5 1952



The Foyle Fisheries Commission.

Section 11 .


1. The Commission shall be a body corporate with perpetual succession and a common seal and power to sue and be sued and to acquire and hold land without licence in mortmain.

Particular powers of the Commission.

2. The Commission shall have, in addition and without prejudice to any powers given to it under any other provision of this Act, power to do any of the following things—

(a) to take legal proceedings for the enforcement of any provision of this Act or of any regulations made under this Act;

(b) to purchase or take on lease any fishery or any establishment for the artificial propagation or rearing of salmon, trout or other freshwater fish and to operate any fishery and any such establishment;

(c) to apply and expend, subject to the provisions of this Act, all money paid to the Commission in such manner as the Commission thinks proper for the government, management, maintenance or improvement of the fisheries of the Foyle Area;

(d) to execute such works and do such things as the Commission considers expedient for the purpose of its functions.

Special powers during transitional period.

3. (1) Notwithstanding anything contained in this Act, the Commission may at its discretion, during the transitional period, control, manage and deal with the fishing in that part of the tidal waters of the Foyle Area vested in the Minister and the Ministry which lies between an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Derry meets the river on each side and the defined mouth of the river.

(2) The transitional period for the purpose of this paragraph shall be the period of three years commencing on the establishment date or such longer period as the Minister and the Ministry may from time to time fix by agreement.

Disposal of surplus moneys.

4. Any surplus moneys for the time being in the hands of the Commission shall be disposed of by it in such manner as the Minister and the Ministry may from time to time jointly direct.


5. The Commission shall consist of four members, of whom two shall be senior members and two shall be junior members.


6. (1) One senior and one junior member shall be appointed by the Minister and the other senior member and junior member shall be appointed by the Ministry.

(2) Each member, except a member appointed to fill a casual vacancy, shall be appointed for a period of five years.

(3) If a casual vacancy occurs amongst the members, the authority who appointed the outgoing member shall appoint a person to fill the vacancy.

(4) The person so appointed shall hold office for the remainder of the period for which his predecessor, if he had continued to be a member, would have held office.

(5) An outgoing member may be re-appointed.


7. (1) The first chairman of the Commission shall be such senior member as the members may elect. In the event of a tie, he shall be chosen by lot.

(2) The first chairman shall hold office until the end of the first year of his term of office as a member.

(3) At the end of that year, the other senior member shall be chairman for a period of one year and thereafter the office shall be held in rotation for one year by the senior members.

(4) If a person ceases to be a member during his term of office as chairman, the person appointed as a member in his place shall hold office as chairman for the remainder of that term.

The Secretary.

8. (1) The Commission shall have a secretary.

(2) The secretary shall be the junior member who was appointed to the Commission by the authority other than that by whom the senior member who is the chairman for the time being was appointed.

Resignation and removal of members.

9. A member may be removed from office by, and may resign by letter addressed to, the authority by whom he was appointed.


10. The Commission shall have an office in the State and an office in Northern Ireland.

Common seal.

11. (1) The common seal of the Commission shall, when applied to a document, be attested by the signature of one member appointed by the Minister and one member appointed by the Ministry.

(2) Judicial notice shall be taken of the common seal of the Commission and every document purporting to be an instrument made by the Commission and to be sealed with the common seal of the Commission and to be attested in accordance with this para graph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Contracts and instruments not under seal.

12. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission for that purpose.

Procedure at meeting.

13. (1) The quorum for a meeting of the Commission shall be two, of whom one shall be a member appointed by the Minister and the other shall be a member appointed by the Ministry.

(2) Every question at a meeting shall be decided by the votes of the majority of those present and voting.

(3) In case of an equal division of votes at a meeting at which all the members are present and voting, the chairman shall have a second or casting vote.

(4) Subject to subparagraph (1), the Commission may act notwithstanding vacancies in its membership.

(5) Subject to the provisions of this Schedule, the Commission may regulate, by standing orders or otherwise, its procedure and business.


14. The secretary shall keep minutes of the proceedings of the Commission and each member of the Commission shall have the right to inspect and make extracts from the minutes.

Power to acquire and dispose of land.

15. The Commission may purchase and take on lease such land and build, equip and maintain such premises as it considers necessary for the performance of its functions and may sell or lease any such land or premises no longer required by it for that purpose.


16. (1) The Commission may employ such staff as it considers necessary for the performance of its functions.

(2) The numbers, grades, remuneration and conditions of employment of members of the staff shall be such as the Commission, with the approval of the Minister and the Ministry, may determine.

(3) On the establishment date the persons who, immediately before that date, were employed by the Moville Board or the board of conservators for the Londonderry District shall become members of the staff of the Commission on the same conditions as those subject to which they were so employed.

Accounts and audit.

17. (1) The accounts of the Commission shall be made up to the 30th day of September in each year.

(2) The accounts for each year shall be audited by an auditor appointed by the Minister and an auditor appointed by the Ministry.

(3) The fees of auditors and the expenses of audits shall be paid by the Commission.

(4) Copies of the audited accounts and of the report of the auditors thereon shall, immediately after the audit, be sent by the auditors to the Minister and to the Ministry.

Annual report.

18. The Commission shall annually make to the Minister and the Ministry a report of its work during the preceding year.

Expenses of members.

19. The Commission shall pay to each of its members such travelling, maintenance and incidental expenses incurred by him as the authority by whom he was appointed may sanction.