[26th April 1949]

The Scottish Agricultural Wages Board and Agricultural Wages Committee

1 The Scottish Agricultural Wages Board.
(1) There shall be a Board, to be called the Scottish Agricultural Wages Board (in this Act referred to as “the Board”) which shall have, . . . , such functions with respect to the fixing of minimum rates of wages for workers employed in agriculture and of directing that such workers shall be entitled to be allowed holidays, and such other functions, as are conferred on the Board by the subsequent provisions of this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The provisions of the First Schedule to this Act shall have effect with respect to the constitution and proceedings of the Board.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wages and Holidays

3 Power of Scottish Agricultural Wages Board to fix rates of wages and holidays.
(1) Subject to and in accordance with the provisions of this section, the Board shall have power to make an order in accordance with the provisions of Schedule 3 to this Act—
(a) fixing minimum rates of wages;
(b) directing holidays to be allowed;
(c) fixing any other terms and conditions of employment for workers employed in agriculture.
(2) The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—
(a) fixing minimum rates for time work;
(b) fixing minimum rates for piece work;
(c) fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis; or
(d) fixing separate minimum rates by way of pay in respect of holidays:
Provided that the minimum time rate for piece work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.
(2A) It shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.
(2B) No minimum rate fixed under this section which is an hourly rate shall be less than the national minimum wage.
(2C) No minimum rate fixed under this section which is a rate other than an hourly rate shall be such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage.
(3) An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—
(a) shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of the holiday have been or are being fixed under this section for that worker;
(b) shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday; and
(c) subject as aforesaid, may make provisions as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.
(3A) An order under this section fixing separate minimum rates of wages in respect of holidays may make provision—
(a) with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and
(b) for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.
(4) Any such minimum rates of wages as are mentioned in subsection (2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.
In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.
(5) An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 3 to this Act) the original proposals to which effect is given, with or without modifications, by the order.
(6) Any increase in wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—
(a) in the case of a worker who is in the employment of the employer on that date, a period begining with that date;
(b) in the case of a worker who is no longer in the employment of the employer on that date, a period beginning with that date or the date on which the employer receives from the workers or a person acting on his behalf a request in writing for those wages, whichever is the later.
(7) Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment.
(8) If the Board makes, or purports to make, an order fixing a minimum rate under this section—
(a) which is an hourly rate but which is lower than the national minimum wage in force when that minimum rate comes into effect, or
(b) which is a rate other than an hourly rate but which is such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage in force when that minimum rate comes into effect,
the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage or, as the case may be, a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.
(9) If, at any time after a minimum rate which is an hourly rate comes into effect under this section, the national minimum wage becomes higher than that minimum rate, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage.
(10) If, at any time after a minimum rate other than an hourly rate comes into effect under this section, the national minimum wage is increased to such a level that that minimum rate yields a less amount of wages for each hour worked than the hourly amount of the national minimum wage, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.
(11) Subsections (8) to (10) of this section are without prejudice to the power of the Board to make further orders under this section fixing any minimum rates.
(12) Where an order under this section fixes any particular minimum rate of wages by reference to two or more component rates, of which—
(a) one is the principal component, and
(b) the other or others are supplemental or additional components,
(as in a case where the minimum rate for night work is fixed as the sum of the minimum rate payable in respect of work other than night work and a supplemental or additional minimum rate in respect of working at night) the national minimum wage provisions of this section apply in relation to the principal component rate and not the supplemental or additional component rates.
(13) The national minimum wage provisions of this section do not apply in relation to any minimum rate which is in the nature of an allowance payable in respect of some particular responsibility or circumstance (as in a case where a minimum rate is fixed in respect of being required to keep a dog).
(14) The national minimum wage provisions of this section do not apply in relation to any minimum rate fixed under this section—
(a) by virtue of subsection (2)(d) of this section, or
(b) by virtue of section 67 of the Agriculture Act 1967 (sick pay),
unless and to the extent that regulations under section 2 of the National Minimum Wage Act 1998 make provision which has the effect that circumstances or periods in respect of which the minimum rate in question is required to be paid to a worker are treated as circumstances in which, or times at which, a person is to be regarded as working.
(15) In this section “the national minimum wage provisions of this section” means subsections (2B), (2C) and (8) to (10) of this section.

