SEA FISHERIES ACT, 1952

FIRST SCHEDULE. An Bord Iascaigh Mhara.

An Bord Iascaigh Mhara.

Section 14.

Incorporation.

1. The Board shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in their corporate name and to hold land.

Membership.

2. (1) The Board shall consist of six members of whom one shall be Chairman. Not more than three of the members shall be or have been members of the Civil Service.

(2) The Chairman and the other members shall be appointed by the Minister.

(3) Subject to subparagraph (4), each member shall be appointed for a period of two years.

(4) Where a vacancy occurs amongst the members, the person appointed to fill the vacancy shall hold office for the remainder of the period for which his predecessor was appointed.

(5) A retiring member may be re-appointed.

(6) Each member shall hold office upon such terms as may be fixed by the Minister when appointing him and shall receive such fees and allowances as may from time to time be determined by the Minister with the consent of the Minister for Finance.

(7) The Minister may remove a member from office.

(8) A member may resign his office.

Procedure.

3. (1) The quorum at a meeting of the Board shall be two.

(2) The Board may act notwithstanding vacancies in their membership.

(3) When the Chairman is absent from a meeting of the Board or if the office of Chairman is vacant, the members who are present shall select one of their number to act as Chairman of the meeting.

(4) Every question at a meeting of the Board shall be decided by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

Seal of the Board.

4. (1) The seal of the Board shall, when applied to a document, be attested by the signature of any two members.

(2) All courts of justice shall take judicial notice of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal of the Board and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Exercise of functions.

5. (1) The Board may exercise and perform any of their functions through or by any member or sub-committee of members authorised by the Board in that behalf.

(2) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.

Disclosure by members of the Board of interest in proposed contract.

6. A member of the Board who has—

(a) any interest in any company or concern with which the Board propose to make any contract, or

(b) any interest in any contract which the Board propose to make,

shall disclose to the Board the fact of such interest and the nature thereof, and shall not be present during any discussion by the Board relating to such contract, and such disclosure shall be recorded in the minutes of the Board.

Officers and servants of the Board.

7. (1) The Board shall appoint such and so many officers and servants as the Board from time to time think proper.

(2) The Board may at any time remove any officer or servant of the Board from being such officer or servant.

(3) There shall be paid by the Board to their officers and servants out of funds at their disposal such remuneration and allowances as the Board shall determine.

(4) The officers of the Board may, with the consent of the Minister, include a manager whose appointment and terms of office shall be subject to the approval of the Minister.

(5) The Board may, if they so think fit, for the purpose of the appointment of a person to fill a situation in the service of the Board request the Local Appointments Commissioners to recommend to them a person for appointment to such situation, and the Commissioners on receiving such request shall select and recommend under and in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), to the Board a person for appointment to such a situation and shall, if they so think proper, select and recommend to the Board two or more persons for such appointment, and the Board on receiving from the Commissioners such recommendation shall appoint to such situation the person so recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as the Board think proper.

(6) The Board shall pay to the Local Appointments Commissioners out of the funds at their disposal such expenses in respect of the selection and recommendation by the Commissioners under this paragraph of persons to fill situations in the service of the Board as shall be fixed by agreement between the Board and the Commissioners with the consent of the Minister for Finance or, in default of such agreement, by the Minister for Finance.

(7) Every sum received by the Local Appointments Commissioners under subparagraph (6), shall be deemed for the purposes of paragraph (b), of subsection (2), of section 12, of the Local Authorities (Officers and Employees) Act, 1926, to be a fee paid to the Commissioners under that Act.

(8) Every person who, immediately before the commencement of Part III, was employed by the Irish Sea Fisheries Association, Limited, shall, upon such commencement, become a member of the staff of the Board on the same conditions as those subject to which he was so employed.

Reports and information by the Board.

8. (1) The Board shall in each year, at such date and in such form as the Minister may direct, make to the Minister a report of their proceedings under this Act during the preceding year.

(2) The Board shall furnish to the Minister at such times and in such form and manner as the Minister may direct such information, with regard to the performance of their functions, as the Minister may require.

Accounts and audits.

9. (1) The Board shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by them, including a capital account, revenue account, profit and loss account, and a balance sheet, and in particular shall keep in such form as aforesaid all such special accounts as the Minister on his own motion, or at the request of the Minister for Finance shall from time to time direct.

(2) The accounts of the Board for each year shall be audited within ninety days or such longer time as the Minister may in any particular case allow after the end of that year and shall be the subject of a report by duly qualified auditors appointed annually for the purpose by the Minister, with the consent of the Minister for Finance, and the fees of such auditors and the expenses generally of such audits shall be paid by the Board.

