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FISH INDUSTRY ACT (NORTHERN IRELAND) 1972

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - LONG TITLE

An Act to make provision for financial aid towards expenditure for
purposes of the fish industry, to enable the investment of public
money in the fish industry and for purposes connected therewith.
[22nd February 1972]
Grants in relation to fish farming.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 1

1.(1) The Ministry may in accordance with a scheme make, to any
person carrying on or proposing to carry on the business of fish
farming, a grant or loan towards the approved expenditure incurred
by that person for the purposes of that business and, in
particular,

(a)for the purpose of carrying out any excavations in connection
with that business; or

(b)for the purpose of

(i)providing any buildings, roads, water supply, cool or cold storage
facilities or other fixed equipment or facilities, or

[(ii)forming or developing a shell-fish fishery, or]

<(iii)providing boats and equipment for use with such boats,

(b)for use in connection with that business.

(2) For the purposes of this section, the business of fish farming
means an undertaking involving the hatching, breeding, rearing,
harvesting or marketing of fish for the purposes of sport or human
consumption for which a fish culture licence is in force under
section 11 of the Fisheries Act (Northern Ireland) 1966.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 2
Grants for purposes connected with co-operative activities.

2.(1) Subject to subsection (3), the Ministry may in accordance with
a scheme make, to any body of persons carrying on or proposing to
carry on a co-operative enterprise in the fishing industry, a grant
towards the approved expenditure incurred by that body for the
purposes of that enterprise and, in particular,

(a)for the purpose of

(i)providing any buildings, or

(ii)providing any vehicle constructed or adapted for the conveyance
or haulage of loads in or about private premises,

(a)for use in connection with that enterprise; or

(b)for the purpose of

(i)the administration of the enterprise, including the provision of
training for persons in connection with such administration; or

(ii)making arrangements for the marketing of fish or fish products
on behalf of persons participating in the enterprise.

(2) For the purposes of this section, a co-operative enterprise in
the fish industry means an enterprise for the carrying out of
proposals designed to organise, promote, encourage, develop or
co-ordinate any form of co-operation in the fishing industry,
including co-operation and mutual assistance in production, storage,
preparation for market (including processing), marketing, transport,
the provision of buildings, equipment and services for fishermen,
research and other incidental activities.

(3) No grants shall be made in pursuance of a scheme under this
section to any body in connection with any enterprise if the body
is not registered under the Industrial and Provident Societies Act
(Northern Ireland) 1969 at the time when the grant would, but for
this subsection, become payable.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 3
Grants in relation to fish processing.

3. The Ministry may in accordance with a scheme make, to any
person carrying on or proposing to carry on the business of fish
processing, a grant towards the approved expenditure incurred by that
person for the purposes of that business and, in particular,

(a)for the purpose of

(i)providing any buildings, water supply, cool or cold storage
facilities or other fixed equipment or facilities, or

(ii)providing any vehicle constructed or adapted for the conveyance
or haulage of loads in or about private premises,

(a)for use in connection with that business; or

(b)for the purpose of making arrangements for the marketing of fish
or fish products in connection with that business.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 4
Grants in relation to fish markets.

4. The Ministry may in accordance with a scheme make, to any
person owning or operating or proposing to own or operate the
business of a fish market, a grant towards the approved expenditure
incurred by that person for the purposes of that business and, in
particular,

(a)for the purpose of

(i)providing any building or facilities, or

(ii)providing any vehicle constructed or adapted for the conveyance
or haulage of loads in or about private premises,

(a)for use in connection with that business; or

(b)for the purpose of making arrangements for the marketing of fish
or fish products in connection with that business.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 5
Grants in relation to fishing in particular areas and for particular
species of fish.

5.(1) For the purpose of encouraging fishing in particular areas or
for particular species of fish the Ministry may, by order made with
the approval of the Ministry of Finance, provide for

(a)the payment by the Ministry of grants of such amounts to, or in
respect of, such persons under such terms and conditions and in
such circumstances as may be specified in the order;

(b)the repayment and recovery of grants in such circumstances and in
such manner as may be so specified;

(2) Where an order under this section specifies circumstances such
as are mentioned in subsection (1)(a) by reference to a particular
area any such area may be described by reference to a map, either
with or without descriptive matter (which, in the case of any
discrepancy with the map, shall prevail except in so far as may
otherwise be provided by the order).

(3) An order under this section shall be subject to affirmative
resolution.

(4) Before a motion is made for the affirmation of an order under
this section, the Ministry shall deposit with the Clerk of the
Parliaments a copy of any map prepared under subsection (2).

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 6
Schemes.

6. A scheme made under this Act

(a)shall be made by the Ministry with the approval of the Ministry
of Finance;

Para.(b) rep. by 1979 NI 12 art.11(2) sch.5

(c)shall be subject to affirmative resolution;

(d)shall specify

(i)the amounts of any grants or loans to be made under the scheme
or the manner in which any such amount is to be computed;

(ii)the terms and conditions under which any grant or loan is to
be made;

<(iii)in the case where the scheme makes provision for the making of a loan, the security for the loan;

(e)shall provide for the avoidance of double payments where a person
is entitled under any other statutory provision to a payment for a
purpose similar to the purpose mentioned in the scheme;

(f)may provide for the repayment and recovery of grants or loans in
such circumstances and in such manner as may be specified in or
under the scheme;

(g)without prejudice to section 17(2) of the Interpretation Act
(Northern Ireland) 1954, may be revoked by an order made by the
Ministry subject to negative resolution.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 7
Conditions.

7.(1) Without prejudice to section 6(d)(iii), in making a grant or
loan in accordance with a scheme or under an order under this Act
the Ministry shall impose such conditions as it thinks fit; and,
without prejudice to sections 5(1)(b) and 6(f), such conditions may
include (in the case of a grant) conditions for repayment in
specified circumstances.

