PART XIAUTHORISED PERSONS
Provisions with respect to particular classes of authorised persons
170Appointment, etc., of private water bailiffs.
1
Any of the following persons, namely,
a
any person who by virtue of any fishing rights in any lake or river has an interest in the preservation of the fish therein; or
b
any persons who have united themselves into a society for the preservation of any fishery in any lake or river; or
c
the owner of any salmon fishery on the sea coast [F1; or
d
the licensee under a shell-fish fishery licence; or
e
any licensees under such licences who have united themselves into a society for the protection of their shell-fish fisheries;]
may by instrument in writing in the form set out in Schedule 5 appoint any person (other than a person disqualified under subsection (7)) to be a private water bailiff for the protection of the fisheries in any such lake or river or the tributaries thereof, or on such part of the sea coast [F1 or for the protection of that shell-fish fishery or those shell-fish fisheries.]
2
A person appointed to be a private water bailiff shall not act in that capacity until his appointment is confirmed by a court of summary jurisdiction sitting for the petty sessions district (or any one such district where there are more than one) within which the private water bailiff is appointed to act.
3
A person making application under subsection (2) for confirmation of the appointment of a person as a private water bailiff shall, not less than fourteen days before the date of the hearing of the application, give notice in writing of the application to F2. . . F3F2. . . the Department, and F2. . . [F1 the Department] shall be entitled to appear before the court, be heard and adduce evidence on the hearing of the application, and may do so by [F4 one of its officers] or by solicitor or counsel.
4
The confirmation of the appointment of a person as a private water bailiff shall be effected by the resident magistrate endorsing the instrument of appointment.
5
Where a court of summary jurisdiction has confirmed the appointment of a person to act as a private water bailiff within the petty sessions district for which the court sits or within any such districts of which that district is one, the court upon complaint made to it, may revoke the appointment, and thereupon the appointment shall be terminated.
F35A
Where a person who has appointed a private water bailiff revokes that appointment, that person shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions for the petty sessions district in which the court by which the appointment was confirmed, sits.
F36
Where—
a
the appointment of a person as a private water bailiff has been confirmed under subsection (4) or revoked under subsection (5), or
b
notice of the revocation of such an appointment has been received under subsection (5A),
the clerk of the court shall notify the Department F5. . . of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.
7
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37A
7B
F7The Department shall maintain a register of the names and addresses of those who are entitled to act as private water bailiffs.
7C
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
If any person—
a
acts as a private water bailiff without having his appointment confirmed under subsection (4); or
b
so acts after his appointment has been revoked either by a court under subsection (5) or by his employer;F3 or
F3c
fails to serve written notice under subsection (5A) within the time specified in that subsection; or
d
fails to make a return to F7the Department under subsection (7A) by the date specified in that subsection;
he shall be guilty of an offence [F10 and shall be liable on summary conviction to a fine not exceeding £200].
9
The powers conferred by this Part on a private water bailiff shall be exercisable only for the protection of the fishery specified in his instrument of appointment.