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1 1980

FISHERIES ACT, 1980

PART VI

Miscellaneous

Prohibition of sale of certain fish.

56. —(1) The Minister may by order prohibit the sale and offering for sale at any time during a prescribed period in any year (which period is in this section subsequently referred to as an “annual period”) of any fish which—

(a) is of a species specified in the order, or

(b) is—

(i) caught by rod and line, and

(ii) of a species so specified.

(2) An order under this section may—

(a) apply throughout the State or in a particular area or in particular areas thereof and so specified,

(b) specify a particular annual period in relation to the whole of the State or specify different such periods in relation to different such areas.

(3) An order under this section shall apply to any fish—

(a) in case the order is made pursuant to paragraph (a) of subsection (1) of this section, of the species specified in the order, and

(b) in case the order is made pursuant to paragraph (b) of the said subsection (1), caught by rod and line and of a species specified in the order.

(4) In case an order under this section is for the time being in force, a person shall not sell or offer for sale any fish to which the order applies—

(a) in case the order applies throughout the State or to a particular area or to particular areas thereof and specifies only one annual period, at any place in either the State, such area or any such area, as may be appropriate, at any time during that period,

(b) in case the order specifies different annual periods in relation to different areas of the State, at any place in such an area at any time during the annual period so specified in relation to the area.

(5) A person who contravenes subsection (4) of this section shall be guilty of an offence and shall on summary conviction thereof be liable to a fine (not exceeding in all £600) of an amount not exceeding £500 together with an amount not exceeding £50 for each salmon and £10 for each other fish in respect of which the offence is committed.

Prohibition of sale of certain nets or netting.

57. —(1) The Minister may by order prohibit the sale of nets or netting of a prescribed class or description.

(2) A person who sells a net or netting in contravention of an order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(3) Where in any proceedings for an offence under this section—

(a) the defendant proves—

(i) that prior to the sale to which the alleged offence relates he had given to the Minister notice in writing of his intention to sell nets or netting of the relevant prescribed class or description, and

(ii) that prior to such sale he had made of the purchaser inquiries as to the purposes for which the relevant net or netting was to be used, and

(iii) that he had kept a record in the manner directed under subsection (4) of this section by the Minister of the result of his inquiries, and

(b) the defendant produces to the court such record, and, in case the defendant was requested by or on behalf of the Minister so to do, he proves that within a reasonable time he produced to an officer of the Minister such record and allowed such officer to inspect it, and

(c) the court is satisfied—

(i) that the inquiries were made in good faith, and

(ii) that in the circumstances of the case it would have been reasonable for the defendant, having regard to the results of the inquiries, to have believed that such net or netting was not to be used for or in relation to fishing he shall be acquitted of the offence.

(4) In case the Minister receives a notification in writing by a person of his intention to sell net or netting of a class or description specified in an order under this section, the Minister shall as soon as may be give to the person directions as to the manner in which a record of the results of inquiries made by him for the purposes of subsection (3) of this section is to be kept.

Register of Trout, Coarse Fish and Sea Anglers.

58. —(1) Each regional board shall establish and maintain a register to be known, and which is in this Act referred to, as a “Register of Trout, Coarse Fish and Sea Anglers”.

(2) (a) On payment of the appropriate annual subscription to a regional board a person shall be registered in accordance with paragraph (b) of this subsection in the register maintained by that board, and when applying for registration under this subsection the applicant shall, when making the application, specify in which of the following categories he wishes to be registered, namely, as a trout angler, or as a coarse fish angler or as a sea angler.

(b) On receipt of an application for registration in the register, accompanied by the appropriate annual subscription, the regional board concerned shall—

(i) in case the applicant specifies that he wishes to be registered as a trout angler, register him as such in the register,

(ii) in case the applicant specifies that he wishes to be registered as a coarse fish angler, register him as such in the register,

(iii) in case the applicant specifies that he wishes to be registered as a sea angler, register him as such in the register, and

(iv) in case the applicant fails to comply with the requirement of paragraph (a) of this subsection to specify the category in which he wishes to be registered, register him in the register as non-voting.