3AEnforcement.
(1) The enforcement provisions of the National Minimum Wage Act 1998 shall have effect for the purposes of this Act as they have effect for the purposes of that Act, but with the modifications specified in subsection (3) of this section.
(2) In subsection (1) of this section “ the enforcement provisions of the National Minimum Wage Act 1998 ” means the following provisions of that Act—
(a) sections 9 to 11 (records);
(b) section 14 (powers of officers);
(c) sections 17 and 19 to 22 (enforcement of right to national minimum wage);
(d) sections 23 and 24 (right not to suffer detriment);
(e) section 28 (evidence: reversal of burden of proof in civil proceedings);
(f) sections 31, 32 and 33(4) and (5) (offences);
(g) section 48 (superior employees); and
(h) section 49 (restriction on contracting out).
(3) In the application of any provision of the National Minimum Wage Act 1998 by subsection (1) of this section—
(a) any reference to that Act, other than a reference to a specific provision of it, includes a reference to this Act;
(b) any reference to a worker (within the meaning of that Act) shall be taken as a reference to a worker employed in agriculture (within the meaning of this Act);
(c) any reference to a person (however described) who qualifies for the national minimum wage shall be taken as a reference to a worker employed in agriculture;
(d) subject to paragraph (c) of this subsection, any reference to the national minimum wage, other than a reference to the hourly amount of the national minimum wage, shall be taken as a reference to the minimum rate applicable under this Act;
(e) subject to paragraph (c) of this subsection, any reference to qualifying for the national minimum wage shall be taken as a reference to being entitled to the minimum rate applicable under this Act; and
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) In the application of section 17 of the National Minimum Wage Act 1998 by subsection (1) of this section–
(a) for subsection (2) there shall be substituted the following subsection–
“(2)That amount is the difference between–
(a) the remuneration received by the worker as a worker employed in agriculture for the pay reference period from his employer; and
(b) the amount which he would have received as a worker employed in agriculture for that period had he been remunerated by the employer at the minimum rate applicable under this Act;”
(b) subsection (3) shall be disregarded.
(4) In section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage) in subsection (1)(c)—
(a) any reference to a person qualifying for the national minimum wage includes a reference to a person being or becoming entitled to a minimum rate applicable under this Act; and
(b) any reference to a person qualifying for a particular rate of national minimum wage includes a reference to a person being or becoming entitled to a particular minimum rate applicable under this Act.
(5) Notwithstanding section 2(4) of the National Minimum Wage (Enforcement Notices) Act 2003, in subsection (2)(c) above, the reference to section 19 includes a reference to subsections (2A) and (2B) of that section.

4 Enforcement of holidays orders.
(1) Subject to the provisions of this Act, if an employer fails—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) to allow to any such worker the holidays fixed by the order or
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds . . ..
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In any proceedings against a person under this section it shall lie with him to prove that he . . . has allowed the holidays fixed by the order . . ..
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Permits to infirm and incapacitated persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Provisions as to learners.
(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) It shall not be lawful for the employer of a worker, being an apprentice or learner, who is employed in agriculture . . . to receive directly or indirectly from the worker, or on his behalf or on his account, a payment by way of premium unless the payment is duly made in pursuance of an agreement approved for the purposes of this subsection by the Secretary of State, and the amount of a payment received in contravention of this subsection shall be recoverable by the person by whom the payment was made.
(6) If an employer acts in contravention of the last preceding subsection, he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and in any proceedings against an employer under this subsection the court shall, whether there is a conviction or not, order the employer to repay any sum which the court finds to have been received by way of premium in contravention of the last preceding subsection.
(7) Nothing in the last preceding subsection shall be taken to exclude the bringing otherwise than in accordance with that subsection of proceedings for the recovery of an amount due under subsection (5) of this section.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Reckoning of benefits and advantages as payment of wages.
(1) The Board shall have power, . . . , by order made in accordance with the provisions of the Third Schedule to this Act—
(a) to define the benefits or advantages (not being benefits or advantages prohibited by law) which for the purposes of a minimum rate of wages fixed under this Act may be reckoned as payment of wages in lieu of payment in cash;
(b) to determine the value at which, for the purposes aforesaid, such benefits or advantages may be so reckoned;
(c) to limit or prohibit the reckoning for the purposes aforesaid of benefits or advantages as payment of wages in lieu of payment in cash.
(2) Subject to the provisions of any order under the preceding subsection, the court shall, in any proceedings under this Act, reckon as a payment of wages such amount as in the opinion of the court represents the value of any benefits or advantages (not being benefits or advantages prohibited by law) received by a worker under the terms of his employment.
(3) If the Secretary of State is satisfied, on an application in that behalf made by a worker employed in agriculture . . . or by his employer, that the value determined by an order or direction under this section for a house or part of a house occupied as a separate dwelling by the worker does not correspond with the true value thereof, the Secretary of State may, . . . , direct that the value of the house or part of a house is to be reckoned for the purposes of a minimum rate of wages fixed under this Act at such different amount as may be specified in the direction.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Provisions as to applications, &c., to agricultural wages committees.
(1) The procedure to be followed on or in connection with applications to the Secretary of State under section 5 or section 7 of this Act shall be such (if any) as may be prescribed.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Criminal liability of agents and special defence open to employer.
(1) Where an offence for which an employer is under section four or subsection (6) of section six of this Act liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer and either together with, or before or after the conviction of, the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable.
(2) Where an employer who is charged with an offence under section four or subsection (6) of section six of this Act proves to the satisfaction of the court that he has used due diligence to secure compliance with the relevant provisions of this Act, and that the offence was in fact committed by his agent or some other person, without his knowledge, consent or connivance, he shall, in the event of the conviction of that agent or other person for the offence, be exempt from any conviction in respect of the offence.

11 Avoidance of agreements in contravention of this Act and saving for other agreements, &c.
(1) Any such agreement as the following shall be void, that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an agreement as to holidays that is inconsistent with a direction of the Board in that behalf, or for abstaining from exercising the right to holidays conferred by any such direction.
(c) any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed.
(2) Nothing in this Act shall prejudice the operation of an agreement or custom for the payment of wages at a rate higher than the minimum rate fixed under this Act or an agreement or custom as to holidays that is not inconsistent with a direction of the Board in that behalf or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed.

