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Salmon Act 1986

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Changes over time for: Section 27

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There are currently no known outstanding effects for the Salmon Act 1986, Section 27. Help about Changes to Legislation

27 Exemption from certain offences in respect of certain acts.S

[F1(1)A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Secretary of State.

(2)The Secretary of State may exempt an act or omission under subsection (1) above only if he is satisfied that—

(a)the proprietor of every affected salmon fishery in the salmon fishery district in which the act or omission is to take place, being a salmon fishery entered in the valuation roll; and

(b)if there is one, the district salmon fishery board for that district

have previously consented to it; and, in this subsection, “salmon fishery district” includes the River Tweed and, in relation to that river, “district salmon fishery board” means the River Tweed Council.

(3)In subsection (2) above, “affected” means appearing to the Secretary of State to be likely to be affected by the exemption.

(4)An exemption under this subsection—

(a)may relate only to such person as may be specified in it;

(b)may be subject to such conditions as may be so specified;

(c)shall be in writing;

(d)shall specify—

(i)the limits of the waters to which it relates;

(ii)its duration; and

(iii)the enactment to which it relates.

(5)In this section, “enactment” includes any instrument made after the passing of this Act under any enactment.]

Textual Amendments

F1Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2

Modifications etc. (not altering text)

C1S. 27 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 11(4)(5)

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