Fisheries (Consolidation) Act 1959
Rates on fisheries.
55.—F57[(1) F58[Inland Fisheries Ireland] shall as regards every fishery year and F59[within the period beginning on the 1st day of December preceding the commencement of that fishery year and ending on the 31st day of January next following] strike on all fisheries F58[within a fishery district] (which appear in the revised valuation lists required under the Valuation Acts to be issued by the Commissioner for Valuation by the F59[the 1st day of December] immediately preceding such commencement and are not distinguished therein by the said Commissioner pursuant to section 2 of the Valuation (Ireland) Act 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of F58[Inland Fisheries Ireland’s expenditure] for that fishery year.]
(2) Every rate struck by a board of conservators under this section shall be subject to confirmation by the Minister who may confirm the same either without modification or with such modification (whether by way of increase or reduction) as he shall think proper.
F59[(3) If as regards a particular fishery year a regional board, within the period beginning on the 1st day of December and ending on the 31st day of January, which is appropriate having regard to the requirements of subsection (1) of this section, fails to strike a rate, the Minister may, if he thinks fit so to do, strike a rate for the fisheries region of such regional board for that fishery year, and in such case the rate so struck by the Minister shall be levied, collected and recovered by such regional board in like manner in all respects as if such rate had been struck by the board and confirmed by the Minister under this section.]
F59[(4) Where as regards any fishery year a regional board strike a rate under subsection (1) of this section or the Minister by reason of the failure of the regional board to strike the rate, strikes a rate under subsection (3) of this section for the fisheries region of the board, such board or the Minister may make such departure, not affecting value, from the particulars, relating to a fishery in that fisheries region, contained in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of December immediately preceding the commencement of that fishery year, as may be necessary, at the time of making the rate, to enable such board or the Minister to make a valid rating.]
(5) Every rate struck under this section shall be paid by the several persons rated for the same in two moieties on the F59[1st day of May] and the F59[1st day of September] in the fishery year for which the rate is struck, and shall be so paid over and above all or any licence duties paid by such persons under this Act for that or any other fishery year.
(6) F60[…]
(7) F61[…]
(8) F62[…]
Annotations
Amendments:
F57
Substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(d), commenced on enactment.
F58
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 item 4, S.I. No. 262 of 2010.
F59
Substituted (1.01.1983) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 4(a)(i), (ii), (iii), in effect as per art. 4. Note: the effects of art. 4 are technically non-textual; however, since there is no circumstance in which its effects do not apply they are represented here as if they were textual for convenience.
F60
Repealed (2.05.2002) by Valuation Act 2001 (13/2001), s. 8 and sch. 1, S.I. No. 131 of 2002.
F61
Repealed (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 17, S.I. No. 243 of 1994.
F62
Deleted (14.07.1964) by Fisheries (Amendment) Act 1964 (23/1964), s. 2(c), commenced on enactment.
Modifications (not altering text):
C33
References in subss. (2)-(4) to “regional board” construed (1.07.2010) as references to “IFI” by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2), commenced on enactment. Note “board of conservators” previously construed (29.10.1980) as reference to “regional board”, see further E-note below.
Transfer of functions to IFI.
8.— …
(3) (a) The Acts specified in Schedule 2 are amended on the establishment day as indicated in that Schedule.
…
SCHEDULE 2
Consequential Amendments of Certain Acts
Section 8
PART 1
Amendment of Fisheries (Consolidation) Act 1959
…
(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth Schedule) in the provisions of the Principal Act specified in subparagraph (2) shall each be construed and have effect as if they were references to Inland Fisheries Ireland.
(2) The provisions of the Principal Act referred to in subparagraph (1) are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2), 57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).
C34
References construed (1.01.1983) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 5(1), in effect as per art. 4.
5. (1) Subsection (1) of section 55 (inserted by paragraph 1(d) of the Fourth Schedule to the Act of 1980) of the Principal Act shall, be construed to have effect as requiring every regional board, not later than the 31st day of December, 1982, as regards the transitional period to strike on all fisheries within its fisheries region (which appear in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner for Valuation by the 1st day of December, 1981, and are not distinguished therein by the said Commissioner pursuant to section 2 of the Valuation (Ireland) Act 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of the regional board's expenditure for the transitional period.
…
C35
Section applied with modifications (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(3)(b), commenced on enactment.
(3) …
(b) Where a regional board strikes a rate on fisheries, the Minister in considering whether to confirm the rate with or without modification or to exercise the power conferred on him by section 55 of the Principal Act to strike a rate shall have regard to any relevant recommendation made by the Central Board under section 8(1)(d) of this Act.
…
Editorial Notes:
E65
Previous affecting provision: references in subss. (3), (4), (5) construed for transitional period (1.10.1982) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 5(2)(a), (b), (c), in effect as per art. 5(2); ceased (31.12.1982) as per art. 5(2).
E66
Previous affecting provision: references in subss. (2)-(4) to “board of conservators” construed (29.10.1980) as references to “regional board” by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 paras. 2(a), 2(b); superseded (1.07.2010) as per C-note above.
E67
Previous affecting provision: subss. (6), (7) amended (14.07.1964) by Fisheries (Amendment) Act 1964 (23/1964), s. 2(b), commenced on enactment; subs. (6) repealed (2.05.2002) as per F-note above; subs. (7) repealed (1.08.1994) as per F-note above.
E68
Previous affecting provision: subs. (3) amended (14.07.1964) by Fisheries (Amendment) Act 1964 (23/1964), s. 2(a), commenced on enactment; subs. (3) substituted (1.01.1983) as per F-note above.
E69
Previous affecting provision: subs. (1) amended (14.07.1964) by Fisheries (Amendment) Act 1964 (23/1964), s. 2(a), commenced on enactment; subs. (1) substituted (18.03.1980) as per F-note above.