Statutory Instruments

1995 No. 1257

SEA FISHERIES

The Stanswood Bay Oyster Fishery (Variation) Order 1995

Made

9th May 1995

Laid before Parliament

10th May 1995

Coming into force

31st May 1995

Whereas an application for an Order to vary the Stanswood Bay Oyster Fishery Order 1973(1) and the Stanswood Bay Oyster Fishery Order 1988(2) was made under section 1 of the Sea Fisheries (Shellfish) Act 1967(3) to the Minister of Agriculture, Fisheries and Food by the Stanswood Bay Oystermen Limited (hereinafter referred to as "the company");

And whereas the said Minister prepared a draft Order and served a copy of it on the company in accordance with paragraph 1 of Schedule 1 to the said Act;

And whereas the company caused printed copies of the draft Order to be published and circulated, and gave notice of the application, in accordance with paragraph 2 of the said Schedule;

And whereas objections were received by the Minister, under paragraph 3 of the said Schedule, which he considered to be neither frivolous nor irrelevant, and which were not withdrawn;

And whereas the Minister appointed an inspector respecting the proposed Order in accordance with paragraph 4(2) of the said Schedule, and the inspector made an inquiry in accordance with paragraph 4(3) thereof, and made a report to the Minister in accordance with paragraph 4(7) thereof;

And whereas the Minister considered the inspector's report and thinks it expedient to make the Order;

Now, therefore, the said Minister, in exercise of the powers conferred on him by the said section 1 and of all other powers enabling him in that behalf, and with the consent of the Crown Estate Commissioners, hereby makes the following Order:-

Title, commencement and interpretation

1.-(1) This Order may be cited as the Stanswood Bay Oyster Fishery (Variation) Order 1995 and shall come into force on 31st May 1995.

(2) In this Order-

"the first principal Order" means the Stanswood Bay Oyster Fishery Order 1973; and

"the second principal Order" means the Stanswood Bay Oyster Fishery Order 1988.

Variation of the first principal Order

2.-(1) The first principal Order shall be varied in accordance with the following paragraphs of this article.

(2) In article 3, for the words-

(a)"whose registered office is situate at 48 Drapers Copse, Dibden, Hythe, Southampton" there shall be substituted "whose registered office is 13 Hampton Lane, Winchester, Hampshire SO22 5LF"; and

(b)for "containing 610 acres" there shall be substituted "containing 247 hectares".

(3) Article 5 (taking of samples for the purpose of disease control) shall be omitted.

(4) Article 5A (control of deposits) shall be omitted.

(5) In article 6, for the words "for 7 years from the date of its coming into operation and no longer" there shall be substituted the words "until 1st June 2005".

Variation of the second principal Order

3.-(1) The second principal Order shall be varied in accordance with the following paragraphs of this article.

(2) In article 1(2) (interpretation), in the definition of "the company", for the words "at 37 Hocombe Drive, Chandler's Ford, Eastleigh, Hampshire SO5 1QE" there shall be substituted "13 Hampton Lane, Winchester, Hampshire SO22 5LF".

(3) In article 2 (right of several fishery), for the words "until 1st June 1995" there shall be substituted "until 1st June 2005".

(4) Article 4 (taking of samples for the purpose of disease control) shall be omitted.

(5) Article 6 (control of deposits) shall be omitted.

Michael Jack

Minister of State, Ministry of Agriculture, Fisheries and Food

9th May 1995

Explanatory Note

(This note is not part of the Order)

This Order-

(a)extends the duration of the Stanswood Bay Oyster Fishery Order 1973 and the Stanswood Bay Oyster Fishery Order 1988 ("the Orders") for a further ten years until 1st June 2005 (articles 2(5) and 3(3));

(b)amends the address of the registered office of the grantees of the fishery included in the Orders (articles 2(2) and 3(2));

(c)removes the articles relating to the taking of samples for the purposes of disease prevention from the Orders (articles 2(3) and 3(4)); and

(d)removes the articles relating to the control of oyster deposits from the Orders (articles 2(4) and 3(5)).

(1)

S.I. 1973/861 as varied by S.I. 1979/1137 and S.I. 1988/1024.

(2)

S.I. 1988/1024.

(3)

1967 c. 83; section 1 was amended by section 15(2) of the Sea Fisheries Act 1968 (c. 77) and paragraph 15 of Schedule 2 to the Fishery Limits Act 1976 (c. 86) and is to be read with section 15(3) to (5) of the Sea Fisheries Act 1968; Schedule 1 was amended by section 15(7) of the Sea Fisheries Act 1968; section 22(1) contains a definition of "the Minister".