The Fisheries (Amendment) (Northern Ireland) Order 1991

Private water bailiffs N.I.

25.—(1) In section 170 of the principal Act (appointment etc., of private water bailiffs)—

(a) in subsection (3) for the words from “or, where” to “may be,” there shall be substituted the words “ and the Department, and the Board and ”;

(b) after subsection (5) there shall be inserted the following subsection—

“(5A) 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.” ;

(c) for subsection (6) there shall be substituted the following subsection—

“(6) Where—

(a) the appointment of a person a s 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 and the Board of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.” ;

(d) after subsection (7) there shall be inserted the following subsections—

“(7A) Any person or society mentioned in paragraphs (a) to (e) of subsection (1) who employs any person to act as a private water bailiff shall, before 31st January in each year, make to the Board a return in such form and containing such information as may be prescribed by byelaws.

(7B) The Board shall maintain a register of the names and addresses of those who are entitled to act as private water bailiffs.

(7C) The register to be maintained under subsection (7B) shall be open to inspection by the Department.” ;

(e) in subsection (8), after paragraph (b) there shall be inserted the following—

“or

(c) fails to serve written notice under subsection (5A) within the time specified in that subsection; or

(d) fails to make a return to the Board under subsection (7A) by the date specified in that subsection;” .

(2) After section 170 of the principal Act there shall be inserted the following section—

“Duration of appointments of private water bailiffs.

170A.— (1) Any person whose appointment as a private water bailiff is confirmed after the coming into operation of Article 25 of the Fisheries (Amendment) (Northern Ireland) Order 1991 shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff on the expiration of the period of 5 years from the date of that confirmation.

(2) Any person whose appointment as a private water bailiff was confirmed before the coming into operation of that Article of that Order shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff either—

(a) on the expiration of the period of 5 years from the date of that confirmation, or

(b) on the expiration of the period of 1 year from the date of the coming into operation of that Article of that Order,

whichever period is longer.

(3) In subsections (5), (5A), (6) and (8) of section 170 references (in whatever terms) to a person's appointment as a private water bailiff shall be construed as including references to the renewal of his appointment as such.

(4) Nothing in this section shall preclude the re-appointment under section 170 of a person who ceases, by virtue of subsection (1) or (2), to be a private water bailiff.”.

(3) The provisions set out in Schedule 1 shall be inserted after Schedule 5 to the principal Act as Schedule 5A.