PART VII

The Foyle, Carlingford and Irish Lights Commission

31. —In this Part—

“the Act of 1952” means the Foyle Fisheries Act, 1952 ;

“the Body” shall be construed in accordance with section 32 ;

“the Carlingford Area” has the same meaning as it has in paragraph 5 of Part 6 of Annex 2 to the Agreement;

“the Foyle Area” has the meaning assigned to it by section 3 of the Act of 1952;

“the Louth Area” means that part of the Carlingford Area that is in the State.

32. —(1) The implementation body for aquaculture and marine matters established by the Agreement and known as The Foyle, Carlingford and Irish Lights Commission is referred to in this Part as “the Body”.

(2) The Body shall be recognised as, and as having all the attributes of, a body corporate, including perpetual succession, the power to acquire, hold and dispose of land or other property and the power to sue.

(3) The Body may be sued in its corporate name.

33. —(1) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement (but subject to Article 4 thereof), be those specified in Part 6 of Annex 1 to the Agreement and sections 34, 36 and 41 have effect for the purpose of the said paragraph 1.

(2) The arrangements specified in Parts 6 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of the said Article 2 (but subject to the said Article 4), apply to the Body.

(3) Paragraph 1 of Article 3 of the Agreement shall apply to the Body.

34. —(1) The functions vested in the Foyle Fisheries Commission immediately before the commencement of section 35 shall, as on and from such commencement, stand transferred to the Body and accordingly, references to, or which are to be construed as references to, the Foyle Fisheries Commission in any statute or instrument made under any statute shall be construed as references to the Body.

(2) The Act of 1952 shall apply to the Carlingford Area as it applies to the Foyle Area with the modification that references in that Act (other than in section 6) to—

(a) the Foyle Area shall be construed as including references to the Carlingford Area, and

(b) the Moville Area shall be construed as including references to the Louth Area,

and with any other necessary modifications.

(3) The Act of 1952 is hereby amended by—

(a) the insertion in section 2(1) of the following definitions:

“‘the Carlingford Area’ and ‘the Louth Area’ have the meanings assigned to them respectively by section 31 of the British-Irish Agreement Act, 1999;

‘the Council’ means the North/South Ministerial Council within the meaning of the British-Irish Agreement Act, 1999, when performing functions in relation to, or in relation to the functions of, The Foyle, Carlingford and Irish Lights Commission;”,

(b) the deletion in section 2(1) of the definitions of “the Advisory Council” and “the Ministry”,

(c) the substitution of the following section for section 6:

“6. (1) A copy of every order or regulation made under this Act that applies to the Foyle Area shall be deposited—

(a) with the county registrar for the county of Donegal,

(b) with the District Court Clerk of every District Court District which or part of which is situate in the Moville Area, and

(c) in every station of the Garda Síochána situate in the Moville Area.

(2) A copy of every order or regulation made under this Act that applies to the Carlingford Area shall be deposited—

(a) with the county registrar for the county of Louth,

(b) with the District Court Clerk of every District Court District which or part of which is situate in the Louth Area, and

(c) in every station of the Garda Síochána situate in the Louth Area.”,

and

(d) the substitution of “the Council” for “the Minister and the Ministry” in each place where it occurs.

(4) References in section 10 of the Foyle Fisheries (Amendment) Act, 1961 , and in section 76 of the Fisheries Act, 1980 , to the Moville Area shall be construed as including references to the Louth Area.

(5) References in the Local Government (Water Pollution) Acts, 1977 and 1990, to the Foyle Area shall be construed as including references to the Carlingford Area.

35. —The Foyle Fisheries Commission is hereby dissolved.

36. —The functions vested in the Commissioners of Irish Lights immediately before the commencement of section 37 shall, as on and from such commencement, stand transferred to the Body and, accordingly, references to, or which are to be construed as references to, the Commissioners of Irish Lights in any statute or instrument made under any statute shall be construed as references to the Body.

37. —The Commissioners of Irish Lights are hereby dissolved.

38. —(1) The enactments specified in column (2) of the Table to this Part are hereby repealed to the extent specified in column (3) thereof.

(2) The Irish Lights Commissioners (Adaptation) Order, 1935 (S.R. & O., No. 661 of 1935), is hereby revoked.

TABLE

Repeal Of Enactments