Fisheries (Amendment) Act, 1995

Co-ordination of functions of board and commission.

6.—(1) Where an order under section 3 of this Act confers one or more but not all of the functions of a board on a commission, the commission shall take such steps as it considers appropriate to co-ordinate the performance by it and the board of their respective functions.

(2) For the purposes of this section a commission may give such directions to the board concerned as it considers appropriate and the board shall comply with any such directions.

(3) A commission may by direction amend or revoke a direction given by it under this section (including a direction under this subsection).

(4) If a dispute or disagreement arises between a board and a commission as to whether any steps taken by the commission under this section (including the giving of directions under this section) are appropriate steps to be taken, the dispute or disagreement shall be referred to the Minister for his or her determination and the decision of the Minister in the matter shall be final. In the case of a dispute or disagreement concerning a direction that is referred to the Minister under this subsection, the reference of the dispute or disagreement to the Minister shall not operate to relieve the board concerned of its obligation to comply with the direction pending the decision of the Minister in the matter.

(5) For the purposes of subsection (4) of this section the Minister may affirm, cancel or vary any direction given by the commission concerned which is the subject of a reference to him or her under that subsection.

(6) In the case of a direction aforesaid that is so varied by the Minister the board concerned shall comply with the direction as so varied.