(c) Where on the 31st day of December in any year a person, other than a person entitled under subsection (4) of this section, is registered in a register he shall be entitled to remain so registered for the duration of the next following year if, but only if, before the day in that next following year which is the day for the time being fixed by the Minister under subsection (5) of this section he pays to the regional board by whom the register is maintained the appropriate annual subscription.

(d) Where in any year a person who on the last preceding 31st day of December was registered in a register fails before the day in that year which is the day so fixed for the time being to pay the appropriate annual subscription, the regional board by whom the register is maintained shall forthwith remove his name from the register.

(3) Any person who is registered in a register may, by an application in writing to and made so that it is received by the regional board concerned on a day in the month of January in any year, apply to such board to amend the register by changing him from the category in which he is then registered to another category to be specified in the application, and on duly receiving an application under this subsection a regional board shall allow the application and amend the register maintained by them accordingly.

(4) (a) Subject to paragraph (d) of this subsection, a person who immediately before the dissolution thereof was a life member of the Trust shall on application to a regional board, and on making a declaration in a form approved of for the purposes of this subsection by the Minister, be registered by the board in the Register of Trout, Coarse Fish and Sea Anglers maintained by the board.

(b) A person who is registered in a register under paragraph (a) of this subsection may apply in writing to have his name removed from the register and on receipt of such an application the regional board concerned shall allow the application.

(c) Paragraphs (a) and (b) of subsection (2) of this section shall apply to applications under this subsection as they apply to applications under that subsection but subject to the following modification, namely, the requirements of those paragraphs relating to annual subscriptions shall be disregarded.

(d) A person referred to in paragraph (a) of this subsection shall not be entitled to be registered by virtue of this subsection at any particular time in more than one Register of Trout, Coarse Fish and Sea Anglers maintained under this Act.

(5) The Minister may by regulations fix a day or days for the purposes of subsection (2) of this section and any such day may be so fixed in relation to—

(a) one or more particular years, or

(b) a particular year and the subsequent year thereafter, or

(c) any year.

(6) (a) References in this section to the appropriate annual subscription are references to an annual subscription of such amount as shall be fixed for the time being for the purposes of this section by the Minister, with the consent of the Minister for Finance.

(b) In this section—

register”, except where the context otherwise requires, means the Register of Trout, Coarse Fish and Sea Anglers maintained by a regional board;

registered” means registered in the register.

(c) In this section and in the next following section of this Act

life member of the Trust” includes any person who the council of the Trust, pursuant to the Articles of Association of the Trust, distinguished as a donor member.

Certain rights to fish given to former life members of Trust and to persons on Register of Trout, Coarse Fish and Sea Anglers.

59. —(1) A person who immediately before the dissolution of the Trust was a life member thereof shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted—

(a) to fish in accordance with law for trout or coarse fish in the waters of any fishery transferred to the Central Board by section 35 of this Act for so long as the interest therein so transferred to the Central Board subsists, and

(b) in case the person is for the time being by virtue of section 58 (4) of this Act registered in a Register of Trout, Coarse Fish and Sea Anglers, for so long as he is so registered, to fish in accordance with law for trout and coarse fish in the waters of any fishery—

(i) owned or occupied by the regional board by whom the register is maintained,

(ii) owned or occupied by the Central Board (whether such fishery was transferred to the Central Board by the said section 35 or was otherwise acquired by the Central Board).

(2) In case a person is registered other than by virtue of section 58 (4) of this Act in a Register of Trout, Coarse Fish and Sea Anglers, then for so long as he is so registered, he shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted to fish for trout and coarse fish in accordance with law in the waters of—

(a) any fishery owned or occupied by the regional board by whom the register is maintained, and

(b) any fishery which is owned or occupied by the Central Board.

(3) (a) An order under section 37 , 40 , 41 or 42 of this Act may provide that the foregoing provisions of this section shall not apply in relation to the fishery acquired or transferred by the order, or, in case two or more fisheries are so transferred, shall apply in relation to no such fishery, or, as may be so provided, shall apply only to such of those fisheries as the order specifies.

