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FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 81

Powers in relation to inquiry.

81.(1) The Commission or person holding an inquiry may

(a)summon witnesses to attend at the inquiry,

(b)examine on oath (which any member of the Commission or that person, as the
case may be, is hereby authorised to administer) witnesses attending at the
inquiry,

(c)require any witness to produce any documents in his power or control which
the Commission or that person, as the case may be, considers necessary for the
purposes of the inquiry.

(2) A witness at an inquiry shall be entitled to the same immunities and
privileges as if he were a witness before the High Court.

(3) If any person

(a)on being duly summoned to attend as a witness at an inquiry makes default
in attending, or

(b)being in attendance, refuses to take an oath which he is lawfully required
to take, or to produce any document in his power or control which he is
lawfully required to produce, or to answer any question which he is lawfully
required to answer,

First Schedule rep. by 1966 c.17 (NI) s.211 sch.8

The Schedule sets out details of the sale of the fishery, including lands,
chattels, etc.

Incorporation.

1. The Commission shall be a body corporate with perpetual succession and a
common seal and power to sue and be sued and to acquire and hold land...2.
The Commission shall have, in addition and without prejudice to any powers
given to it under any other provision of this Act, power to do any of the
following things

(a)to take legal proceedings for the enforcement of any provision of this Act
or of any regulations made under this Act [or in the Foyle Area of any law
with respect to fisheries;]

(b)to purchase or take on lease any fishery or any establishment for the
artificial propagation or rearing of salmon, trout or other freshwater fish
and to operate any fishery and any such establishment;

(c)to apply and expend, subject to the provisions of this Act, all money paid
to the Commission in such manner as the Commission thinks proper for the
government, management, maintenance or improvement of the fisheries of
the Foyle Area;

(d)to execute such works and do such things as the Commission considers
expedient for the purpose of its functions.3.(1) Notwithstanding anything
contained in this Act, the Commission may at its discretion, during the
transitional period, control, manage and deal with the fishing in that part of
the tidal waters of the Foyle Area vested in the Ministry and the Minister
which lies between an imaginary straight line drawn across the River Foyle to
join the points where the southernmost boundary of the county of Londonderry
meets the river on each side and the defined mouth of the river.

(2) The transitional period for the purpose of this paragraph shall be the
period of three years commencing on the establishment date or such longer
period as the Ministry and the Minister may from time to time fix by
agreement.4. Any surplus moneys for the time being in the hands of
the Commission shall be disposed of by it in such manner as the Ministry and
the Minister may from time to time jointly direct.5. The Commission shall
consist of four members, of whom two shall be senior members and two shall be
junior members.6.(1) One senior and one junior member shall be appointed by
the Ministry and the other senior member and junior member shall be appointed
by the Minister.

(2) Each member, except a member appointed to fill a casual vacancy, shall be
appointed for a period of five years.

(3) If a casual vacancy occurs amongst the members, the authority who
appointed the outgoing member shall appoint a person to fill the vacancy.

(4) The person so appointed shall hold office for the remainder of the period
for which his predecessor, if he had continued to be a member, would have held
office.

(5) An outgoing member may be re-appointed.7.(1) The first chairman of
the Commission shall be such senior member as the members may elect. In the
event of a tie, he shall be chosen by lot.

(2) The first chairman shall hold office until the end of the first year of
his term of office as a member.

(3) At the end of that year, the other senior member shall be chairman for a
period of one year and thereafter the office shall be held in rotation for one
year by the senior members.

(4) If a person ceases to be a member during his term of office as chairman,
the person appointed as a member in his place shall hold office as chairman
for the remainder of that term.8.(1) The Commission shall have a secretary.

(2) [The Commission may with the approval of the Ministry and the Minister
appoint or remove a secretary and, if no secretary is for the time being
appointed,] the secretary shall be the junior member who was appointed to
the Commission by the authority other than that by whom the senior member who
is the chairman for the time being was appointed.9. A member may be removed
from office by, and may resign by letter addressed to, the authority by whom
he was appointed.10. The Commission shall have an office in Northern Ireland
and an office in the Republic of Ireland.11.(1) The common seal of
the Commission shall, when applied to a document, be attested by the signature
of one member appointed by the Ministry and one member appointed by
the Minister.

