Diseases of Fish Act 1937

6Powers of entry on land and inspection.

(1)Any justice of the peace, upon an information on oath that there is reasonable cause to suspect an offence under this Act to have been committed, may, by warrant under his hand authorise any person named in the warrant to enter on any land mentioned in the warrant at such times as are so mentioned and to seize any fish, eggs of fish, or foodstuff or article which that person suspects to have been imported or brought into Great Britain, removed or otherwise dealt with, or to be about to be removed or otherwise dealt with, in contravention of this Act or of any licence granted, order made, or notice served thereunder:

Provided that a warrant under this subsection shall not continue in force for more than one week from the date of the granting thereof.

(2)Any inspector shall have power—

(a)to inspect any waters in which fish of the salmon family or freshwater fish or the eggs of such fish or foodstuff for fish are likely to be found, and to take therefrom samples of any such fish, eggs, or foodstuff, or of water, mud, vegetation or other matter;

(b)for the purpose of exercising any powers or performing any duties under this Act, to enter, upon production on demand of his authority, on any land;

and any person who refuses to admit or obstructs an inspector in the exercise or performance of any of the said powers and duties shall be guilty of an offence.

(3)If in any sample offish taken from any waters by an inspector under the powers conferred by the last foregoing subsection none is found to be infected, the Minister shall pay to the occupier of the waters, or where there is more than one occupier of the waters, to such of the occupiers as he considers equitable, a sum equal to the market value of the fish taken in that sample.

(4)Any person authorised in writing in that behalf by a fishery board may, for the purpose of performing any duties imposed on him by the board in exercise of their functions under this Act, enter, upon production on demand of his authority, on any land situate within the district of the board not being part of a fish farm, and any person who refuses to admit him or obstructs him in the carrying out of any of those duties shall be guilty of an offence.

(5)Any person exercising powers conferred on him by or under this section on land owned or used for the purposes of any railway or canal undertaking shall conform to such reasonable requirements of the undertakers as are necessary to prevent obstruction to, or interference with, the working of the traffic on their railway or canal, as the case may be, and the undertakers shall not be liable for any accident or injury happening to any person while exercising such powers—

(a)in the case of a railway undertaking, upon any railway or land carrying a railway belonging to them; and

(b)in the case of a canal undertaking, upon any canal or reservoir or the banks of any canal or reservoir belonging to them.