(b) The Minister may by order provide that the foregoing provisions of this section, other than paragraph (a) of this subsection, shall not apply in relation to a fishery acquired by the Central Board by agreement under section 37 of this Act and specified in the order.

(4) In case a fishery is by an order, either made under this section or described in subsection (3) (a) of this section, excluded from the application of subsections (1) and (2) of this section, this section shall be construed and have effect subject to the terms of the order.

Powers of Minister in operating a fishery.

60. —(1) The Minister may, for the purpose of operating a fishery owned by him, do all such things as he may consider necessary for carrying on such fishery as a commercial undertaking and which he could do if he were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following:

(a) buy and sell fish anywhere;

(b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish;

(c) carry on any business which is ancillary or incidental to the operation of such fishery;

(d) enter into contracts;

(e) employ such and so many persons as he thinks fit;

(f) purchase fishing licences;

(2) The remuneration of all persons employed in connection with the operation by the Minister of any fishery owned by him shall be determined with the consent of the Minister for the Public Service.

(3) Neither the Civil Service Commissioners Act, 1956 , nor the Civil Service Regulation Acts, 1956 and 1958, shall apply to any person employed or appointed by the Minister under this section.

Liability of Minister or Central Board for damage by flooding.

61. —No claim shall lie against the Minister or the Central Board for flooding or other consequential damage due to the continued existence of any structure (including a fishing weir or a fishing mill dam which, on the date of vesting in or acquisition by the Minister or the Central Board of a fishery, formed part of or existed in such fishery) unless the Minister or the Central Board, as may be appropriate, shall have increased the height of such structure or shall have closed any openings or gaps therein to an extent to which they could not have been lawfully closed on the said date.

Section 12 of Finance Act, 1895, restricted.

62. —Section 12 of the Finance Act, 1895, (which requires delivery to the Revenue Commissioners of certain instruments and the payment of certain stamp duties), shall not apply to the vesting in the Central Board or a regional board of property transferred by section 9 or 35 of this Act or an order under section 10 of this Act.

Amendment of section 15 of Principal Act.

63. Section 15 of the Principal Act is hereby amended by—

(a) the insertion of “on payment to him of the prescribed fee (if any)” before “by licence” in subsection (1);

(b) the addition of the following subsections:

“(6) (a) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted by the Minister under this section.

(b) Every fee received by the Minister under this section shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.

(7) Any person who engages in the culture of fish otherwise than under and in accordance with a licence under this section or section 54 of the Fisheries Act, 1980, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(8) Where—

(a) a person by fishing or otherwise interferes with anything done pursuant to a licence granted by the Minister under this section, and

(b) such interference is carried on without the permission of the person to whom the licence is granted,

the person so interfering shall be guilty of an offence under this section and shall be liable—

(c) on summary conviction thereof, to a fine not exceeding £500,

(d) on conviction thereof on indictment, to a fine not exceeding £2,000.”.

Amendment of section 20 of Principal Act.

64. Section 20 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (4):

“(4) The Minister may by regulations alter the boundaries of a fishery district by the inclusion therein of any specified waters which are in an area or portion of the sea described in subparagraph (i) or (ii) of section 10 (9) (a) of the Fisheries Act, 1980, and regulations under this subsection shall, by reference to a map specified in the regulations, indicate the boundaries of the relevant fishery district or districts as altered by the regulations.”

Amendment of section 50 of Principal Act.

65. —(1) Section 50 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) of “the Central Board or any regional board” for “any board of conservators”, and

(b) the substitution in subsection (3) of “the Central Board or a regional board” for “a board of conservators”,

and the said subsections (1) and (3), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

(2) Subsection (1) of this section shall come into operation on the appointed day.

TABLE

1.—(1) The Minister may at any time, if he thinks fit, order an inquiry into the performance of its duties by the Central Board or any regional board and may appoint any person to hold such inquiry.

2.—(3) Where an inquiry in relation to the Central Board or a regional board has been held under this section, the Minister shall certify the amount of the expenses incurred by the Minister in relation to such inquiry, and the amount so certified shall be recoverable by the Minister from the revenue of such board.

