The Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/160/made/data.htm?wrap=true
Published: 1996-01-30

Statutory Instruments
1996 No. 160

SEA FISHERIES
The Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996

Made
30th January 1996

Laid before Parliament
2nd February 1996

Coming into force
1st March 1996

Whereas the Sea Fish Industry Authority (hereinafter referred to as “the Authority”) has made the Sea Fish Industry Authority (Levy) Regulations 1995 (hereinafter referred to as “the Regulations”);
And whereas the Authority has transmitted to the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland (hereinafter referred to as “the Ministers”) the objections to the Regulations which have been duly made to the Authority and have not been withdrawn and the Ministers have considered such objections;
And whereas the Ministers, after consultation with the Authority, have considered it desirable to make such modifications in the Regulations as hereinafter appear;

Now, therefore, the Ministers, in exercise of the powers conferred on them by section 4(2) and (10) of the Fisheries Act 1981(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996 and shall come into force on 1st March 1996.

Confirmation

2.—(1) The Regulations, having been modified in the manner specified in paragraph (2) below, are hereby confirmed and are set out in the Schedule to this Order.

(2) The modifications mentioned in paragraph (1) above are as follows—

(a)in regulation 2, for the definition of “canned or bottled fish”, there shall be substituted the following definition—

“canned or bottled fish” means fish or sea fish products packed in an hermetically sealed container which is processed to inhibit microbial growth at ambient temperature,

(b)
in regulation 4(1) after the words “by every person” there shall be inserted the words “engaged in the sea fish industry”.

Revocation

3.  The Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989(2) and the Sea Fish Industry Authority (Levy) (Amendment) Regulations 1992 Confirmatory Order 1992(3) are hereby revoked.

Tony Baldry
Minister of State,Ministry of Agriculture, Fisheries and Food
30th January 1996

Raymond S. Robertson
Parliamentary Under Secretary of State,
Scottish Office
18th January 1996

Signed by authority of the Secretary of State for Wales

Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
19th January 1996

Patrick Mayhew
Secretary of State for Northern Ireland
26th January 1996

Article 2

SCHEDULETHE SEA FISH INDUSTRY AUTHORITY (LEVY) REGULATIONS 1995

Whereas it appears to the Sea Fish Industry Authority (hereinafter referred to as “the Authority”) that it is desirable for the purpose of financing its activities to impose a levy on persons engaged in the sea fish industry in respect of sea fish and sea fish products, such levy to be payable either on the firsthand sale or trans-shipment within British fishery limits by way of firsthand sale or on the landing(4) of sea fish and sea fish products.
Now therefore, the Authority in exercise of the powers conferred on it by sections 4 and 5 of the Fisheries Act 1981 hereby makes the following Regulations:
Citation and Commencement

1.  These Regulations may be cited as the Sea Fish Industry Authority (Levy) Regulations 1995 and shall come into force on the day on which the Confirmatory Order by Ministers comes into force.

Interpretation

2.  In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

“canned or bottled fish” means fish or sea fish products packed in an hermetically sealed container which is processed to inhibit microbial growth at ambient temperature;

“cultivation” means the rearing and nurturing of sea fish which is carried out over a period of six months or more;

“firsthand sale” means—

(a)
in relation to any sea fish or sea fish product which has been first landed in the United Kingdom the first sale thereof (other than a sale by retail) whether prior to or after landing in the United Kingdom;

(b)
in relation to any sea fish or sea fish product which has been first landed outside the United Kingdom and any sea fish product manufactured outside the United Kingdom from such sea fish or sea fish product which in either case is purchased by a person carrying on business in the sea fish industry and is imported or brought into the United Kingdom for the purposes of any such business, the first sale thereof (whether in the United Kingdom or elsewhere) to such a person as aforesaid;

(c)
in relation to any sea fish or sea fish product which is trans-shipped within British fishery limits, the first sale thereof;

“pelagic fish” means herring, mackerel, pilchard, sprat, scad or whitebait;

“sale by retail” means a sale to a person buying otherwise than for the purpose of resale or processing or use as bait, and includes a sale to a person for the purposes of a catering business (other than a fish frying business); and “sell by retail” has a corresponding meaning;

“week” means a period of seven consecutive days ending at midnight on any Saturday;

“wholesale merchant” means a person selling or offering for sale sea fish or sea fish products otherwise than by retail.

