "the Arbitration Act (Northern Ireland) 1937" there shall be substituted "Part I of the Arbitration Act 1996";

(c) in subsections (4)(a) and (5) for "restocking" there shall be substituted "reinstatement".

Use of certain devices to take fish
15. —(1) In section 42 of the 1952 Act (penalty for using, etc., certain devices for taking fish) for subsection (1) there shall be substituted—

" (1) If, for the purpose of taking or facilitating the taking of any fish, any person uses or has in his possession or control, in any river or on or near the banks thereof—

he shall be guilty of an offence against this Act.".

(2) In subsection (3)(a) and (b) of that section the words "gaff or" shall cease to have effect.

(3) After subsection (3) of that section there shall be inserted—

" (3A) If any person throws, releases or discharges any missile or other object into any water for the purpose of taking or killing, or facilitating the taking or killing of, any fish, he shall be guilty of an offence and liable—

(4) At the end of that section there shall be added—

" (5) In this section—

"gaff" means a hooked instrument (with or without a barb) used to penetrate the gills or body of a fish; and

"otter" means an otter lath or jack, and includes any instrument, whether used with a handline, or as an auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise.".

Fishing by cross lines
16. Section 43 of the 1952 Act (fishing for salmon or trout by cross lines) shall be renumbered as subsection (1) of that section and after that subsection there shall be added—

" (2) In subsection (1) "cross lines" means fishing lines—

Taking fish unlawfully killed or found dead
17. In section 45 of the 1952 Act (taking fish unlawfully killed or found dead)—

(a) in subsection (2)—

" or

(b) after subsection (2) there shall be added—

" (3) Where a person mentioned in subsection (2)(a), (c), (d) or (e) removes fish from a river as mentioned in subsection (1) or causes fish to be so removed, he shall inform the Commission of that fact as soon as is practicable.".

Taking, etc., spawn, smolts or fry of salmon or trout
18. Section 46 of the 1952 Act (taking, etc., spawn, smolts or fry of salmon or trout) shall be renumbered as subsection (1) of that section and after that subsection there shall be added—

" (2) It shall be a defence for a person charged with an offence under subsection (1)(a) in relation to the spawn of any salmon or trout to prove—

(b) that he believed on reasonable grounds that it had been so produced.

(3) If any person removes any material from the bed of the freshwater portion of any river in the Londonderry Area or the Newry Area—

he shall be guilty of an offence against this Act.

(4) The Commission may, on the application of any person, grant its consent to the removal of material from the bed of the freshwater portion of a river on such conditions as it thinks fit.

(5) Where the Commission—

the person who applied for the consent may appeal to the Water Appeals Commission for Northern Ireland against the decision within 28 days from the day on which notice of the decision was given to that person.

    (6) In relation to the jurisdiction of the Water Appeals Commission for Northern Ireland under this section, Article 293 of the Water and Sewerage Services (Northern Ireland) Order 2006 shall have effect as if, in paragraphs (6) to (8) of that Article, references to the relevant Department were references to the Foyle, Carlingford and Irish Lights Commission.

    (7) A consent under subsection (4) does not confer on any person a right to remove material from the bed of a river which (apart from this section) he would not otherwise have.

    (8) Nothing done under and in accordance with the conditions of a consent under subsection (4) constitutes an offence under subsection (1) or section 47.".

Officers of the Commission
     19. —(1) In section 53 of the 1952 Act (definitions), in the definition of "officer of the Commission", for "river watcher" there shall be substituted "fishery officer".

    (2) In section 54(1)(b) of the 1952 Act (appointment of inspectors and river watchers) for "river watcher" there shall be substituted "fishery officer".

River watchers
     20. —(1) In section 55 of the 1952 Act (appointment of river watchers) for subsections (2) to (4) there shall be substituted—

    " (2) A person appointed to be a river watcher shall not act in that capacity until his appointment is confirmed by the appropriate court.

    (3) A person may apply to the appropriate court for confirmation of the appointment of a person as a river watcher and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to any such application as if it were an application referred to in Article 76(1)(b) of that Order.

    (4) The confirmation of the appointment of a person as a river watcher shall be effected by the resident magistrate endorsing the instrument of appointment.