Supplementary

12 Officers.
(1) The Secretary of State may, subject to the consent of the Treasury as to number, appoint such officers as he thinks necessary for the purpose of investigating complaints and otherwise securing the proper observance of this Act.
(2) Every officer appointed under this section shall be furnished by the Secretary of State with a certificate of his employment, and when acting under or exercising any power conferred upon him by this Act shall, if so required, produce the certificate to any person or persons affected.
(3) An officer so appointed shall have power—
(a) after giving reasonable notice, to require the production of and to inspect and take copies of wages sheets or other records of wages paid to workers employed in agriculture and records of terms and conditions of employment of such workers;
(b) to enter at all reasonable times any premises or place for the purpose of such inspection or for the enforcement of this Act, but in the case of a dwelling-house not without giving reasonable notice; and
(c) to require any such worker, or the employer of any such worker, or any agent of the employer, to give any information which it is in his power to give with respect to the employment of the worker or the wages paid to him.
(4) Where it appears to the Secretary of State—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) that a sum is due from an employer on account of the receipt of a premium in contravention of subsection (5) of section six of this Act;
the Secretary of State may institute, on behalf of or in the name of the worker, civil proceedings before any competent court of jurisdiction for the recovery of the sum in question, . . .
(4A) Where it appears to the Secretary of State that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the Secretary of State may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.
(4B) In any civil proceedings instituted by the Secretary of State by virtue of this section the court shall, if the Secretary of State is not a party to the proceedings, have the same power to make an order for the payment of expenses by the Secretary of State as if he were a party to the proceedings.
(5) Nothing in subsection (4) or (4A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections proceedings of any description mentioned in those subsections.
(6) If any person—
(a) hinders or molests an officer acting in the exercise of his powers under subsection (3) of this section; or
(b) refuses to produce any document or give any information which an officer so acting lawfully requires him to produce or give; or
(c) produces or causes to be produced or knowingly allows to be produced to an officer so acting any wages sheet, record or other document which is false in a material particular, knowing the document to be false; or
(d) furnishes to an officer so acting any information knowing it to be false,
he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
(7) The powers conferred by subsection (3) of this section are not exercisable in any case where corresponding or similar powers conferred by any of the enforcement provisions of the National Minimum Wage Act 1998, as they have effect for the purposes of this Act, are exercisable by virtue of section 3A of this Act.
(8) In subsection (7) of this section, “the enforcement provisions of the National Minimum Wage Act 1998” has the same meaning as in subsection (1) of section 3A of this Act.

13 Annual reports.
The Secretary of State shall include in the annual report made in pursuance of subsection (2) of section four of the Small Landholders (Scotland) Act 1911, a report of his proceedings under this Act and of the proceedings of the Board . . . , and for that purpose the Board . . . . . . shall, before such date in every year as the Secretary of State may fix, send to the Secretary of State a report of their proceedings under this Act during the preceding year.

14 Expenses.
Such expenses of the Secretary of State in carrying this Act into effect as the Treasury may determine, and any expenses authorised by the Secretary of State, with the consent of the Treasury, to be incurred by the Board . . . shall be defrayed out of moneys provided by Parliament.

15 Evidence of resolutions and orders of the Board and agricultural wages committees.
In any legal proceedings the production of a document purporting to be a copy of a resolution or order passed or made by the Board . . . and to be certified by the chairman or secretary of the Board . . . , to be a true copy shall be sufficient evidence of the order or resolution and, in the case of an order, that any notices required to be given by this Act in relation thereto have been duly given, and no proof shall be required of the handwriting or official position of the person certifying the truth of the copy.

15AInformation obtained by national minimum wage officers.
(1) This section applies to information which has been obtained by an officer acting for the purposes of the National Minimum Wage Act 1998.
(2) This section does not apply to any information to the extent that the information relates to—
(a) any failure to allow holidays directed to be allowed by an order under section 3 of this Act; or
(b) any terms and conditions of employment fixed by such an order by virtue of subsection (1)(c) of that section.
(3) Information to which this section applies may, with the authority of the relevant Minister, be supplied to the Secretary of State for use for any purpose relating to this Act.
(4) Information supplied under subsection (3) of this section shall not be supplied by the recipient to any other person or body unless—
(a) it could be supplied to that person or body under that subsection; or
(b) it is supplied for the purposes of any civil or criminal proceedings relating to this Act;
and shall not be supplied in those circumstances without the authority of the relevant Minister.
(5) This section does not limit the circumstances in which information may be supplied or used apart from this section.
(6) In this section “the relevant Minister” means the Minister of the Crown with the function of appointing officers under section 13(1)(a) of the National Minimum Wage Act 1998.

16 Power to give effect to, and modify, Act as respects holidays and holiday remuneration.
(1) The Secretary of State may make regulations for giving effect to the purposes of, and modifying, this Act so far as it relates to holidays and minimum rates of wages by way of pay in respect of holidays, and for excluding, in relation to those matters or either of them, the operation of all or any of the provisions of sections four and ten to thirteen of this Act and paragraph (5) of the Third Schedule thereto.
(2) The power conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

17 Interpretation.
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,—
  * “agriculture” includes dairy-farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or woodland or for market gardens or nursery grounds;
  * “consumable produce” means produce grown for consumption or for other use after severance from the land on which it is grown;
  * “employment” means employment under a contract of service or apprenticeship, and the expressions “employed” and “employer” shall be construed accordingly;
  * “the national minimum wage” means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the National Minimum Wage Act 1998, but this definition is subject to subsection (1A) of this section;
  * “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
  * “worker” includes a boy, woman and girl.
(1A) If, in the case of persons of any description, regulations under subsection (2) of section 3 of the National Minimum Wage Act 1998—
(a) prevent them being persons who (within the meaning of that Act) qualify for the national minimum wage; or
(b) prescribe a rate (“the reduced rate”) for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act,
this Act shall have effect in relation to persons of that description as if in a case falling within paragraph (a) above the national minimum wage were nil and in a case falling within paragraph (b) above the national minimum wage were the reduced rate.