(2) Judicial notice shall be taken of the common seal of the Commission and
every document purporting to be an instrument made by the Commission and to be
sealed with the common seal of the Commission and to be attested in accordance
with this paragraph shall, unless the contrary is shown, be received in
evidence and be deemed to be such instrument without further proof.12. Any
contract or instrument which, if entered into or executed by an individual,
would not require to be under seal may be entered into or executed on behalf
of the Commission by any person generally or specially authorised by
the Commission for that purpose.13.(1) The quorum for a meeting of
the Commission shall be two, of whom one shall be a member appointed by
the Ministry and the other shall be a member appointed by the Minister.

(2) Every question at a meeting shall be decided by the votes of the majority
of those present and voting.

(3) In case of an equal division of votes at a meeting at which all the
members are present and voting, the chairman shall have a second or casting
vote.

(4) Subject to sub-paragraph (1), the Commission may act notwithstanding
vacancies in its membership.

(5) Subject to the provisions of this Schedule, the Commission may regulate,
by standing orders or otherwise, its procedure and business.14. The Secretary
shall keep minutes of the proceedings of the Commission and each member of
the Commission shall have the right to inspect and make extracts from the
minutes.15. The Commission may purchase and take on lease such land and build,
equip and maintain such premises as it considers necessary for the performance
of its functions and may sell or lease any such land or premises no longer
required by it for that purpose.16.(1) The Commission may employ such staff as
it considers necessary for the performance of its functions.

(2) The numbers, grades, remuneration and conditions of employment of members
of the staff shall be such as the Commission, with the approval of
the Ministry and the Minister, may determine.

(3) On the establishment date the persons who, immediately before that date,
were employed by the Londonderry Board or the board of conservators for the
Moville Fishery District shall become members of the staff of the Commission
on the same conditions as those subject to which they were so employed.

[(4) The Commission may, with the approval of the Ministry and the Minister,
make a scheme (in this paragraph referred to as a pension scheme) for the
provision of pensions or gratuities, or pensions and gratuities, in respect of
the service of such officers or servants of the Commission as it may think
fit, and any scheme so made shall be carried out by the Commission.

(5) The Commission may, with the approval of the Ministry and the Minister, at
any time by a subsequent pension scheme (in this paragraph referred to as an
amending scheme) amend a pension scheme or a previous amending scheme, and any
such amending scheme may be expressed to operate retrospectively.

(6) Where an amending scheme amends a pension scheme, an officer or servant to
whom such pension scheme applies or applied may, within six months after the
coming into operation of the amending scheme, elect not to have the amending
scheme apply to him and, if he does so elect, the amending scheme shall not
apply to him.

(7) An amending scheme shall not terminate or reduce any pension which was,
immediately before the coming into force of such amending scheme, payable
under the scheme thereby amended.

(8) In this paragraph, "service" in relation to an officer or servant means
service with the Commission from the date of his employment by the Commission
and, in the case of a person who became an officer or servant of
the Commission by virtue of an employment mentioned in sub-paragraph (3), may
include his service in that employment.]17.(1) The accounts of the Commission
shall be made up to the thirtieth day of September in each year.

(2) The accounts for each year shall be audited by an auditor appointed by
the Ministry and an auditor appointed by the Minister.

(3) The fees of auditors and the expenses of audits shall be paid by
the Commission.

(4) Copies of the audited accounts and of the report of the auditors thereon
shall, immediately after the audit, be sent by the auditors to the Ministry
and to the Minister.18. The Commission shall annually make to the Ministry and
the Minister a report of its work during the preceding year.19. The Commission
shall pay to each of its members such travelling, maintenance and incidental
expenses incurred by him as the authority by whom he was appointed may
sanction.

Constitution.

1. The Advisory Council shall consist of

(a)elected members, and

(b)ex-officio members.2. The year 1952 and every third successive year
thereafter shall be an election year for the purpose of the subsequent
provisions of this Schedule.3.(1) In each election year the Commission shall
conduct an election of persons to be elected members of the Advisory Council.

(2) Every person who is the holder of a fishing licence shall be entitled to
vote at an election and shall have such number of votes as may be appropriate
in accordance with a prescribed scale based on the amount of fees paid for
fishing licences for the time being held by him.