    (5) The appropriate court may, upon complaint made to it, revoke the appointment of a river watcher and thereupon the appointment shall be terminated.

    (6) Where a person who has appointed a river watcher revokes that appointment, he shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions.

    (7) Where—

the clerk of petty sessions shall notify the Commission of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.

    (8) Any person who appoints another person to act as a river watcher shall, not later than 31st January in each year, make a return to the Commission in such form and containing such information as may be prescribed.

    (9) The Commission shall maintain a register containing the names and addresses of those who are entitled to act as river watchers and descriptions of the geographical areas in which they are entitled to act.

    (10) If any person—

he shall be guilty of an offence against this Act.

(11) In this section and sections 55A and 55B "the appropriate court", in relation to a river watcher, means a court of summary jurisdiction sitting for the petty sessions district (or any one such district where there is more than one) within which the river watcher is appointed to act and "clerk of petty sessions" shall be construed accordingly.".

(2) After section 55 of the 1952 Act there shall be inserted—

" Duration of appointment of river watchers

55A.

—(1) Any person whose appointment as a river watcher is confirmed after the coming into operation of Article 20 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 shall, unless his appointment is renewed under section 55B, cease to be a river watcher on the expiration of 5 years from the date of that confirmation.

(2) Any person whose appointment as a river watcher was confirmed before the coming into operation of that Article shall, unless his appointment is renewed under section 55B, cease to be a river watcher—

whichever is the later.

(3) A person who ceases by virtue of this section to be a river watcher may be re-appointed as such under section 55.

Renewal of appointment as river watcher
55B. —(1) Where a person ("the applicant") intends to renew the appointment of a river watcher, he shall, not less than 6 weeks before the date on which the appointment is to cease to have effect, serve a notice, in such form and containing such particulars as may be prescribed, on—

(a) the clerk of petty sessions; and

(b) the Commission.

    (2) Where the Commission objects to the renewal of the appointment of a river watcher, it shall, within 21 days of receiving a notice under subsection (1), notify the applicant and the clerk of petty sessions of its objection and of the grounds thereof.

    (3) Where, within the time specified in subsection (2), the clerk of petty sessions has received no notice of an objection under that subsection, he shall confirm the appointment and endorse the instrument of appointment to that effect.

    (4) Where the Commission notifies the applicant that there is an objection to the renewal of the appointment, the applicant may apply to the appropriate court for confirmation of the renewal of the appointment and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to any such application as if it were an application referred to in Article 76(1)(b) of that Order.

    (5) The confirmation of the renewal of the appointment of a person as a river watcher pursuant to an application under subsection (4) shall be effected by the resident magistrate endorsing the instrument of appointment.

    (6) Where the appointment of a person as a river watcher has been renewed under this section, the clerk of petty sessions shall notify the Commission of that renewal as soon as practicable.".

Seizure and disposal of certain articles
21. —(1) In section 58(1) of the 1952 Act (powers of authorised persons) after paragraph (f) there shall be inserted—

(2) In section 64 of the 1952 Act (procedure for disposal of boat or fishing engine)—

(a) for the words from the beginning to "any boat or fishing engine, he shall" there shall be substituted

" Where a person seizes in Northern Ireland—

he shall";

(b) in paragraphs (a) and (c) for "had been" there shall be substituted "had recently been";

(c) after paragraph (c) there shall be inserted—

(d) in paragraph (d) for "or fishing engine" there shall be substituted ", fishing engine or equipment".

Powers of authorised persons
22. In section 58 of the 1952 Act (powers of authorised persons) after subsection (1) there shall be inserted—

" (1A) An officer of the Commission exercising any power under this Act may be accompanied and assisted by—

    (1B) Without prejudice to subsection (1)(a), an authorised person other than a private river watcher may for the purpose of preventing or detecting the commission of any offence against any provision of this Act at any time enter on and traverse any land either on foot or, where there is a suitable roadway, lane or path, in a motor vehicle.

    (1C) Where by virtue of subsection (1B) an authorised person brings a motor vehicle onto any land, he shall not cause or permit that vehicle to stand or remain in such a position as to cause or be likely to cause any danger or obstruction.