(3) The Minister may with the consent of the Minister for Finance appoint the time, place, and method of conducting the audit of the accounts of the Board under this paragraph and may also appoint the accounts of which copies are to be furnished to the Minister under this paragraph and the accounts which are to be published and put on sale under this paragraph and the time and method of such publication and sale.

(4) Immediately after every audit under this paragraph of the accounts of the Board, the Board shall send to the Minister a copy of the capital account, revenue account, profit and loss account and balance sheet as certified by the auditors, a copy of the auditors' report, and copies of such of the accounts submitted to the auditors as are appointed in that behalf under this paragraph or may be specially called for by the Minister, and shall publish and put on sale such of the accounts submitted to the auditors as are appointed in that behalf by the Minister.

SECOND SCHEDULE. An Comhlachas Iascaigh Mhara.

An Comhlachas Iascaigh Mhara.

Section 23.

Committee.

1. The Association shall be managed by a Committee consisting of—

(a) four representatives of seafishermen,

(b) one representative of the retail fish trade,

(c) one representative of the wholesale fresh fish trade, and

(d) two representatives of the distributive fish trade, other than the retail fish trade and the wholesale fresh fish trade.

Provisional Committee.

2. (1) Pending the election of members of the Committee in accordance with paragraph 8, the Association shall be managed by a provisional Committee consisting of—

(a) those persons who were the elected directors of the dissolved body immediately before its dissolution, and

(b) four other persons appointed by the Minister after consultation with the Board, of whom one shall be a member of the retail fish trade, one of the wholesale fresh fish trade and two shall be members of the distributive fish trade, other than the retail fish trade and the wholesale fresh fish trade.

(2) The Minister shall nominate one of the members of the provisional Committee to be Chairman of the Association.

(3) The provisional Committee shall hold office for a period not exceeding twelve months.

(4) The provisional Committee shall make all necessary arrangements for the election of members of the Committee in accordance with paragraph 8.

(5) The Committee and the provisional Committee may act notwithstanding vacancies in their membership.

(6) Where a vacancy occurs in the membership of the provisional Committee the Minister may appoint a person to fill the vacancy.

(7) In the subsequent paragraphs references to the Committee shall, save where the context otherwise requires, be read as including reference to the provisional Committee.

Chairman.

3. (1) At each annual general meeting the Association shall elect from amongst the members of the Committee a person to be Chairman of the Association.

(2) The Chairman shall go out of office on the election of his successor.

(3) An outgoing Chairman shall be eligible for re-election.

(4) Where the Chairman is temporarily unable to act, the Committee may appoint a person to act in his place and the person so acting shall, for the purposes of this Act, be deemed to be Chairman of the Association.

Secretary.

4. (1) The Committee of the Association may, if it thinks fit, appoint a Secretary on such terms and conditions as may be approved by the Board.

(2) The remuneration and expenses of the Secretary shall be defrayed out of moneys held by the Board in trust for the Association.

Procedure at meetings of Committee.

5. (1) At a meeting of the Committee the Chairman of the Association shall be chairman of the meeting.

(2) Every question at a meeting of the Committee shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(3) The quorum for a meeting of the Committee shall be four.

(4) Subject to the provisions of this Act, the Committee shall regulate, by standing orders or otherwise its procedure and business.

Travelling and maintenance expenses.

6. Members of the Committee shall be paid, out of moneys provided by the Board, travelling and maintenance expenses in respect of attendance at meetings of the Association or the Committee, to such extent as the Board may from time to time decide.

Membership.

7. (1) The Committee shall keep the following registers of members—

(a) a register of seafishermen,

(b) a register of persons carrying on business in the retail fish trade,

(c) a register of persons carrying on business in the wholesale fresh fish trade,

(d) a register of persons carrying on business in the distributive fish trade, other than the retail fish trade and the wholesale fresh fish trade.

(2) Applications for membership of the Association shall be made to the Committee in such manner as the Committee may provide.

(3) If any question arises whether a person is entitled to become or continue to be a member of the Association or as to the register in which he ought to be registered the question shall be decided by the Committee.

(4) The Committee may at any time terminate the membership of any person who is, in their opinion, no longer entitled to be a member of the Association.

(5) If any person is dissatisfied with the decision of the Committee he may apply to the Board to decide the question and the decision of the Board shall be final.

(6) A member being a body corporate or an unincorporated body of persons may exercise its functions as such only by means of an individual duly nominated by it from time to time to be its representative, and the representative shall for the purposes of this Act be deemed to be a member of the Association and to be entered in the register in the place of the member that he represents.

(7) The Committee shall furnish the Board with such information in regard to membership of the Association as the Board may from time to time require.

Elections to the Committee.

8. (1) Elections of members of the Committee of the Association shall be carried out in accordance with this paragraph.