17ARelationship between this Act and the National Minimum Wage Act 1998.
(1) Except so far as expressly provided by this Act, nothing in the National Minimum Wage Act 1998 or in regulations made under that Act affects the operation of this Act.
(2) This Act is subject to—
(a) section 46 of the National Minimum Wage Act 1998; and
(b) section 47 of that Act and any regulations made under that section.

18 Repeal and savings.
(1) The enactments mentioned in the first and second columns of the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) Nothing in this Act shall affect any order, regulation or complaint made, permit granted, resolution passed, direction, certificate or approval given, application made or granted, notice served or given, date fixed or any other thing done, under an enactment repealed by this Act, but any such order, regulation, complaint, permit, resolution, direction, certificate, approval, application, notice, date or thing shall, if in force at the passing of this Act, continue in force, and so far as it could have been made, granted, passed, given, served, fixed or done under the corresponding provisions of this Act, it shall have effect as if it had been made, granted, passed, given, served, fixed or done under that corresponding provision and, in the case of an approval, had been given for the purposes of that provision.
(3) Any document referring to an enactment repealed by this Act shall be construed as referring to the corresponding provision of this Act.
(4) Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold his office or to act or serve as if he had been appointed or authorised under or by virtue of the corresponding provision of this Act.
(5) Where an offence, being an offence for the continuance of which a penalty was provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence in the same manner as if the offence had been committed under the corresponding provision of this Act.
(6) Where an enactment repealed and re-enacted by this Act provides for the doing of some act within, or not earlier than the expiration of, a specified period from the giving of a notice, and the commencement of this Act falls within the period applicable to the giving of a particular notice, the repeal and re-enactment shall be deemed to have taken effect in relation to that notice immediately before the giving thereof.
(7) The mention of particular matters in this section shall not be taken to affect the general application of sections 16(1) and 17(2)(a) of the Interpretation Act 1978, with regard to the effect of repeals.

19 Short title and extent.
This Act may be cited as the Agricultural Wages (Scotland) Act 1949, and shall extend to Scotland only.

SCHEDULES
Section 1.

FIRST SCHEDULE Constitution and Proceedings of the Scottish Agricultural Wages Board
1 The Board shall consist of—
(a) six persons representing employers and six persons (of whom one at least shall be a woman) representing workers in agriculture to be nominated in the prescribed manner or elected in the prescribed manner according as may be prescribed; and
(b) five persons to be appointed by the Secretary of State.
2 The Secretary of State shall designate as chairman of the Board one of the members thereof appointed by him.
3 At every meeting of the Board the chairman, if present, shall preside and, if he is absent, such of the other members appointed by the Secretary of State as the members of the Board then present choose shall preside.
4 The Secretary of State may appoint a secretary for the Board.
5 The Board may, in accordance with regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, appoint one or more committees consisting of members representing employers and members representing workers in agriculture in equal proportions, and of one or more of the appointed members, and may refer to any such committee for report and recommendations any matter which they think it expedient so to refer, and may also, if they think fit, delegate to any such committee any of their powers and duties under this Act other than a power or duty to fix, cancel or vary minimum rates of wages or to direct that workers shall be entitled to be allowed holidays.
6 The proceedings of the Board or of a committee thereof shall not be invalidated by a vacancy therein or by a defect in the nomination, election or appointment of the chairman or other member of the Board or of a member of the committee.
7 The Secretary of State may, by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make regulations with respect to the proceedings and meetings of the Board and of any committee thereof, including the appointment of the chairman of the Board and the term of office of the chairman and other members of the Board and the members of committees, the method of voting and the number of members necessary to form a quorum, and any such regulations as to committees may be made so as to apply generally to the procedure of all committees or specially to the procedure of any particular committee; but subject to the provisions of this Schedule and to any regulations so made, the Board and any committee thereof may, respectively, regulate the proceedings in such manner as they think fit.
8 The Secretary of State may, out of moneys provided by Parliament, pay to the members of the Board such allowances by way of compensation for expenses incurred and time lost by them in the performance of their duties as he may, with the consent of the Treasury, determine.