    (1D) An authorised person, on leaving any land which he has entered by virtue of this section, shall leave that land as effectually secured against trespassers as he found it.".

Warrants to enter certain premises
23. For section 59 of the 1952 Act (warrants) there shall be substituted—

" Power of lay magistrate to grant warrant to enter certain premises

59.

—(1) If a lay magistrate is satisfied by complaint on oath that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an authorised person to enter any premises, if necessary using reasonable force, for any of the purposes mentioned in section 63(1).

(2) The complaint shall include—

(3) The first condition is that there are reasonable grounds for an authorised person to enter the premises for that purpose.

(4) The second condition is that each of the following applies to the occupier of the premises—

(5) The third condition is that—

    (6) A warrant issued under this section shall not continue in force for more than 7 days from the date of its issue by the lay magistrate, which date shall be clearly visible on the warrant.

    (7) A warrant issued under this section shall be executed only at a reasonable hour unless otherwise authorised by the warrant.

    (8) A person authorised to enter premises by virtue of a warrant issued under this section—

(9) In this section "authorised person" does not include a private river watcher.".

Apprehension of offenders
24. —(1) In section 61 of the 1952 Act (apprehension of offenders), in subsection (1)(b), after "name and address" there shall be inserted "to the satisfaction of the authorised person".

(2) For subsection (2) of that section there shall be substituted—

" (2) If any person fails to give his name and address to the satisfaction of an authorised person when required to do so in accordance with subsection (1)(b), he shall be guilty of an offence against this Act.".

(3) Subsection (3) of that section shall cease to have effect.

Powers of inspection, examination and detention
25. In section 63 of the 1952 Act (powers of inspection, examination and detention)—

(a) in subsection (1)—

(b) in subsection (5) after "his own name and address" there shall be inserted "and date of birth to the satisfaction of the authorised officer";

(c) after subsection (5) there shall be inserted—

" (6) Nothing in this section shall be construed as authorising an authorised officer to enter—

Penalties for offences
26. —(1) In section 41 of the 1952 Act (penalty for pollution), subsection (1A) shall cease to have effect.

(2) In section 68 of the 1952 Act (penalties for offences)—

(a) in subsection (1), the words from "and, in the case of a continuing offence" to the end of that subsection shall cease to have effect;

(b) subsection (2) shall cease to have effect.

Exemption for acts done for improvement of fisheries, etc.
27. For section 69 of the 1952 Act (saving for acts done for improvement of the fisheries) there shall be substituted—

" Saving for acts done for artificial propagation, scientific purposes or improvement of the fisheries

69.

—(1) Nothing in this Act shall prohibit anything done for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement of any fishery—

(2) The Commission may, by permit in writing and subject to any specified conditions, authorise any named person to do, at any season of the year, any specified things for any of the purposes mentioned in subsection (1) and in particular, without prejudice to the generality of the foregoing—

    (3) A permit under this section shall not authorise anything to be done in relation to a several fishery otherwise than with the consent of the owner of that fishery.

    (4) A person to whom a permit has been given by the Commission shall, if when doing anything pursuant to the permit he is so requested by an authorised person, produce the permit to that person.

    (5) In this section "specified" means specified in a permit.".

Forfeiture of boats, fishing engines, etc.
28. —(1) In section 75 of the 1952 Act (forfeiture), for the words from "any fish" to the end of that section there shall be substituted

" the court by which he is convicted may make such other order as to the forfeiture of—

as the court thinks fit.".

(2) Section 76 of the 1952 Act (recording of forfeiture) shall cease to have effect.

Enforcement of private fishing rights
29. Paragraph 2 of the Third Schedule to the 1952 Act (powers of the Commission) shall be renumbered as sub-paragraph (1) of that paragraph and—

(a) at the end of that sub-paragraph there shall be added—

(b) after that sub-paragraph there shall be added—

" (2) Section 168(1) of the Fisheries Act (Northern Ireland) 1966 shall not apply in any case where the fishing rights in question are rights of an owner or occupier of land or waters with whom the Commission has entered into an agreement under sub-paragraph (1)(e).".

