Fisheries (Amendment) Act, 1995
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Functions of board may be performed by a commission. |
3.—(1) Subject to the provisions of this Act, the Minister may— | |
(a) on a request in writing being made to him or her by a board for the establishment of a commission under this section to perform one or more of the functions of the board, or | ||
(b) if, after the consideration by him or her of a report prepared under section 2 of this Act in respect of a board, he or she is satisfied that the affairs of the board are not being, or, in any period following the preparation of the report are not likely to be, managed in an effective manner, | ||
by order— | ||
(i) establish a commission (which shall be known by the title assigned to it by the order and is in this Act referred to as a “commission”), and | ||
(ii) confer on the said commission such one or more of the functions of the board as the Minister determines and specifies in the order, | ||
and functions so conferred on the said commission shall, accordingly, be performable by it. | ||
(2) For so long as an order under this section remains in force— | ||
(a) the function or functions conferred on the commission established by the order shall not be performable by the board concerned, | ||
(b) the said commission shall be a body corporate (including in a case where the number of persons appointed under section 5 of this Act to be members thereof is 1) and may sue and be sued in its corporate name. | ||
(3) The determination referred to in paragraph (ii) of subsection (1) of this section shall, in the case of an order under this section that is made at the request of a board under paragraph (a) of the said subsection, be made with the concurrence of the said board. | ||
(4) An order under this section shall remain in force for such period as is specified in the order. | ||
(5) In the case of an order under this section that is not made at the request of a board under subsection (1) (a) of this section, the period specified as aforesaid shall not exceed 2 years. | ||
(6) The period for which an order under this section is to remain in force may be extended or further extended by an order under section 9 (1) of this Act but such an order shall not be made at a time which is earlier than 6 months before the date on which the order concerned under this section is due to expire. | ||
(7) Nothing in subsection (6) of this section shall be construed as preventing the Minister from making a second or further order under this section in relation to a board where the requirements specified in subsection (1) of this section for the making of such an order are fulfilled. |