Fisheries (Consolidation) Act 1959

Fines.

Disposal of fines.

314

314.(1) This section applies to every fine imposed for any offence under any provision of this Act.

(2) Section 51 of the Court Officers Act 1926 (No. 27 of 1926), shall cease to apply to any fine to which this section applies.

(3) Every fine to which this section applies shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(4) F278[]

Annotations

Amendments:

F278

Repealed (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 4(1) and sch. 1, commenced on enactment.

Modifications (not altering text):

C236

Functions under subs. (3) transferred and references to “Minister for Finance” and "Department of Finance" construed as Minister for and Department of Public Expenditure and Reform (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under—

(a) the provisions of the enactments specified in the Schedule, and

are transferred to the Minister for Public Expenditure and Reform.

4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

Article 3(a)

SCHEDULE

Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

No. 14 of 1959

Fisheries (Consolidation) Act 1959

Sections 7(1) and (3), 16(1), 45(2), 49(3)(b), (4)(a), (8), (10) and (12), 50(2) and (4), 62(2), 68(1)(b), 74(2), (5) and (6), 116(2)(b)(iii)(IV), 314(3) and (4), 317(2) and 319(1)(a)(iii)

C237

Section applied with modifications and references to "penalty" and “the forfeiture” construed (4.07.1978) by Fisheries (Amendment) Act 1978 (18/1978), s. 2(5)(b), commenced on enactment.

Indictable and summary proceedings for certain offences.

2.—…

(5) …

(b) Part XIX of the Principal Act shall apply to the fines and forfeitures provided for by this section and the Tables to this section as it applies to the fines and forfeitures referred to in that Part and references in sections 316 and 317 of the Principal Act to a District Justice and the District Court shall, in the case of a conviction by a court other than the District Court, be construed as references to that other court.

Editorial Notes:

E1649

Previous affecting provision: functions under subs. (4) transferred and references to "Minister for Finance" and “Department of Finance” construed as Minister for and Department of Public Expenditure and Reform (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9; subs. (4) repealed (4.04.2006) as per F-note above.