Powers to manage the Londonderry fishery
30. —(1) In the Third Schedule to the 1952 Act in paragraph 3(1) for "during the transitional period" there shall be substituted "during the period mentioned in sub-paragraph (2)".

(2) In that Schedule for sub-paragraph (2) of paragraph 3 there shall be substituted—

" (2) The period referred to in sub-paragraph (1) is the period beginning on the establishment date and ending on such date as the Department and the Minister may jointly direct.".

Calculation of time periods
31. After section 81 of the 1952 Act, there shall be inserted—

" Calculation of time periods

82.

—(1) In this Act, or any regulations made under this Act, where a period of time is expressed to begin on, or be reckoned from, a particular day, that day shall not be included in the period.

    (2) In this Act, or any regulations made under this Act, where a period of time is expressed to end on, or to be reckoned to, a particular day, that day shall be included in the period.

    (3) In this Act, or any regulations made under this Act, where the time limited for the doing of anything expires on a Saturday, Sunday or a public holiday, the time so limited shall extend to and the thing may be done on the first following day that is not a Saturday, Sunday or a public holiday.

    (4) Where any document or notice is received by the Commission or the Appeals Board outside the business hours of the Commission, or as the case may be, the Appeals Board, the document or notice shall be deemed to have been received on the first following day which is not a Saturday, Sunday or public holiday.

    (5) In subsections (3) and (4)—

(6) Subsections (2), (3), (4) and (8) of section 39 of the Interpretation Act (Northern Ireland) 1954 shall not apply to this Act.".

PART IV
SUPPLEMENTAL
Penalties
32. Nothing in any provision of this Order affects the punishment for an offence committed before the coming into operation of that provision.

Further provision
33. —(1) The Department may by order make such supplementary, incidental or consequential provision as it thinks appropriate—

    (2) The Department may by order make such transitional or transitory provisions and savings as it considers appropriate in connection with any provision made by an order under paragraph (1).

    (3) An order under this Article may modify any statutory provision.

    (4) In paragraph (3), "modify" includes amend or repeal.

    (5) An order under this Article shall be subject to negative resolution.

    (6) The powers conferred by this Article are not restricted by any other provision of this Order.

Amendments and repeals
     34. —(1) The statutory provisions mentioned in Schedule 2 shall have effect with the amendments specified there.

    (2) Subject to any savings or transitional provisions made by or under this Order, the statutory provisions mentioned in Schedule 3 are repealed to the extent specified there.

Christine Cook
Deputy Clerk of the Privy Council

SCHEDULES

SCHEDULE 1Article 3(2).

PROVISIONS TO BE INSERTED AS SCHEDULE 3A AND SCHEDULE 3B TO THE 1952 ACT

" SCHEDULE 3A

FOYLE AND CARLINGFORD AQUACULTURE LICENSING APPEALS BOARD

Incorporation
     1. —(1) The Appeals Board shall have the legal capacities of a body corporate.

    (2) The Appeals Board shall have the power to acquire, hold and dispose of land or other property.

    (3) The Appeals Board shall not acquire, hold or dispose of land without the consent of NSMC and the Finance Departments.

    (4) Judicial notice shall be taken of the seal of the Appeals Board.

Membership
     2. —(1) Subject to the provisions of this paragraph, the remuneration, allowances and expenses of the Chairperson and other members of the Appeals Board, and any other terms and conditions on which they hold office, shall be determined by NSMC with the approval of the Finance Departments.

    (2) A member of the Appeals Board shall hold office for such period as may be determined by NSMC.

    (3) A person may resign as a member or Chairperson of the Appeals Board by notice in writing to NSMC.

    (4) NSMC may dismiss a person from his office as a member or as Chairperson of the Appeals Board, if—

    (5) If a member of the Appeals Board dies, resigns or is removed from office, NSMC may appoint a person to fill the vacancy, and the person so appointed shall be appointed in the same manner as the member who occasioned the vacancy.

    (6) A person appointed under sub-paragraph (5) shall hold office for such period as may be determined by NSMC.

    (7) In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices) there shall be inserted at the appropriate place in alphabetical order—

" Member of the Foyle and Carlingford Aquaculture Licensing Appeals Board.".

