Sea Fisheries (Shellfish) Act 1967

SCHEDULE 1 Provisions with Respect to Making of Orders Under Section 1

Section 1. 1 Where an application for an order under section 1 of this Act is made to the appropriate Minister, that Minister may either refuse the application or prepare a draft order and serve a copy of it on the applicants. 2 Where a draft order is prepared and a copy thereof served on the applicants under paragraph 1 above, the applicants shall cause printed copies of the draft order to be published and circulated in such manner as the appropriate Minister thinks sufficient and proper for giving information to all parties interested, and shall give notice of the application, in such manner as that Minister directs or approves, to the owners or reputed owners, lessees or reputed lessees, and occupiers, if any, of the portion of the sea shore to which the proposed order relates and of the lands adjoining thereto. 3 During the period of one month after the first publication of the draft order under paragraph 2 above, the appropriate Minister shall receive any objections or representations made to him in writing respecting the proposed order. 4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Scottish Ministers Where he considers it appropriate to do so, the appropriate Minister may as soon as conveniently may bemay as soon as reasonably practicable after the expiration of the period of one month referred to in paragraph 3 above appoint some fit person to act as inspector respecting the proposed order. (3) The inspector shall proceed to make an inquiry concerning the subject matter of the proposed order, and for that purpose to hold a sitting or sittings in some convenient place in the neighbourhood of the portion of the sea shore to which the proposed order relates and thereat to take and receive any evidence and information offered, and hear and inquire into any objections or representations made respecting the proposed order with power from time to time to adjourn any sitting. (4) The inspector may for the purpose of the said inquiry take evidence, and by summons under his hand require the attendance of any person, and examine him and any person who attends before him, on oath or otherwise, as he thinks expedient, and may administer an oath or take any affidavit or declaration for the purposes of the inquiry. (5) Any person so summoned who, after tender to him of his reasonable expenses, refuses or neglects to obey the summons, and any person who refuses or neglects to answer any question which the inspector is authorised to ask, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale. (6) Not less than twenty-eight days notice shall be published in such manner as the appropriate Minister may direct of every sitting of the inquiry other than an adjourned sitting. (7) The inspector shall make a report in writing to the appropriate Minister, setting forth the result of the inquiry, and stating whether in his opinion the proposed order should be made, with or without alteration, specifying any alteration he recommends and his reasons therefor, and stating the objections and representations, if any, made on the inquiry and his opinion thereon. (8) In the application of this paragraph to Scotland, in sub-paragraph (4) for the words “summons under his hand” there shall be substituted the words “an order signed by him”, and in sub-paragraph (5) for the words “summoned” and “summons” there shall be substituted the words “ordered” and “order” respectively. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (1) As soon as conveniently may bereasonably practicable after the expiration of the period of one month referred to in paragraph 3 above or , in a case where an inspector has been appointed under paragraph 4 above, after the receipt by the appropriate Minister of any report of the inspector under paragraph 4(7) above, that Minister shall, after considering the objections or representations, if any, that have been made with respect to the proposed order and any such report, either refuse the application or settle and make an order in such form and containing such provisions as he thinks expedient. (2) Where the proposed order relates to any portion of the sea shore belonging to Her Majesty in right of the Crown, the appropriate Minister shall also have regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 or, if the portion of the sea shore is part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies, the powers and duties of the person who has the management of that portion . 7 Where the appropriate Minister makes an order under section 1 of this Act, the applicants for the order shall cause notice of the making of the order to be published in such manner as that Minister thinks sufficient for giving information to all parties interested and shall give notice of the making of the order, in such manner as that Minister directs or approves, to the owners or reputed owners, lessees or reputed lessees, and occupiers, if any, of the portion of the sea shore to which the order relates and of the lands adjoining thereto. 8 All expenses incurred by the appropriate Minister in relation to any application for an order under section 1 of this Act or to any order made in consequence thereof shall be defrayed by the applicants; and the appropriate Minister shall, if he thinks fit, on or at any time after the making of the application, require the applicants to pay to him such sum as he thinks requisite for or on account of those expenses, or to give security to his satisfaction for the payment of those expenses on demand.