Fisheries (Consolidation) Act, 1959

Electorate for election of conservators for an electoral division and scale of votes.

24.—(1) In this section—

the expression “excepted licence” means any licence being—

(a) a fishing licence issued in an election year, but after the 31st day of July in that year, or

(b) a salmon rod licence which is valid for a period of less than one year, or

(c) a salmon rod ordinary licence valid for a particular year which is issued to a person who is the holder of a salmon rod (Foyle Area) licence valid for that year, or

(d) a salmon rod licence in respect of which a reduced rate of licence duty is payable under subsection (5) of section 74, or

(e) a trout rod licence;

the expression “hypothetical licence duty” means, in relation to a special local licence authorising the use of a fishing engine of a particular kind, the sum which would be payable as licence duty in respect of such licence if it were an ordinary fishing licence authorising the use of a fishing engine of the same kind.

(2) Every person (other than the Minister), who is the holder of one or more ordinary fishing licences or oyster fishing licences (not being excepted licences) which or each of which is valid for a particular election year and is issued in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that year for that electoral division and shall have thereat a vote or votes according to the following scale—

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than three pounds, one vote,

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than six pounds but not less than three pounds, two votes,

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than ten pounds but not less than six pounds, three votes, if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is not less than ten pounds, four votes.

(3) (a) Where the Minister is the holder of one or more ordinary fishing licences which or each of which is valid for a particular election year and is issued in a particular electoral division, he shall be entitled to vote, by proxy appointed by him, at the election of conservators to be held in that year for that electoral division and shall, in respect of each such licence, have thereat a vote or votes according to the following scale—

if the licence duty in respect thereof is less than three pounds, one vote,

if the licence duty in respect thereof is less than six pounds but not less than three pounds, two votes,

if the licence duty in respect thereof is less than ten pounds but not less than six pounds, three votes,

if the licence duty in respect thereof is not less than ten pounds, four votes.

(b) An instrument appointing a proxy under paragraph (a) of this subsection shall not require a stamp.

(4) Every person, who is the holder of one or more special local licences (not being excepted licences) which or each of which is valid for a particular election year in respect of special tidal waters which are situate in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that election year for that electoral division and shall have thereat a vote or votes according to the following scale—

if the hypothetical licence duty in respect of such licence (in case one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (in case more than one is held by him) is less than three pounds, one vote,

if the hypothetical licence duty in respect of such licence (in case one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is less than six pounds but not less than three pounds, two votes, if the hypothetical licence duty in respect of such licence (if one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is less than ten pounds but not less than six pounds, three votes,

if the hypothetical licence duty in respect of such licence (if one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is not less than ten pounds, four votes.

(5) Where a person who is the rated occupier of a fishery (the rateable valuation of which is less than fifty pounds) situate in a particular electoral division has paid the fishery rate on such fishery for the fishery year next preceding an election year and the amount of such fishery rate is one pound or more, the following provisions shall have effect—

(a) such person or his agent duly appointed under section 328 shall be entitled to vote at the election of conservators to be held in that election year for that electoral division and shall be entitled to have thereat, in addition to the vote or votes (if any) to which he may be entitled under subsection (2) of this section, a vote or votes according to the following scale—

if the amount of such fishery rate is less than three pounds, one vote,

if the said amount is less than six pounds but not less than three pounds, two votes,

if the said amount is less than ten pounds but not less than six pounds, three votes,

if the said amount is not less than ten pounds, four votes,

(b) the production of the receipt for the second moiety of such fishery rate shall be sufficient evidence of the right of such person or his attorney or agent to vote at such election.

(6) No person shall be entitled to vote at an election of conservators to be held in a particular election year for a particular electoral division, other than a person who is entitled to vote at such election by virtue of this section.

(7) In this Act, references to the electorate of an electoral division for an election year shall be construed as references to the persons who are, by virtue of this section, entitled to vote at the election of conservators for that electoral division to be held in that year.