SECOND SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THIRD SCHEDULE Orders of the Scottish Agricultural Wages Board
1 Where the Board propose to make an order under any provision of this Act, the Board shall—
(a) give, in such manner as appears to the Board requisite for informing persons concerned, public notice of the proposed order and of the manner in which and the time (not being less than fourteen days from the date of the notice) within which objections to the proposals may be lodged;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and shall consider any objections to the proposals which may be lodged in accordance with the notice.
2 After considering any such objections the Board may make an order in accordance with their original proposals or with those proposals as modified in such manner as appears to the Board expedient having regard to any objections lodged:
Provided that where it appears to the Board that, having regard to the nature of any modifications which they propose to make in their original proposals, opportunity should be given for the consideration thereof by persons concerned, the Board shall again give and serve notice under the foregoing paragraph, and this paragraph shall apply accordingly.
3 Notwithstanding anything in the foregoing paragraphs of this Schedule, where the Board are satisfied that on the ground of the limited application of a proposed order it is unnecessary to comply with the provisions of those paragraphs and certify accordingly, the Board may, instead of complying with those provisions, give notice of the proposed order in such manner as appears to the Board expedient in the circumstances, and may make the order at any time after the expiration of seven days from the giving of the notice.
4 As soon as may be after the Board have made an order under any provision of this Act they shall give public notice of the making of the order and of the contents thereof in such manner as appears to the Board requisite for informing persons concerned, . . .
5 An order of the Board under any provision of this Act may apply either universally to all workers employed in agriculture or to any class of workers (as defined in the order) or to any area or to any such class in any area, subject in each case to any exceptions specified in the order; and an order of the Board fixing or varying a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment may make alternative provisions applying according to different circumstances arising during the currency of a worker’s employment or in connection with the termination thereof.
6 . . . , an order of the Board made under any provision of this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like conditions.
Section 18.

FOURTH SCHEDULE Enactments Repealed.
Session and Chapter.        Short Title.                                               Extent of Repeal.
1 Edw. 8 & 1 Geo. 6. c. 53  The Agricultural Wages (Regulation) (Scotland) Act, 1937.  The whole Act.
1 & 2 Geo. 6. c. 70.        The Holidays with Pay Act, 1938.                           Sections one, two, three and five so far as they relate to workers employed in agriculture.
10 & 11 Geo. 6. c. 15.      The Agricultural Wages (Regulation) Act, 1947.             The whole Act.


[18th December 1968]

1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of sea fishing operations

5 Regulation of conduct of fishing operations.
(1) The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
(2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
(a) to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and
(b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits
(3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
(4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to [the statutory amount]or on conviction on indictment to a fine.
(5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
(6) This section has effect in relation to Scotland with the following modifications–
(a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
(b) in subsection (2)(b)–
(i) for “Scottish” there is substituted “relevant British”; and
(ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and
(c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.

5 Regulation of conduct of fishing operations.
(1) The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.
(2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—
(a) to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and
(b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits
(3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.
(4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to a fine not exceeding £1,000or on conviction on indictment to a fine.
(5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.
(6) This section has effect in relation to Scotland with the following modifications–
(a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;
(b) in subsection (2)(b)–
(i) for “Scottish” there is substituted “relevant British”; and
(ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and
(c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Sea-fishery officers.
(1) The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—
(a) officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;
(b) commissioned officers of any of Her Majesty’s ships;
(c) persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
(ca) persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;
(d) officers of the fishery protection service ... of the Scottish Ministers holding the rank of commander, first officer or second officer;
(e),(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) other persons appointed as British sea-fishery officers by one of the appropriate Ministers.
(1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).
(2) The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.
(3) An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—
(a) to particular matters;
(b) to a particular area;
(c) to a particular order or class of orders.
(4) In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.
(5) In this section “the appropriate Minister” means—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to Scotland, the Scottish Ministers; and
(c) in relation to Northern Ireland, the Department of Agriculture for Northern Ireland.

8 General powers of British sea-fishery officers.
(1) For the purpose of enforcing the provisions of any order under section 5 above or of section 12 of the Fisheries Act 2020 or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within British fishery limits and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.
(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,—
(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in paragraph ( d ) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(4) Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 12 of the Fisheries Act 2020 has at any time taken place within British fishery limits, he may—
(a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
(b) detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
(5) If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within British fishery limits, he may require the boat to move away or to move in a direction or to a position specified by him.
(6) For the purpose of enforcing the collision regulations made under section 85 of the Merchant Shipping Act 1995, so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within British fishery limits and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents), whether or not he is mentioned in that section, and also the powers conferred by the foregoing provisions of this section, and section 257 of that Act so far as it relates to the former powers shall apply accordingly.

9 Powers of sea-fishery officers to enforce conventions.
(1) For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside British fishery limits the powers conferred by section 8(2) and (3) above.
(2) Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.

10 Miscellaneous provisions as to sea-fishery officers.
(1) A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(2) Any person who on any fishing boat within British fishery limits, or on a British fishing boat anywhere outside those limits,—
(a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;
(b) prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or
(c) assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or wilfully obstructs any such officer in the exercise of any of those powers;
shall be guilty of an offence.
(2A) Any person who on any vessel within British fishery limits—
(a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;
(b) prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or
(c) assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;
shall be guilty of an offence.
(3) Subsection (2) above shall apply in relation to things done on a British fishing boat anywhere within the convention area outside British fishery limits by or in relation to a foreign sea-fishery officer who is exercising powers to enforce the provisions of the convention relating to that area as it applies in relation to things done on any fishing boat within those limits by or in relation to a British sea-fishery officer.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine. on summary conviction, or on conviction on indictment, to a fine.

11 Evidence.
(1) In any civil or criminal proceedings a written statement purporting to be a report made by a British or foreign sea-fishery officer on matters ascertained in the course of exercising his powers under section 9 above for the purpose of enforcing the provisions of any convention mentioned in that section shall be admissible as evidence to the like extent as oral evidence to the like effect by that officer.
(2) Subsection (1) above shall be taken to be in addition to, and not to derogate from, the provisions of any other enactment relating to the reception or admissibility of documentary evidence.