Amendment of section 65 of Principal Act.

66. —Subsection (1) of section 65 of the Principal Act is hereby amended by the insertion of “by that person” before “in that fishery district”, and the said subsection (1), as amended by this section and by section 46 (1) of this Act and as modified by section 50 (1) of this Act, is set out in the Table to this section.

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(1)—If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine by that person in that fishery district, such person shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction thereof to a fine not exceeding £500,

(b) on conviction on indictment to a fine not exceeding £2,000 or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

Amendment of section 67 of Principal Act.

67. Section 67 of the Principal Act is hereby amended by the substitution of the following for subsection (9):

“(9) Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof—

(a) in the case of an engine to be used in a several fishery, the name of the person (in this section referred to as ‘the owner’) who is for the time being entitled so to use such engine for his own benefit, or

(b) in every other case, the name and address of the person paying the licence duty on such engine,

together with, if such person, or in case the licence relates to an engine so to be used, the owner, makes a request in writing in that behalf to the regional board concerned, the name of not more than one other person specified in the request, and every ordinary licence which is so issued shall operate to authorise the use of the engine to which it relates by any person named in the licence.”.

Amendment of Chapter III of Part VI of Principal Act.

68. —(1) Section 81 of the Principal Act is hereby amended by:

(a) the substitution of “three pounds” for “five shillings” in paragraph (a) of subsection (2);

(b) the substitution of “one pound” for “sixpence” in both paragraph (b) and paragraph (c) of subsection (2); and

(c) the addition to the section of the following subsection:

“(3) (a) The Minister may, from time to time, by order alter the licence duty payable as regards all or any of the kinds of trout rod licences specified in subsection (1) of this section, and in case an order under this subsection is for the time being in force, subsection (2) of this section, as amended by section 68 of the Fisheries Act, 1980, shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.”;

and the said subsection (2), as so amended, is set out in paragraph 1 of the Table to this section.

(2) Section 83 of the Principal Act is hereby amended by the substitution of “amount of the duty which is for the time being payable under section 81 of this Act in respect of the licence” for “sum of five shillings” in paragraph (b) of subsection (1) and “sum of sixpence” in paragraph (c) of both subsection (2) and subsection (3), and the said paragraph (b), paragraph (c) of the said subsection (2) and paragraph (c) of the said subsection (3), as so amended, are set out in paragraphs 2, 3 and 4, respectively, of the Table to this section.

TABLE

1. (2) There shall be payable on—

(a) a trout rod (general) licence, a licence duty of three pounds,

(b) a trout rod (riparian owner) licence, a licence duty of one pound,

(c) a trout rod (juvenile) licence, a licence duty of one pound.

2. (b) such person tenders the amount of the duty which is for the time being payable under section 81 of this Act in respect of the licence,

3. (c) such person tenders the amount of the duty which is for the time being payable under section 81 of this Act in respect of the licence,

4. (c) such person tenders the amount of the duty which is for the time being payable under section 81 of this Act in respect of the licence,

Amendment of sections 159 and 160 of Principal Act, section 42 of Finance Act, 1925, and section 12 of Finance Act, 1940.

69. —(1) Section 159 of the Principal Act is hereby amended by—

(a) the substitution of “twenty-five pounds” for “one pound” in both subparagraph (ii) of subsection (1) (b) and subparagraph (ii) of subsection (2) (b); and

(b) the addition to the section of the following subsection:

“(6) (a) The Minister may, from time to time, by order amend subsection (1) or subsection (2) of this section so as to alter the sum specified therein, and in case an order under this subsection is for the time being in force, the said subsection (1) and the said subsection (2), or both of the said subsections, as may be appropriate, as amended by section 69 of the Fisheries Act, 1980, shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.”;

and the said subparagraph (ii) of the said subsection (1) (b) and the said subparagraph (ii) of the said subsection (2) (b), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

(2) Section 160 of the Principal Act is hereby amended by—

(a) the substitution of the following for all the words in subsection (1) between the end of paragraph (a) and the end of the subsection:

“(b) there is sent with the application the sum of twenty-five pounds,

such board may renew such licence.”; and

(b) the addition to the section of the following subsection:

“(5) (a) The Minister may, from time to time, by order amend subsection (1) of this section so as to alter the sum specified therein, and in case an order under this subsection is for the time being in force, the said subsection (1), as amended by section 69 of the Fisheries Act, 1980, shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.”.