Staffing
3. —(1) The Appeals Board may for the purposes of its functions, with the approval of NSMC—

(2) The Appeals Board shall, with the approval of NSMC and the Finance Departments, determine the remuneration, grading, numbers and terms and conditions of service of staff employed by the Board.

(3) The Appeals Board may, in the case of such of its staff as may be determined by it with the approval of NSMC and the Finance Departments, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.

Procedure
4. At a meeting of the Appeals Board—

5. The seal of the Appeals Board shall, when applied to a document, be authenticated by the signature of the Chairperson or other member authorised by the Appeals Board to act for that purpose.

Code of conduct
     6. —(1) The Appeals Board shall, as soon as practicable, draw up a code of conduct for approval by NSMC.

    (2) Without prejudice to sub-paragraph (1), the code shall cover the obligations of the Appeals Board to the public and the accountability and conduct of its members and staff (including membership of, or employment by, other organisations, acceptance of gifts or other benefits and the disclosure of other interests relevant to the work of the Appeals Board and confidentiality).

Accounts
     7. —(1) The Appeals Board shall, in such form as may be determined by NSMC, keep proper accounts and financial records and shall prepare a statement of accounts in respect of each year containing such information and in such form as NSMC may direct.

    (2) The Appeals Board shall submit copies of the statement prepared in pursuance of sub-paragraph (1) to—

    (3) The statement prepared under sub-paragraph (1) shall be laid before the Assembly.

    (4) Any report concerning the Appeals Board by the Comptroller and Auditor General for Northern Ireland and the Irish Comptroller and Auditor General shall be laid before the Assembly.

    (5) The Appeals Board shall permit officers of the Comptroller and Auditor General for Northern Ireland access to all records as may be required to carry out the above functions.

Annual report
     8. —(1) The Appeals Board shall submit a report on its activities in each year to NSMC at such date and in such form as NSMC may direct.

    (2) A copy of the report submitted under sub-paragraph (1) shall be laid before the Assembly.

Interpretation
     9. In this Schedule, "the Finance Departments" means the Northern Ireland Department of Finance and Personnel and the Irish Department of Finance.

SCHEDULE 3B

PROCEDURE IN RELATION TO APPEALS

Notice of appeal
1. —(1) A notice of appeal shall—

(d) be accompanied by such fee (if any) as may be prescribed.

    (2) If the appellant wishes to request confidential treatment for any part of his appeal, he shall indicate in the notice of appeal, or within 14 days of sending it to the Appeals Board, the relevant passages or documents, together with the reasons for the request, and, if so directed by the Appeals Board, supply a non-confidential version of the notice of appeal.

    (3) There shall be annexed to the notice of appeal a copy of every document on which the appellant intends to rely.

     2. —(1) If the Appeals Board considers that the notice of appeal does not comply with paragraph 1, or is incomplete, or is lacking in clarity, the Appeals Board may give such directions as may be necessary to ensure that the notice of appeal is put in order and dealt with justly.

    (2) The Appeals Board may, if satisfied that the efficient conduct of the proceedings so require, defer service of the notice of appeal on the Commission until after the directions referred to in sub-paragraph (1) have been complied with.

     3. —(1) The Appeals Board may strike out a notice of appeal at any stage in the proceedings if—

(b) the notice of appeal does not comply with paragraph 1 in a substantial respect, and the appellant has not remedied the defect pursuant to a direction under paragraph 2(1); or

(c) the appellant fails to comply with a direction of the Appeals Board.

    (2) Where the Appeals Board strikes out a notice of appeal it may make any consequential order it considers appropriate.

     4. —(1) The appellant may amend the notice of appeal only with the permission of the Appeals Board.

    (2) Where the Appeals Board grants permission under sub-paragraph (1) it may do so on such terms as it thinks fit, and shall give such further or consequential directions as may be necessary.

    (3) The Appeals Board shall not grant permission to amend the notice of appeal in order to add a new ground for contesting the decision unless—

Withdrawal of appeal

5. —(1) The appellant may withdraw his appeal only with the permission of the Appeals Board.

