Water Resources Act 1963

126 Provisions as to border rivers

(1) The functions under the Salmon and Freshwater Fisheries Acts 1923 to 1935, and the Diseases of Fish Act 1937, exercisable by the river authority whose area includes so much of the River Esk as is situated in England shall be exercisable with respect to the whole of that river, together with its banks and tributary streams up to their source, as if they were part of the area of that river authority :

Provided that—

(a) offences against those Acts committed within Scottish jurisdiction shall be prosecuted and fines recovered in manner directed by the Salmon Fisheries (Scotland) Act 1868 ;

(b) nothing in this subsection shall authorise the river authority to acquire compulsorily under this Act any land in Scotland.

(2) Nothing in this Act shall be construed as authorising any river authority to exercise functions under the Acts mentioned in the preceding subsection with respect to the River Tweed.

(3) Without prejudice to the last preceding subsection, the provisions of this Act relating to the new functions of river authorities shall not apply to so much of any inland water as—

(a) is part of the River Tweed, or

(b) is part of the River Esk or of the River Sark or of any tributary stream of the River Esk or the River Sark at a point where ether of the banks of ether of those rivers or of any such (tributary stream is in Scotland.

(4) In this section "the River Tweed " means the " the river " as defined by the Tweed Fisheries Amendment Act 1859 and any byelaw amending that definition.