Savings

3.  Any record kept pursuant to regulation 3 of the Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989 shall be kept for a further period of two years from the date these Regulations came into force.

Imposition of Levy

4.—(1) There shall be paid to the Authority subject to and in accordance with the provisions of these Regulations by every person engaged in the sea fish industry who—

(a)purchases any sea fish or any sea fish product on a firsthand sale; or

(b)trans-ships within British fishery limits any sea fish or any sea fish product by way of firsthand sale; or

(c)lands any sea fish or sea fish product in the United Kingdom for subsequent sale other than in the United Kingdom;

a levy (hereinafter referred to as “the levy”) at the rate per kilogram set out in the second column of the Schedule hereto in respect of any sea fish or sea fish product specified opposite thereto in the first column of the said Schedule so purchased or trans-shipped or landed by him.

(2) The levy shall not be payable in respect of any live sea fish purchased for cultivation or in respect of canned or bottled sea fish or sea fish products.

(3) If any sea fish or any sea fish product is purchased on a firsthand sale through or from a wholesale merchant the levy shall be paid to the Authority by the said wholesale merchant, who shall be entitled to recover as a civil debt from the purchaser of such sea fish or sea fish product a sum equal to the amount of the levy so paid.

(4) Where the levy becomes payable by any person in respect of any sea fish or sea fish product trans-shipped within British fishery limits by way of firsthand sale by him, it shall not be payable by any person who subsequently purchases such fish or fish product.

(5) Where any sea fish or sea fish product is trans-shipped by way of sale within British fishery limits more than once, the levy shall be payable in respect of the first such trans-shipment only.

(6) Where the levy becomes payable in respect of any sea fish it shall not be payable in respect of the products of such sea fish.

Time Limits for Payment

5.—(1) Levy payable by a person who purchases any sea fish or sea fish product on a firsthand sale shall be paid to the Authority within seven days after the end of—

(a)the week during which there took place the firsthand sale of the fish or fish product in respect of which the levy is payable; or

(b)the week during which such fish or fish product was imported or brought into the country;

whichever is the later.

(2) Levy payable by a person who trans-ships any sea fish or sea fish product by way of firsthand sale shall be paid to the Authority within seven days after the end of the week during which there took place the trans-shipment of the fish or fish product in respect of which the levy is payable.

(3) Levy payable by a person who lands any sea fish or sea fish product for subsequent sale other than in the United Kingdom shall be paid to the Authority within seven days after the end of the week during which there took place such landing of the fish or sea fish product in respect of which the levy is payable.

Keeping of Records

6.—(1) Every person engaged in the sea fish industry who:

(a)sells sea fish or sea fish products otherwise than by retail;

(b)who trans-ships within British fishery limits by way of firsthand sale any sea fish or sea fish products;

(c)lands any sea fish or sea fish products for sale outwith the United Kingdom;

shall keep or cause to be kept for a period of 3 years an accurate record of all such purchases, trans-shipments or landings including in respect of each purchase, sale, trans-shipment or landing—

(i)the date,

(ii)the name and address of the seller or purchaser or the names of the vessels from which any trans-shipment was made together with their places of registration and registration numbers or the name and address of the person making the landing,

(iii)the description of sea fish or sea fish product purchased, sold or landed,

(iv)the net weight of each description of sea fish or sea fish product purchased, sold or landed,

(v)the price invoiced, and

(vi)the place of landing or import.

(2) In respect of every purchase, sale or trans-shipment of sea fish or sea fish product which it is customary or usual to sell, purchase or trans-ship by reference to a method of calculation of quantity other than a calculation by weight, the records which are required to be kept under paragraph (1) of this regulation shall, in addition to and not in derogation of the requirements of that paragraph, include particulars expressed by reference to the said method of calculation of quantity.

(3) The retention by any person of an accurate invoice or a copy thereof shall, as respects any of the matters mentioned in paragraphs (1) and (2) of this regulation of which sufficient particulars are contained therein, be deemed to be to that extent a compliance by that person with the provisions of the said paragraphs.