(2) Where the Appeals Board gives permission under sub-paragraph (1) it may—

Response to notice of appeal

6. On receiving a notice of appeal the Appeals Board shall—

7. —(1) The Commission shall send a response to the Appeals Board in the form required by this paragraph so that the response is received within six weeks, or such further time as the Appeals Board may allow, of the date on which the Commission received a copy of the notice of appeal sent in accordance with paragraph 6(b).

(2) The response shall contain—

    (3) On receiving the response, the Appeals Board shall send a copy of the response to the appellant.

     8. If the Commission wishes to request confidential treatment for any part of its response, it shall indicate in the response, or within 14 days of sending it to the Appeals Board, the relevant passages or documents, together with the reasons for the request, and, if so directed by the Appeals Board, supply a non-confidential version of the response.

     9. —(1) If the Appeals Board considers that the response does not comply with paragraph 7, or is incomplete, or is lacking in clarity, the Appeals Board may give such directions as may be necessary to ensure that the response is put in order and dealt with justly.

    (2) The Appeals Board may, if satisfied that the efficient conduct of the proceedings so require, defer service of the response on the appellant until after the directions referred to in sub-paragraph (1) have been complied with.

     10. —(1) The Appeals Board may, after hearing the parties, strike out the response at any stage in the proceedings if—

    (2) When the Appeals Board strikes out a response it may make any consequential order it considers appropriate.

     11. —(1) The Commission may amend the response only with the permission of the Appeals Board.

    (2) Where the Appeals Board grants permission under sub-paragraph (1) it may do so on such terms as it thinks fit, and shall give such further or consequential directions as may be necessary.

    (3) The Appeals Board shall not grant permission to amend the response in order to add a new ground for contesting the decision unless—

Consolidation, location and conduct of proceedings

     12. —(1) Where two or more notices of appeal have been received in respect of the same decision or which involve the same or similar issues, the Appeals Board may, on the request of a party or of its own motion, direct that the appeals or any particular issue or matter raised in the notices of appeal be consolidated or heard together.

    (2) Before giving a direction under this paragraph, the Appeals Board shall invite the parties to the relevant proceedings to submit their observations on the consolidation of the proceedings.

     13. The Appeals Board may hold any meeting or hearing or give any directions in such place as it thinks fit having regard to the just, expeditious and economical conduct of the proceedings.

Directions and witnesses
14. —(1) The Appeals Board may at any time, on the request of a party or of its own motion, give such directions as are provided for in sub-paragraph (2) or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the proceedings.

(2) The Appeals Board may give directions—

(3) The Appeals Board may, in particular, of its own motion—

(4) A request by a party for directions shall be made, as far as practicable, in the notice of appeal or response.

(5) A request for directions made otherwise than in the notice of appeal or response shall be made in writing and shall be—

15. —(1) Subject to sub-paragraphs (2) and (3), the Appeals Board may at any time, either of its own motion or on the request of any party, issue a summons, requiring any person to do one or both of the following—

(2) A request by a party for the issue of a summons under this paragraph shall specify—

(3) No person may be required to attend in compliance with a summons under this paragraph unless—

(4) The Appeals Board may make the summoning of a witness on the request of a party conditional upon the deposit with the Appeals Board of a sum determined by the Appeals Board as sufficient to cover—

(5) The Appeals Board shall advance the funds necessary in connection with the examination of any witnesses summoned by the Appeals Board on its own motion.

(6) If any person—

he shall be guilty of an offence under this paragraph and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

16. If any party fails to comply with any direction given in accordance with this Schedule, the Appeals Board may, if it considers that the justice of the case so requires, order that such party be debarred from taking any further part in the proceedings without the permission of the Appeals Board.

Oral hearing to be in public
     17. Any oral hearing shall be in public except for any part of the hearing where the Appeals Board is satisfied that it will be considering information which is, in its opinion, confidential information.

Decision of the Board
     18. —(1) The decision of the Appeals Board shall be delivered in such manner as may be determined by the Board.

    (2) The Appeals Board shall send a copy of the decision to each party to the appeal.".

SCHEDULE 2Article 34(1)

AMENDMENTS

The Foyle Fisheries Act (Northern Ireland) 1952 (c. 5)
     1. —(1) In section 2(1), in the definition of "prescribed", after ""prescribed"" insert ", except in Part VIA,".

    (2) In section 13(1)(g), for "licences" substitute "fishing licences".