12 Recovery of fines imposed on master, etc., or crew.
(1) Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the court may—
(a) issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
(b) if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
(2) Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the sheriff may—
(a) issue a warrant for the poindingarrestment and sale of the boat and its gear and catch and any property of the person convicted; and
(b) if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
(3) Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants), as they apply to warrants of the kinds mentioned there, shall apply to a warrant of distress issued under this section in England and Wales ....
(4) Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in that paragraph.

13 Compensation for damage caused by offence.
[(1)Where on convicting a person of an offence under section 5 or 10 of this Act it appears to a court in England and Wales or Northern Ireland that personal injury or damage to property has been caused by the offence, the court may by the conviction adjudge the person convicted to pay, in addition to any fine, a reasonable sum, not exceeding £400, as compensation for the injury or damage, and the sum when recovered shall be paid to the person who has suffered the injury or damage.]
(2) Where a person is to be brought to trial before a sheriff in Scotland for an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020—
(a) any person who considers that personal injury to him or damage to his property has been caused by the offence may, at any time before the commencement of the trial, give notice in writing to the accused person and the sheriff clerk that at the trial of the offence the sheriff shall be called upon to make an award of compensation in respect of that injury or damage;
(b) if notice has been given as aforesaid and the accused is convicted of the offence the sheriff shall thereupon dispose of the question of compensation, but shall not order payment of a sum by way of compensation exceeding level 5 on the standard scale
(c) any evidence led at the trial shall be admissible as evidence in the disposal of the question of compensation, and if the compensation claimed is in respect of damage to property and a report of a British sea-fishery officer relating to the damage is produced as evidence, that report shall, unless the sheriff considers that it is necessary in the interests of justice to allow additional evidence, be sufficient evidence for the disposal of the question of compensation; and
(d) in disposing of the question of compensation the sheriff may, subject to paragraph (b) above, give decree as in any ordinary action brought before him.
(3) Section 12 of this Act shall apply in relation to compensation adjudged or ordered to be paid under this section by the master, owner, or charterer or a member of the crew of a fishing boat as it applies in relation to a fine imposed by a magistrates’ court or sheriff on such a person.
(4) The provisions of this section shall not be taken to derogate from any right of a person who has suffered personal injury or damage to property in consequence of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020 to recover damages in respect of the injury or damage in civil proceedings.

14 Jurisdiction to try offences.
Proceedings for an offence under section 5 or 10 of this Act ... may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Miscellaneous

15 Amendments of Sea Fisheries (Shellfish) Act 1967.
(1) The Sea Fisheries (Shellfish) Act 1967 shall be amended in accordance with, and have effect subject to, the following provisions of this section.
(2) In section 1(1) (orders as to fisheries for oysters, mussels and cockles) for the words “and cockles” there shall be substituted the words “cockles, clams and any other molluscs of a kind specified in regulations made by the appropriate Minister”.
(2A) The reference in section 3(1) of the Sea Fisheries (Shellfish) Act 1967 to an order under section 1 of that Act conferring on the grantees a right of regulating a fishery which imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of shellfish shall be construed as including a reference to an order under section 1 of that Act conferring on the grantees such a right which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations; and the references in sections 3(1)(a), (2) and (3) of that Act to restrictions and regulations shall be construed as including a reference to restrictions so imposed and regulations so made.
(2B) The references in sections 4A(1) and 4B(1) of the Sea Fisheries (Shellfish) Act 1967 to restrictions imposed by, or regulations made by, an order under section 1 of that Act conferring a right of regulating a fishery, shall be construed as including a reference to restrictions imposed by, or regulations made by, the grantees by virtue of an order under section 1 of that Act which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations.
(3) The power to make an order under that section section 1 of that Act conferring on the grantees a right of regulating a fishery for any specified description of shellfish shall be construed as including a power to enable them with the consent of the appropriate Minister to impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of shellfish of that description within the limits of the regulated fishery.
(4) An order under that section which imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of a fishery shall be construed as conferring on the grantees of the fishery power with the consent of the appropriate Minister to vary the tolls or royalties so imposed.
(5) In subsections (3) and (4) above “the appropriate Minister” has the same meaning as in the Sea Fisheries (Shellfish) Act 1967.
(6) Anything purporting to be done at any time before the passing of this Act under or by virtue of section 1 or 3 of the Sea Fisheries (Shellfish) Act 1967 or any enactment thereby re-enacted which could have been done by virtue of subsection (3) or (4) above if that subsection had been in force at that time shall be treated as if it had been done by virtue of that subsection.
(7) In paragraph 4(6) of Schedule 1 (notice of inquiry in connection with making of an order under section 1) for the words “fourteen days’” there shall be substituted the words “twenty-eight days’”.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17 Fishing boats and gear lost or abandoned at sea.
Without prejudice to section 236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver), fishing boats or fishing gear lost or abandoned at sea and either—
(a) found or taken possession of within the territorial waters of the United Kingdom; or
(b) found or taken possession of beyond those waters and brought within those waters;
shall be treated as wreck for the purposes of Part IX of the Merchant Shipping Act 1995.

Supplemental

18 Orders.
(1) Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.
(2) A statutory instrument containing an order made by the Ministers under any provision of this Act, . . . shall be laid before Parliament or, in the case of an order in relation to Scotland, the Scottish Parliament.
(3) Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.