(2) The Ministry may by notice require any person who has received
a grant or loan in accordance with a scheme or under an order
under this Act, and any person acting on his behalf, to furnish to
the Ministry such information, or to produce for examination on
behalf of the Ministry such books, records or other documents, as
may be specified in the notice for the purpose of enabling the
Ministry to determine whether any condition subject to which the
grant or loan is made is satisfied or is being complied with or
whether the grant has become repayable in whole or in part, or the
loan has become repayable on terms other than the terms on which
it would otherwise have been repayable, in accordance with any such
condition.

(3) Subject to subsection (4), a notice under subsection (2) may
require the information to which it relates to be furnished within
such time as may be specified in the notice, and may require the
documents to which it relates to be produced at such time and
place as may be so specified.

(4) The time specified in a notice under subsection (2) for
furnishing any information or producing any document shall not be
earlier than the end of the period of twenty-eight days beginning
with the service of the notice.

(5) Any person duly authorised in that behalf by the Ministry may
for the purposes mentioned in subsection (2), on production (if so
required) of written evidence of his authority, at all reasonable
times enter and inspect any premises where any equipment or facility
in respect of which a grant or loan in accordance with a scheme
under this Act has been made is, or in accordance with any
condition attached to the grant or loan should be, and require any
person appearing to him to have charge of those premises to produce
or identify the equipment or facility for inspection.

(6) Any person who in purported compliance with a notice under
subsection (2) knowingly or recklessly makes any statement or
produces any document which is false in a material particular shall
be guilty of an offence and shall be liable

(a)on summary conviction to a fine not exceeding [#500], or to
imprisonment for a term not exceeding three months, or to both;

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

(7) Any person who without reasonable excuse fails to comply with a
notice under subsection (2) shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding [#500].

(8) Any person who wilfully obstructs any person in the exercise of
a right of entry under subsection (5), or without reasonable excuse
fails to comply with a requirement under that subsection, shall be
guilty of an offence and shall be liable on summary conviction to
a fine not exceeding [#500].

(9) Any person who without reasonable excuse fails to comply with
any condition subject to which a grant or loan was made to him in
accordance with a scheme or under an order under this Act requiring
him to inform the Ministry of any event whereby the grant or loan
becomes repayable in whole or in part or the loan becomes repayable
on terms other than the terms on which it would have been
repayable if the event had not occurred shall be guilty of an
offence and shall be liable

[(a)on summary conviction to a fine not exceeding #500;

(b)on conviction on indictment to a fine not exceeding #2,000 or
three times the amount so repayable, whichever is the greater.]

Subs.(10)(11) rep. by 1980 NI 6 art.13 sch.2

S.8 amends ss.1, 2 of 1967 c.8 (NI)

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 9
Acquisition of businesses, etc., in the fish industry.

9.(1) The Ministry, subject to the approval of the Ministry of
Finance, may

(a)subscribe for, acquire, hold and dispose of shares in any
company, or the holding company of any company, or in any
industrial and provident society, carrying on a business or
enterprise in the fish industry;

(b)acquire, manage and dispose of, all or any part of, any business
in the fish industry.

(2) The Ministry may exercise in respect of any shares of a
company or society held by it under subsection (1)(a) all the
rights and powers of a holder of such shares and, where a right
or power is exercisable by attorney or nominee, exercise it by its
attorney or nominee and in respect of any such shares may do so
without prejudice to section 133 of the Companies Act (Northern
Ireland) 1960 or to the rules of the society.

(3) For the purpose of compliance with so much of any provision of
the Companies Act (Northern Ireland) 1960 or the Industrial and
Provident Societies Act (Northern Ireland) 1969 as requires that
there shall always be a minimum number of members of a company or
society, the Ministry may transfer to one or more than one nominee
shares held by it in a company or society under subsection (1)(a).

(4) Every such nominee shall hold his share in the company or
society upon trust for the Ministry and shall accordingly be bound
to pay all dividends and other money and hold all rights which he
receives in respect of the share to or for the Ministry for the
benefit of the Exchequer and to transfer, as and when required by
the Ministry, the share to the Ministry or another nominee of the
Ministry.

(5) In this section

"a business or enterprise in the fish industry" means a business or
enterprise involving the taking or marketing of fish or a business
or enterprise to which section 1, 2, 3 or 4 applies;

"company" means a company within the meaning of the Companies Act
(Northern Ireland) 1960 and also includes a company to which Part X
of that Act applies;

"holding company" has the same meaning as in the Companies Act
(Northern Ireland) 1960;

"industrial and provident society" means a society registered under
the Industrial and Provident Societies Act (Northern Ireland) 1969;

"shares" in relation to a company, includes stock;

S.10 rep. by SLR 1976

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 11
Interpretation.

11. In this Act

"approved expenditure", in relation to any grant or loan, means
expenditure approved by the Ministry for the purposes of the grant
or, as the case may be, the loan in pursuance of a scheme;

"fish" has the same meaning as in the Fisheries Act (Northern
Ireland) 1966;

"the Ministry" means the Ministry of Agriculture;

"processing", in relation to fish, includes preserving or preparing
fish, or producing any substance or article wholly or partly from
fish, by any method for human or animal consumption;

"products", in relation to fish, means anything produced by
processing the fish;

"scheme" means a scheme made in accordance with section 6;

"statutory provision" has the meaning assigned to it by section 1(f)
of the Interpretation Act (Northern Ireland) 1954.

FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 12
Short title.

12. This Act may be cited as the Fish Industry Act (Northern
Ireland) 1972.