(2) (a) For the purpose of the election of the four representatives of seafishermen there shall be four electoral divisions, namely—

(i) Electoral Division A, comprising the counties of Dublin, Louth, Meath, Waterford, Wexford and Wicklow,

(ii) Electoral Division B, comprising the counties of Cork, Kerry and Limerick,

(iii) Electoral Division C, comprising the counties of Clare, Galway and Mayo,

(iv) Electoral Division D, comprising the counties of Donegal, Leitrim and Sligo.

(b) Each electoral division shall elect one representative.

(c) The electorate for each electoral division shall consist of each person entered in the register of seafishermen whose address as given in the register is within that electoral division.

(d) A person whose address as given in the register is not in any of the counties mentioned in clause (a) shall be a member of the electorate for the electoral division of his choice.

(3) The electorate for the several elections of the trade representatives referred to in clauses (b), (c) and (d) of paragraph 1 shall consist of the persons entered in the appropriate register under paragraph 7.

(4) Where there is a failure to elect a representative under subparagraph (2) or subparagraph (3) the Minister may appoint any individual to be the representative.

(5) An election of members of the Committee shall be held in the year 1953 and in every third successive year thereafter.

(6) (a) The polling for the election to be held in any year shall be completed at least seven days before the date for which the annual general meeting of that year is convened.

(b) The members of the Committee for the time being in office shall hold office until the declaration of the result of the election at the annual general meeting, whereupon the persons so elected shall take up office.

(7) No person shall be entitled to be a candidate for the election of a representative except an individual who is a member of the electorate for that election.

(8) The Minister may make rules for the conduct of elections under this section.

Casual vacancies in Committee.

9. (1) Where a casual vacancy arises amongst the representatives of seafishermen on the Committee, the Committee may co-opt to fill the vacancy an individual for the time being entered in the register of seafishermen members whose address as given in the register is within the same electoral division as that which the outgoing member represented.

(2) Where a casual vacancy arises amongst the members of the Committee other than the representatives of seafishermen the Committee may co-opt to fill the vacancy an individual for the time being entered on the same register as the outgoing member.

General meetings of Association.

10. (1) The Committee shall in the year 1953 and every subsequent year convene an annual general meeting of the Association.

(2) The Chairman of the Association shall preside at each general meeting.

(3) The quorum at a general meeting shall be twelve.

(4) Subject to the provisions of this Act, the Committee shall regulate, by standing orders or otherwise, the procedure and business of general meetings of the Association.

Facilities to be provided for the Association by the Board.

11. (1) The Board shall in every year provide accommodation for the holding in Dublin or in such other place as may be agreed upon by the Board and the Committee of four meetings of the Committee and for one general meeting of the Association.

(2) The Board may, at the request of the Committee, make available the services of members of their staff to act as secretary at the meetings of the Committee and the Association for which accommodation is provided under this paragraph and to conduct elections and perform the general clerical work of the Association.

(3) (a) During the period of twelve months from the establishment of the Association, the Board shall make no charge for the services so provided or for any outlay incurred in connection therewith.

(b) Thereafter, the Association shall pay the Board for such services and outlay such sums as may from time to time be agreed between the Committee and the Board or as may, in default of agreement, be fixed by the Minister, and the Board may recoup themselves the amount thereof out of moneys held by them for the Association.

Finances of the Association.

12. (1) An entrance fee shall be payable by every person becoming a member of the Association, except a person who becomes a member by virtue of subsection (3) of section 23.

(2) The entrance fee shall be—

(a) for a seafisherman, one shilling;

(b) for any other person, five shillings.

(3) Each member shall pay an annual subscription of five shillings, which shall become due and payable on the 1st day of July.

(4) Notwithstanding anything to the contrary in section 23 or in this Schedule, a member shall not be entitled to be present or represented at a meeting of the Committee or of the Association or to be reckoned for the purpose of a quorum or to be a member of an electorate under paragraph 8 whilst any sum due and payable by him in respect of entrance fee or subscription remains unpaid.

(5) Entrance fees and subscriptions shall be taken and collected by the Committee who shall transmit all moneys so received to the Board to hold on behalf of the Association.

(6) The Board shall act as trustees of the Association for all moneys received by them on its behalf and shall make such disbursements thereout as the Committee of the Association may duly request.

(7) The Board shall keep all proper and usual accounts of moneys received or expended by them on behalf of the Association and shall, as soon as may be after the end of each year, present to the Committee of the Association a statement of accounts for that year, audited by qualified auditors appointed annually for that purpose by the Minister, with the consent of the Minister for Finance, and the fees of such auditors and the expenses generally of such audits shall be paid out of the moneys of the Association.