    (3) In section 13(1)(k) after "Act" insert ", except in Part VIA,".

    (4) In section 13(2) for "licence" substitute "fishing licence".

    (5) In section 34(4), in paragraph (c) for "licence", where that word twice occurs, substitute "fishing licence".

    (6) In section 39(3), for "licence" substitute "fishing licence".

    (7) In section 74, for "licence" wherever that word occurs, substitute "fishing licence".

The Fisheries Act (Northern Ireland) 1966
     2. —(1) In section 11(3), for "section 111" substitute "section 111 or regulations made under section 26(1)(jj)".

    (2) In section 11B(2), omit paragraph (b) and the words "and the Foyle Fisheries Commission".

    (3) In section 15(1) after "Londonderry Area" insert "or the Newry Area".

    (4) In section 16(1)(f) after "Londonderry Area" insert "or the Newry Area".

    (5) In section 26, in subsection (1) after paragraph (j) insert—

(6) In section 41—

(7) Section 45 is renumbered as subsection (1) of that section and after that subsection add—

    (8) In section 108(1)(c) after "Londonderry Area" insert "or the Newry Area".

    (9) In section 110, subsection (4) ceases to have effect.

    (10) In section 124, after subsection (1) insert—

(11) In section 179—

    (12) In section 203(1)(a) after "Londonderry Area" insert "or the Newry Area".

    (13) In section 206(1), in the definition of "fishing licence" after "fishing licence" insert ", except in sections 41, 45 and 179,".

    (14) In section 212—

The Diseases of Fish Act (Northern Ireland) 1967
3. —(1) In section 2(1)—

" if that area or part of that area is within the Londonderry Area or the Newry Area, an inspector or fishery officer appointed by and acting on behalf of the Foyle, Carlingford and Irish Lights Commission;".

(2) In section 8, at the appropriate place in alphabetical order insert—

" "the Newry Area" has the meaning assigned to it by section 2(1) of the Foyle Fisheries Act (Northern Ireland) 1952;".

The Fish Industry Act (Northern Ireland) 1972
4. In section 1 at the end of subsection (2) insert "or an aquaculture licence is in force under section 52A of the Foyle Fisheries Act (Northern Ireland) 1952".

The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985
5. In Article 20(6)—

(b) head (e) ceases to have effect.

The Electricity (Northern Ireland) Order 1992

6. In paragraph 8 of Schedule 5—

(b) in sub-paragraph (c) for "that Area" substitute "those Areas".

SCHEDULE 3Article 34.(2)

REPEALS

Short Title	Extent of repeal
The Foyle Fisheries Act (Northern Ireland) 1952 (c. 5).	In section 2(1) the definition of "fish" Section 13(1)(f). Section 13(5A) and (5B). Section 34(4). Section 41(1A). In section 42(3)(a) and (b) the words "gaff or". In section 61, subsection (3). In section 68, in subsection (1), the words from "and, in the case of a continuing offence" to the end of that subsection. In section 68, subsection (2). Section 76.In the Third Schedule, in head (c) of paragraph 2 the words "for the government, management, maintenance or improvement of the fisheries of the Foyle Area or the Carlingford Area".
The Foyle Fisheries (Amendment) Act (Northern Ireland) 1962 (c. 5).	Section 8.
The Fisheries Act (Northern Ireland) 1966 (c. 17).	In section 11B(2), paragraph (b) and the words "and the Foyle Fisheries Commission". Section 110(4).
The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1).	Article 20(6)(e).
The Fisheries (Amendment) (Northern Ireland) Order 1991 (NI 13).	In Schedule 2, paragraph 1.
The Criminal Justice (Northern Ireland) Order 1994 (NI 15).	Article 10(1)(b).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Foyle Fisheries Act (Northern Ireland) 1952. The principal amendments—

The Order also makes miscellaneous amendments to the Fisheries Act (Northern Ireland) 1966 and other statutory provisions relating to fisheries.

Explanatory Memorandum

ISBN 978 0 11 0 80080 6

Prepared 2 April 2007

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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 No. 915 (N.I. 9) URL: http://www.bailii.org/uk/legis/num_reg/2007/20070915.html