Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

27 Exemption from certain offences in respect of acts done for scientific and other purposes: salmon S

(1) A person shall not, in respect of any act or omission relating to salmon or salmon roe or eggs, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if—

(a) the act or omission is for—

(i) some scientific purpose;

(ii) the purpose of protecting, improving or developing stocks of fish; or

(iii) the purpose of conserving any creature or other living thing; and

(b) that person has obtained the previous permission in writing—

(i) if the act or omission is one to which this sub-paragraph applies, of the district salmon fishery board for the salmon fishery district in which it takes place or of the Scottish Ministers; and

(ii) in any other case, of the Scottish Ministers,

for the act or omission.

[F1 (1A) In granting permission under subsection (1) above, a district salmon fishery board or (as the case may be) the Scottish Ministers may impose conditions or requirements.

(1B) A person commits an offence if the person—

(a) acts in contravention of any such condition or requirement; or

(b) fails to take any action required of the person by any such condition or requirement.

(1C) It is a defence for a person charged with an offence under subsection (1B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

(1D) A person who commits an offence under subsection (1B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(2) Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph takes place in a salmon fishery district for which there is a district salmon fishery board; and is a contravention of section 1, 2, 5(1)(c), 18, 19 or 23 of this Act.

(3) A permission under subsection (1) above shall specify the act or omission permitted[F2 , any conditions or requirements imposed under subsection (1A) above] and the enactment to which the permission relates.

Textual Amendments

F1 S. 27(1A)-(1D) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 33(2)(a), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F2 Words in s. 27(3) inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 33(2)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Commencement Information

I1 S. 27 in force at 1.4.2005 by S.S.I. 2005/174, art. 2