Fisheries (Consolidation) Act 1959
Collection and recovery of fishery rate.
59.—(1) Fishery rate payable to a board of conservators shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board.
(2) Fishery rate payable to F66[Inland Fisheries Ireland may be recovered at the suit of Inland Fisheries Ireland] as a simple contract debt in any court of competent jurisdiction.
(3) Where any person (in this subsection referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay any moiety of such fishery rate within one month after the date on which such moiety is required by subsection (5) of section 55 to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover it) from the rated person or from any person who, when such fishery rate was made or at any subsequent time, held, used or occupied the said fishery, and, if such last-mentioned person is a tenant of the rated person, he may, unless the contract of tenancy provides for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the rated person.
Annotations
Amendments:
F66
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 6, S.I. No. 262 of 2010.
Modifications (not altering text):
C38
References in subs. (1) 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).
Editorial Notes:
E75
Previous affecting provision: references construed for transitional period (1.10.1982) by Fisheries (Alteration of Fishery Year) Order 1982 (S.I. No. 328 of 1982), art. 5(2)(f), in effect as per art. 5(2); ceased (31.12.1982) as per art. 5(2).
E76
Previous affecting provision: references in subs. (1) 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), (b); superseded (1.07.2010) as per C-note above.
E77
Previous affecting provision: subs. (2) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(f), commenced on enactment; superseded (1.07.2010) as per F-note above.