19 Interpretation.
(1) In this Act, except so far as the context otherwise requires,—
  * “British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;
  * “convention” includes an agreement or other arrangement;
  * “convention area” means, in relation to any international convention, the area to which the convention relates;
  * “enactment” includes an enactment of the Parliament of Northern Ireland;
  * “fish” includes shellfish, and cognate expressions shall be construed accordingly;
  * “fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;
  * “foreign fishing boat” means any fishing boat other than a relevant British fishing boat or a Scottish fishing boat;
  * “foreign sea-fishery officer” has the meaning assigned to it by section 7 of this Act;
  * “master” includes, in relation to any fishing boat, the person for the time being in command or charge of the boat;
  * “the Ministers” means , in relation to England, Wales and Northern Ireland; the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland and, in relation to Scotland, the Scottish Ministers;
  * “relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat
  * “relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone
  * “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging
  * “the Scottish zone” has the same meaning as in the Scotland Act 1998
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * “Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, including any Act of the Scottish Parliament and any subordinate legislation made under such an Act, and including any enactment relating to fishing for shellfish, salmon or migratory trout.
  * “wholly British-owned” means wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995;
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Isle of Man and Channel Islands.
(1) Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—
(a) shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order to the Isle of Man or any of the Channel Islands; and
(b) shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.
(2) An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.

22 Minor and consequential amendments and repeals, and savings.
(1) The enactments specified in Schedule 1 of this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this act.
(2) The enactments specified in Schedule 2 to this Act(which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
(3 ),(4) . . .
(5) The amendment by Schedule 1 to this Act of section 15 of the Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 Short title and commencement.
(1) This Act may be cited as the Sea Fisheries Act 1968.
(2) Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.
(3) Any order under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

Schedules
Section 22(1)

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 AMENDMENTS COMING INTO FORCE ON PASSING OF ACT
1—22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II AMENDMENTS COMING INTO FORCE ON APPOINTED DAY
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)
24 In section 1 (citation and construction), for the words “the Sea Fisheries Act 1883” there shall be substituted the words “the Sea Fisheries Act 1968”.
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 In section 6 (returns about sea fisheries) the words “against the Sea Fisheries Act 1883” shall be omitted and at the end there shall be inserted the words “and sections 12(2) and 14 of the Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5, 6 or 10 of that Act”.
27 After section 6 there shall be inserted the following section—

“6A Vicarious liability of master of boat.
Where any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:
Provided that it shall be a defence for the master to prove that he issued proper orders for the observance, and used due diligence to enforce the observance, of the provision of the Act or byelaw contravened and that the offence in question was actually committed by some other person without his connivance.”
28 In section 7 (report of sea-fishery officer concerning compensation), for any reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—
“Provided that nothing in the first paragraph of this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.”
29 In section 8 (compensation for damage caused by offence), for the reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—
“Provided that nothing in this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.”
30 In section 10 (powers of sea-fishery officers) for the words from “sea” where it first occurs to the end there shall be substituted the words “a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 6 of that Act or any order thereunder”.

The Fisheries Act 1891 (c. 37)
31 In section 13 (powers of taking legal proceedings) the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by” shall cease to have effect.

The Merchant Shipping Act 1894 (c. 60)
32, 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 In section 3 (definition of Sea Fisheries Acts) for the words from “’ Sea Fisheries Acts ’” to “1885” there shall be substituted the words “’ Sea Fisheries Acts’ has the same meaning as in the Sea Fisheries Act 1968”.

The Illegal Trawling (Scotland) Act 1934 (c. 18)
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sea Fish Industry Act 1962 (c. 31)
36 In section 17(2) (enactments to which the section’s exemption for operations for scientific and other purposes applies) for the words from “any enactment” to “this Act” there shall be substituted the words “section 6 of the Sea Fisheries Act 1968”.

The Sea Fisheries Regulation Act 1966 (c. 38)
37 In section 13(5) (powers of local fisheries committees), the words from the beginning to “1883” and from “the provisions” to “and of” and the word “other” shall cease to have effect.

The Sea Fish (Conservation) Act 1967 (c. 84)
38(1)Section 15 (powers of British sea-fishery officers) shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (1) the words from the beginning to “1962” shall cease to have effect.
(3) For subsections (3) to (7) there shall be substituted the following subsections:—
“(3)Any such officer may exercise in relation to any fishing boat in any waters adjacent to the United Kingdom and within the fishery limits of the British Islands, and in relation to any British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere outside those limits, such of the powers of a British sea-fishery officer under section 8(2) to (4) of the Sea Fisheries Act 1968 as may be conferred on him by order of the Ministers, being powers which the Ministers consider necessary for the enforcement of any of the provisions of sections 1 to 7 of this Act or any order made under any of those sections.
(4) An order under this section may make different provision for different cases.
(5) Section 10 of the Sea Fisheries Act 1968 shall apply in relation to the provisions of an order under this section and the powers thereby conferred as they apply in relation to section 8 of that Act and the powers thereby conferred; and, in relation to an offence under the said section 10 as it applies by virtue of this subsection, sections 12 to 14 of that Act shall apply accordingly.”
39 In section 22(1), in the definition of “British sea-fishery officer”, for the words from “section 11” to “1951” there shall be substituted the words “section 7 of the Sea Fisheries Act 1968”.
Section 22(2).