(3) On and from the commencement of this section both section 42 of the Finance Act, 1925 , and section 12 of the Finance Act, 1940 , shall cease to have effect.

(4) This section shall come into force on such day as the Minister shall therefor fix by order.

TABLE

1. (ii) the sum of twenty-five pounds,

2. (ii) the sum of twenty-five pounds,

Amendment of Part XIV of Principal Act.

70. —(1) The placing in or on, or in or on the water above, an oyster bed of any device or other thing which is used, or is intended for use, in the cultivation of oysters shall, for the purposes of section 245 of the Principal Act, be regarded as planting an oyster bed in a manner described in that section, and any licence under that section, whether granted before or after the passing of this Act, shall be construed and have effect in accordance with the foregoing.

(2) Subsection (1) of this section shall not be construed as affecting the power conferred on the Minister for Tourism and Transport by section 10 of the Foreshore Act, 1933 .

(3) Section 253 of the Principal Act is hereby amended by the insertion of the following paragraph after paragraph (f):

“(g) without such consent removes, damages or otherwise interferes with any device or other thing which is placed in or on, or in or on the water above, such bed and is used in the cultivation of oysters.”

(4) Section 256 of the Principal Act is hereby amended by the insertion of “or above” before “the shore”, and the said section 256, as so amended, is set out in paragraph 1 of the Table to this section.

(5) Section 261 of the Principal Act is hereby amended by the substitution of “in such manner as he shall consider appropriate having had regard to the circumstances by reason of which the order's amendment is necessitated” for all the words from “, and all” to the end of the section, and the said section 261, as so amended, is set out in paragraph 2 of the Table to this section.

(6) Section 265 (1) of the Principal Act is hereby amended by the insertion of the following paragraph after paragraph (b):

“(bb) not being a grantee, the servant or agent of the grantee or grantees or being duly authorised as aforesaid, removes, damages or otherwise interferes with any device or other thing which is placed in, on or over such fishery and is used in the cultivation of oysters, or”.

TABLE

1. 256.—Subject to section 11 and to the provisions of this Chapter the Minister may make orders for the establishment or improvement and for the maintenance and regulation of an oyster fishery on or above the shore and bed of the sea or of an estuary or tidal river above or below or partly above and partly below low-water mark (which said shore and bed are in this Chapter referred to as the seashore), and including, if desirable, provisions for the constitution of a board or body corporate for the purpose of such order, on an application to the Minister by any person desirous of obtaining such an order.

2. 261.—The Minister may from time to time by order amend an oyster fishery order in such manner as he shall consider appropriate having had regard to the circumstances by reason of which the order's amendment is necessitated.

Amendment of section 297 of Principal Act.

71. —Section 297 is hereby amended by—

(a) the substitution of “authorised person” for “water keeper or any officer appointed by the Minister” in subsection (1); and

(b) the substitution of the following for subsection (2):

“(2) (a) Subject to subsection (3) of this section, a warrant issued under this section shall operate to authorise the person to whom it is issued (and named therein) at any reasonable time or times within seven days of the issue of the warrant to—

(i) enter and search, if need be by force, the garden, dwellinghouse or curtilage thereof named in the warrant or any structure or building in such garden or curtilage,

(ii) require any person found on such land to furnish to him his name and address,

(iii) require a person who is in occupation or is in control or is concerned in the management of such land to furnish to him his name and address, and if the person so named has reasonable grounds for suspecting that an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, the person may seize and detain that thing or anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(b) Subject to subsection (3) of this section, a warrant issued under this section shall operate enable any one or more of the following, namely, any member of the Garda Síochána, any officer of the Minister and, in case the warrant is issued to an officer of a regional Board, any other person employed by that board to accompany and assist the person to whom the warrant is issued in the exercise of the powers thereby conferred on him.

