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Nomination of ex officio members by the Minister.
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38.—(1) Where on the date on which the fishery rate for any fishery year is struck by a board of conservators any vested fishery situate in the fishery district of such board is valued under the Valuation Acts at not less than fifty pounds, the Minister may nominate one person as his representative to be, until the next fishery rate is struck by such board, an ex officio member in respect of such fishery of such board.
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(2) Where—
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(a) two or more vested fisheries in the same fishery district were vested in the Minister on the same date, and
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(b) such fisheries were immediately before being so vested in the ownership or occupation of the same person,
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then such fisheries shall for the purposes of subsection (1) of this section be deemed to be one fishery the rateable valuation of which is the aggregate rateable valuation of all such fisheries.
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(3) Where any vested fishery is for the time being leased or is for the time being an unused fishery, the rateable valuation of such fishery shall for the purposes of subsections (1) and (2) of this section be deemed to be nil.
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(4) Where the Minister is entitled under subsection (1) of this section to nominate ex officio members of two or more boards of conservators he may nominate the same person to be an ex officio member of each of such boards.
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(5) Where the Minister is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, he may nominate one person only, and in that case such one person shall have and may exercise at meetings of such board a number of votes equal to the number of ex officio members of such board which the Minister is for the time being entitled to nominate.
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(6) In this section the expressions “vested fishery” and “unused fishery” have the same meanings as they respectively have in Part XII.
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