(3) Every person who is the rated occupier of a fishery or fisheries in
the Foyle Area the total rateable valuation of which is less than fifty pounds
but not less than one pound shall also be entitled to vote at an election and
shall have such number of votes as may be appropriate in accordance with a
prescribed scale based on the amount of fishery rate paid in respect of the
fishery or fisheries for the fishery year next preceding the election year.

(4) A person shall not be eligible for the office of elected member of
the Advisory Council unless he resides or possesses real property in
the Foyle Area.

(5) The elected members for the time being in office shall go out of office on
the completion of the election of their successors.4. For the purposes of
elections the Commission may prescribe

(a)the electoral divisions into which the Foyle Area is to be divided,

(b)the number (not being more than nine or less than three) of persons to be
elected for each electoral division,

(c)such other provisions as it thinks proper.5.(1) Every person (other than
the Commission) who is the rated occupier of a fishery or fisheries in
the Foyle Area, the total rateable valuation of which is fifty pounds or more,
shall, subject to the provisions of this paragraph, be an ex-officio member of
the Advisory Council.

(2) A person shall not be an ex-officio member while any sum due by him to
the Commission for fishery rate remains unpaid after the expiration of
fourteen days from the date upon which it became payable.6. A person who is
convicted of an offence under the Fisheries Acts or against this Act shall be
disqualified from being a member of the Advisory Council for the period of
seven years from the date of conviction.7.(1) The Advisory Council shall, at
its first meeting after each election and as occasion requires, elect one of
its members to be chairman and another of its members to be vice-chairman.

(2) Subject to sub-paragraph (5), the person elected to be chairman or
vice-chairman shall, unless he sooner dies, resigns or becomes disqualified,
hold office until the election of his successor.

(3) The chairman and vice-chairman shall be eligible for re-election.

(4) The chairman or vice-chairman may at any time resign his office.

(5) If the chairman or vice-chairman ceases to be a member of
the Advisory Council he shall cease to be chairman or vice-chairman.

(6) If, at the election of chairman or vice-chairman, there is an equality of
votes for two or more persons, one of those persons shall be elected by lot.8.
The Advisory Council may from time to time as occasion requires appoint a
person to be secretary to the council, and may at any time terminate such
appointment.9.(1) Whenever a casual vacancy occurs amongst the elected
members, the Advisory Council may co-opt a person who is a holder of a
fishing licence or a rated occupier of a fishery in the Foyle Area to fill the
vacancy until the next election.

(2) The Advisory Council may act notwithstanding vacancies in its
membership.10.(1) At a meeting of the Advisory Council

(a)the chairman shall, when present, be chairman of the meeting;

(b)when the chairman is absent or if the office of chairman is vacant, the
vice-chairman shall, when present, be chairman of the meeting;

(c)when the chairman and vice-chairman are absent or if the offices of
chairman and vice-chairman are vacant, the members of the Advisory Council who
are present shall choose one of their number to be chairman of the meeting.

(2) Every question at a meeting shall be determined by a majority of the votes
of the members present and voting on the question, and, in case of an equal
division of votes, the chairman of the meeting shall have a second or casting
vote, save where the question is the election of the chairman of
the Advisory Council.

(3) The quorum for a meeting of the Advisory Council shall be such number as
the Council may from time to time fix or, if no quorum is for the time being
so fixed, one-third of the membership at the date of the first meeting after
the previous election, any fraction being disregarded.

(4) The first meeting of the Advisory Council after each election shall be
convened as soon as may be by the Commission.

(5) The Commission may at any time convene a meeting of the Advisory Council.

(6) Members of the Commission shall be entitled to attend and take part in
meetings of the Advisory Council but not to vote.

(7) Subject to the provisions of this Schedule, the Advisory Council shall
regulate, by standing orders or otherwise, its procedure and business.11.
The Commission shall provide accommodation for the holding of meetings of
the Advisory Council and such stationery and office equipment as the Council
may reasonably require for the conduct of its affairs, and shall make
available the services of members of the staff of the Commission to do all
necessary clerical work for the Council.

I, A. B. (or we, A. B. and C. D., as the case may be) of

o hereby appoint E. F., of

I, the undersigned resident magistrate, do hereby approve of the above
appointment.

© 1952 Crown Copyright

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