(3) The powers conferred on a person named in a warrant issued under this section shall be exercisable by the person as regards a dwellinghouse only if, and only for so long as, he is accompanied by a member of the Garda Síochána.”;

and the said subsection (1), as so amended, is set out in the Table to this section.

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(1) Where upon an information on oath it appears to any District Justice or Peace Commissioner that there are reasonable grounds for believing that a breach of the provisions of this Act or any instrument made thereunder has been committed within any enclosed garden or any dwellinghouse or the curtilage thereof, he may by warrant under his hand authorise any authorised person to enter the said garden or dwellinghouse or the curtilage thereof, at such times in the day or night as may be mentioned in the warrant.

Amendment of section 312 of Principal Act.

72. Section 312 of the Principal Act is hereby amended by the insertion of “, if prosecuted summarily,” before “be prosecuted”, and the said section 312, as so amended, is set out in the Table to this section.

TABLE

312. An offence under any provision of this Act may, if prosecuted summarily, be prosecuted by the Minister.

Amendment of section 19 of Act of 1962.

73. —Subsection (3) of section 19 of the Act of 1962 is hereby amended by the substitution of “sufficient” for “conclusive” in both places where it occurs, and the said subsection (3), as so amended, is set out in the Table to this section.

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(3) A certificate under the hand of the registrar of ships for the purposes of the Merchant Shipping Act, 1894, and the Mercantile Marine Act, 1955 , at any port of registry in the State that a boat specified in the certificate is not registered in accordance with paragraph (a) of the definition of “Irish sea-fishing boat” (inserted by this section) in section 219 of the Principal Act at that port of registry shall be sufficient evidence that the boat is not so registered and certificates as aforesaid in relation to every port of registry in the State shall be sufficient evidence that the boat is not so registered in the State and it shall not be necessary to prove the signature of a registrar or that he was in fact a registrar.

Amendment of section 59 of Foyle Fisheries Act, 1952.

74. —Paragraph (a) of section 59 (1) of the Foyle Fisheries Act, 1952 , is hereby amended by the insertion of “or remain on” before “the banks” in paragraph (a), and the said paragraph (a), as so amended, is set out in the Table to this section.

TABLE

(a) enter into and pass through or along or remain on the banks or borders of any rivers frequented by salmon or trout or of the tributaries thereof,

Amendment of sections 2 and 19 of Fisheries (Amendment) Act, 1978.

75. —The Fisheries (Amendment) Act, 1978 , is hereby amended by—

(a) the substitution of the following for paragraph (a) of section 2(2):

“(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,”;

(b) the substitution of the following for subsection (4) of section 2:

“(4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence referred to in subsection (1) of this section as if, in lieu of the penalties specified in subsection (3) of that section, there were therein specified the penalty and the forfeiture (if any) provided for, in relation to that offence when tried summarily, by subsection (2) of and Table II to this section, and the reference in subsection (2) (a) of that section to the penalty provided for in subsection (3) of that section shall be construed accordingly.”; and

(c) the substitution of “Chapter II or III of Part” for “Part II or III of Chapter” in subsection (1) of section 19,

and the said subsection (1), as so amended, is set out in the Table to this section.

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(1) Where a District Justice proposes to make an order for the release on bail of a defendant before him charged with an offence under a provision of Chapter II or III of Part XIII of the Principal Act who is ordinarily resident outside the State, he shall (unless he is satisfied that all documents (including an indictment) required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State.

Section 278 of Principal Act, in so far as it applies to Moville Area, and section 10 (1) of Foyle Fisheries (Amendment) Act, 1961, saved.

76. —Nothing in this Act shall be construed as affecting the operation of—

(a) section 278 of the Principal Act in so far as it applies to the Moville Area within the meaning of the Foyle Fisheries Act, 1952 ,

(b) section 10 (1) of the Foyle Fisheries (Amendment) Act, 1961,

and the said section 278, together with the provisions of the Principal Act which are extended to the said Moville Area by the said section 10 (1), as amended by this Act, shall apply to that area, but subject to the same modifications as those with which they applied thereto immediately before the commencement of this section.