Making of Returns

7.—(1) Every person required to keep records in accordance with regulation 6 and who is liable to pay levy under regulation 1 hereof shall make returns to the Authority on a duly completed form prescribed for this purpose from time to time by the Authority in respect of each transaction so leviable. Such returns shall include the information in respect of which they are required to keep records in the said regulation 6.

(2) The returns required to be made in accordance with paragraph (1) above shall be made at the same time a levy is paid in accordance with regulation 1.

Revocation

8.  The Sea Fish Industry Authority (Levy) Regulations 1988 as amended by the Sea Fish Industry Authority (Levy) (Amendment) Regulations 1990 and the Sea Fish Industry Authority (Levy) (Amendment) Regulations 1992 are hereby revoked.

SCHEDULERATES OF LEVY IN RESPECT OF SEA FISH AND SEA FISH PRODUCTS

(1)
(2)
Rate per kilogram

Sea Fish or Sea Fish Products
New Rate
(5)Old Rate

Sea Fish

Sea fish other than cockles or mussels or whelks or pelagic fish sold on a firsthand sale or pelagic fish trans-shipped within British fishery limits or sea fish sold for fishmeal production
0.8400p
(0.7400p)

Cockles or mussels sold on a firsthand sale
0.2400p
(0.2114p)

Whelks sold on a firsthand sale
0.4200p
(0.3700p)

Pelagic fish sold on a firsthand sale or trans-shipped within British fishery limits
0.2400p
(0.2114p)

Sea fish sold for fishmeal production
0.0350p
(0.0350p)

Sea Fish Products
Fresh, frozen or chilled sea fish

Gutted
0.8400p
(0.7400p)

Headless and gutted
1.1200p
(0.9867p)

Fillets, skin on
1.6800p
(1.4800p)

Fillets, skinless
2.1000p
(1.8500p)

Fresh, frozen or chilled pelagic fish

Gutted
0.2400p
(0.2114p)

Headless and gutted
0.3200p
(0.2819p)

Fillets, skin on
0.4800p
(0.4229p)

Fillets, skinless
0.6000p
(0.5286p)

Cockles or mussels or whelks without shell
0.8400p
(0.7400p)

Smoked Sea Fish

Headless and gutted
1.4000p
(1.2333p)

Fillets, skin on
2.1000p
(1.8500p)

Fillets, skinless
2.2400p
(1.9733p)

Smoked Pelagic Fish

Headless and gutted
0.4000p


Fillets, skin on
0.6000p


Fillets, skinless
0.6400p


Salted and Cured Sea Fish

Wet
0.7000p
(0.7000p)

Dried
1.0500p
(1.0500p)

Sea fish products sold for fishmeal
0.0350p
(0.0350p)

Sea fishmeal
0.1750p
(0.1750p)

Any sea fish product not referred to above
1.6800p
(1.4800p)

Any pelagic fish product not referred to above
0.4800p


The Common Seal of the Sea Fish Industry Authority was hereunto affixed on the Eleventh day of October 1995 in the presence of:—

L.S.
Barry Skipper
Member:

P. D. Chaplin
Secretary:

Explanatory Note

(This note is not part of the Order)
This Order confirms, after modifications, regulations made by the Sea Fish Industry Authority imposing for the purpose of financing its activities a levy in respect of sea fish and sea fish products landed in the United Kingdom or trans-shipped within British fishery limits (article 2).
The Order replaces and revokes the Sea Fish Industry Authority (Levy) Regulations 1988 Confirmatory Order 1989 (S.I. 1989/425), as amended by the Sea Fish Industry Authority (Levy) (Amendment) Regulations 1992 Confirmatory Order 1992 (S.I. 1992/1386) (article 3).


(1)
1981 c. 29; section 4(3)(a) and (4) was amended by S.I. 1990/1641; section 14(1) contains a definition of “the Ministers”.

(2)
S.I. 1989/425.

(3)
S.I. 1992/1386.

(4)
“Landing” includes fish and fish products which are transferred into the United Kingdom through the Channel Tunnel (see S.I. 1994/1390).

(5)
The figures in italics are rates of levy under these Regulations before the coming into force of the Sea Fish Industry Authority (Levy) Regulations 1995.
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