Fisheries (Commissions) Act, 1997

In short

This law validates a specific order and actions related to the Southern Regional Fisheries Commission, ensuring their legal effectiveness despite initial irregularities. It also amends a previous Act to provide indemnification for commission members.

What it regulates

The legal validity of the "Fisheries (Amendment) Act, 1995 (Southern Regional Fisheries Commission) Order, 1996".
The legal validity of actions taken by or on behalf of the Southern Regional Fisheries Commission and its member, Seamus Keating, between February 21, 1996, and January 14, 1997.
The extension of the aforementioned order until February 22, 1998, or an earlier date specified by the Minister.
The indemnification of members of commissions against liabilities arising from their functions.

Who it concerns

The Southern Regional Fisheries Commission.
Seamus Keating, as a member of the Commission.
The Minister of State at the Department of the Marine.
The Southern Regional Fisheries Board.

Key points

The "purported order" (Fisheries (Amendment) Act, 1995 (Southern Regional Fisheries Commission) Order, 1996) is validated and deemed to have been valid since February 21, 1996.
All actions by or for the Commission or Seamus Keating between February 21, 1996, and January 14, 1997, are validated.
The validation is subject to constitutional limitations to avoid conflict with any person's constitutional rights.
Section 5 of the Fisheries (Amendment) Act, 1995, is amended to indemnify each commission member against actions, expenses, costs, claims, demands, and other liabilities.

Legal text

Fisheries (Commissions) Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Fisheries (Commissions) Act, 1997 Fisheries (Commissions) Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 1 of 1997 FISHERIES (COMMISSIONS) ACT, 1997 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Validation of order. 3. Validation of actions. 4. Validation to be subject to constitutional limitations. 5. Extension of order. 6. Member of Commission to continue in office. 7. Amendment of section 5 of Fisheries (Amendment) Act, 1995, and application of amendment. 8. Name in which prosecutions to be deemed to be brought or continued. 9. Short title, collective citation and construction. Acts Referred to Fisheries Acts, 1959 to 1995 Fisheries Act, 1980 1980, No. 1 Fisheries (Amendment) Act, 1995 1995, No. 27 Number 1 of 1997 FISHERIES (COMMISSIONS) ACT, 1997 AN ACT TO PROVIDE FOR CERTAIN VALIDATIONS, TO AMEND THE FISHERIES (AMENDMENT) ACT, 1995 , TO PROVIDE FOR THE INDEMNIFICATION OF MEMBERS OF COMMISSIONS UNDER THAT ACT, AND FOR RELATED PURPOSES. [12th February, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—

(1)In this Act— “the Act” means the Fisheries (Amendment) Act, 1995 ; “the Commission” means the Southern Regional Fisheries Commission established by the purported order; “the purported order” means the document titled Fisheries (Amendment) Act, 1995 (Southern Regional Fisheries Commission) Order, 1996, signed on the 21st day of February, 1996, by the Minister of State at the Department of the Marine, purportedly in exercise of powers conferred by section 3

(1)of the Act and the Marine (Delegation of Ministerial Functions) (No. 2) Order, 1995 ( S.I. No. 199 of 1995 ), and published as Statutory Instrument No. 51 of 1996.

(2)In this Act— (

a)a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended, and (
b)a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended. Validation of order. 2.—The purported order is hereby validated and shall be deemed always and for all purposes to have been as valid and effectual as if duly made by the Minister on the 21st day of February, 1996 (and all conditions precedent to the exercise of the power to make the order shall be deemed to have been satisfied) under and in accordance with the Act. Validation of actions. 3.—Without prejudice to the generality of section 2 , everything done or purported to have been done during the period commencing on the 21st day of February, 1996, and ending on the 14th day of January, 1997, by, to or on behalf or in respect of the Commission or Seamus Keating while purporting to be a member of and to constitute the Commission shall be, and be deemed always to have been, as valid and effectual for all purposes as if— (
a)the Minister of State at the Department of the Marine, at the time of signing the purported order, had the power to make the order and all conditions precedent to the exercise of that power had been satisfied, (
b)the purported order had been validly made under the Act, (
c)the Commission had been validly established under the Act with its functions as provided by the purported order, and (
d)Seamus Keating had, under section 5

(2)of the Act, been validly appointed as a member of the Commission, and the terms and conditions (including terms and conditions relating to remuneration and allowances) of Seamus Keating as a member of the Commission shall be, and shall be deemed always and for all purposes to have been, as if he had been duly appointed as a member with effect from the 26th day of February, 1996. Validation to be subject to constitutional limitations. 4.—If, because of any validation expressed to be effected by section 2 or 3 , those sections or either of them would, but for this section, conflict with a constitutional right of any person, the validation shall be subject to such limitation as is necessary to secure that it does not so conflict, but shall be otherwise of full force and effect. Extension of order. 5.—The purported order is hereby extended until the expiration of the 22nd day of February, 1998, or such earlier date as the Minister may, by notice published in the Iris Oifigiúil, specify, and as so extended shall have full force and effect for all purposes as if duly extended under section 9

(1)of the Act. Member of Commission to continue in office. 6.—Seamus Keating is, shall be deemed always to have been, and subject to the Act shall continue in office as, a member of the Commission as if duly appointed as a member by the Minister with effect from the 26th day of February, 1996, for the life of the Commission. Amendment of section 5 of Fisheries (Amendment) Act, 1995 , and application of amendment. 7.—

(1)Section 5 of the Act is hereby amended by inserting the following subsection after subsection

(3): “(3A) The Minister shall indemnify each member of a commission against all and any actions, expenses, costs, claims, demands and other liabilities in respect of any action by or omission of the commission or member in the performance or exercise (or purported performance or exercise) of the commission's or member's functions or powers under or in pursuance of this Act.”.

(2)The amendment effected by subsection

(1)shall extend to and in relation to actions and omissions of the Commission or Seamus Keating occurring before the commencement of this Act. Name in which prosecutions to be deemed to be brought or continued. 8.—

(1)All prosecutions to enforce any provision of the Fisheries Acts, 1959 to 1995, brought before the commencement of this Act by, in the name of or upon the complaint of the Commission shall be deemed to have been brought by, in the name of or upon the complaint of the Southern Regional Fisheries Board established under the Fisheries Act, 1980 , and the name of the Board shall be substituted in the proceedings for that of the Commission, and the proceedings shall not abate or be taken to have abated by reason of such substitution.

(2)Any prosecution to enforce any provision of the Fisheries Acts, 1959 to 1995, brought, but not concluded, before the commencement of this Act by, in the name of or upon the complaint of the Southern Regional Fisheries Board (including any prosecution which, pursuant to subsection

(1), shall be deemed to have been brought by, in the name of or upon the complaint of the Board) may be continued after that commencement as if it had been brought by, in the name of or upon the complaint of the Commission, and the name of the Commission shall be substituted in the proceedings for that of the Board, and the proceedings shall not abate or be taken to have abated by reason of such substitution. Short title, collective citation and construction. 9.—

(1)This Act may be cited as the Fisheries (Commissions) Act, 1997.

(2)The Fisheries Acts, 1959 to 1995, and this Act may be cited together as the Fisheries Acts, 1959 to 1997, and shall be construed together as one. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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