SCHEDULE 2 ENACTMENTS REPEALED

PART I REPEALS COMING INTO FORCE ON PASSING OF ACT
Chapter                  Short Title                                      Extent of Repeal
31 & 32 Vict. c. 45.     Sea Fisheries Act 1868                           Section 1.
                                                                          In Section 5, the definitions of “person” and “the Irish Fishery Commissioners”.
                                                                          Section 67.
                                                                          In section 70, the proviso.
25 & 26 Geo. 5. c. 9.    The Herring Industry Act 1935.                   In section 14, the definition of “boat”.
                                                                          In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words “or commodities produced wholly or partly therefrom” and the words “or such commodities as aforesaid”.
1 & 2 Geo. 6. c. 30.     The Sea Fish Industry Act 1938.                  Section 50.
1 & 2 Geo. 6. c. 42.     The Herring Industry Act 1938.                   In section 2(1), the words “and a ssistance”.
9 & 10 Geo. 6. c. 11.    The Inshore Fishing Industry Act 1945.           The whole Act.
11 & 12 Geo. 6. c. 51.   The White Fish and Herring Industries Act 1948.  Section 3.
14 & 15 Geo. 6. c. 30.   The Sea Fish Industry Act 1951.                  Section 13(3).
1 & 2 Eliz. 2. c. 17.    The White Fish and Herring Industries Act 1953.  In section 1(3), the words “(of whatever size and in whatever way propelled)”.
                                                                          Section 2(4).
                                                                          Section 13(2) and (3).
5 & 6 Eliz. 2. c. 22.    The White Fish and Herring Industries Act 1957.  Section 1(3A) and (4).
                                                                          Section 4.
                                                                          In section 5(3), the words “or order”.
                                                                          In section 5(4), the words from “and an order” to the end.
                                                                          Section 6(2).
8 Eliz. 2. c. 7.         The Sea Fish Industry Act 1959.                  Section 1.
10 & 11 Eliz. 2. c. 31.  The Sea Fish Industry Act 1962.                  Section 1(4) and (6).
                                                                          Section 2.
                                                                          In section 3(3), the words “(of whatever size and in whatever way propelled)”.
                                                                          Section 3(6).
                                                                          Section 31.
                                                                          Section 33(3).
                                                                          In section 35(5), the words “an d thirty-one”.
                                                                          In Schedule 2, paragraphs 18(1), 21(3) and (4), 22(1) and 23.
1966 c. 34.              The Industrial Development Act 1966.             Section 28.
1967 c. 35.              The Fishing Vessel Grants Act 1967.              The whole Act.

PART II REPEALS COMING INTO FORCE ON APPOINTED DAY
Chap ter                 Short Title                                       Extent of Repeal
31 & 32 Vict. c. 45.     The Sea Fisheries Act 1868.                       In section 5, the definitions of “Great Britain and Ireland”, “United Kingdom”, “exclusive fishery limits of the British Islands” and “exclusive fishery limits of France”.
                                                                           In section 57, the words from “o r under” to “provided)”.
                                                                           Section 63.
                                                                           In section 65, the second paragraph.
                                                                           Section 66.
                                                                           In section 70, the words from the beginning to “save as aforesaid”, the words from “the seas adjoining” to “the whole of” and the words from “and to the seas” to “British Islands” in the fourth place where it occurs.
46 & 47 Vict. c. 22.     The Sea Fisheries Act 1883.                       The whole Act.
48 & 49 Vict. c. 70.     The Sea Fisheries (Scotland) Amendment Act 1885.  Section 3.
                                                                           Section 5.
54 & 55 Vict. c. 37.     The Fisheries Act 1891.                           Section 5.
                                                                           in section 6(1), the words “as one with the Sea Fisheries Act 1883, and” and the word “also”, and section 6(2).
                                                                           In section 13, the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by”.
24 & 25 Geo. 5. c. 18.   The Illegal Trawling (Scotland) Act 1934.         Section 3.
1 & 2 Geo. 6. c. 30.     The Sea Fish Industry Act 1938.                   Section 54.
                                                                           Section 59.
                                                                           Section 61.
                                                                           Section 62.
                                                                           Section 63(2).
14 & 15 Geo. 6. c. 30.   The Sea Fish Industry Act 1951.                   Section 25.
8 Eliz. 2. c. 7.         The Sea Fish Industry Act 1959.                   Section 9.
10 & 11 Eliz. 2. c. 31.  The Sea Fish Industry Act 1962.                   Section 16.
                                                                           Section 18.
                                                                           Section 36(1).
1964 c. 72.              The Fishery Limits Act 1964.                      Section 1(2).
                                                                           Section 2.
                                                                           Section 3(2) and (5).
                                                                           In Schedule 1 the amendments of the Sea Fisheries Act 1883.
1966 c. 38.              The Sea Fisheries Regulation Act 1966.            In section 13(5), the words from the beginning to “1883” and from “the provisions” to “ and of” and the word “other”.
1967 c. 83.              The Sea Fisheries (Shellfish) Act 1967.           Schedule 2, so far as relating to the Sea Fisheries (Scotland) Amendment Act 1885.
1967 c. 84.              The Sea Fish (Conservation) Act 1967.             In section 15(1), the words from the beginning to “1962”.