Sea Fish (Conservation) Act 1967

18 Enforcement of orders in relation to salmon and migratory trout. E+W

(1) In so far as [F1 any order under section 4, 5 or 6 of this Act], imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which, [F2 are included in the area which by virtue of [F2 subsection (7) of section 6 of the Environment Act 1995]] is the area in relation to which [F2 the Environment Agency] carries out functions relating to fisheries under the Salmon and Freshwater Fisheries Act M1 1975 or on landing salmon or migratory trout

[F3 (a) section 31(1)(d) of the M2 Salmon and Freshwater Fisheries Act 1975 (which confers power of seizure) shall apply as if the reference in it to that Act included a reference to this Act, and sections 36(1) and (2) of that Act, and paragraph 8 of Schedule 4 (all of which contain ancilliary provisions), shall be construed accordingly as including references to that Act as applied by this subsection;]

F4 [(b) the provisions of sections 169 and 172 of the Water Resources Act 1991 and, in relation to those sections, of Schedule 20 to that Act (which confer powers of entry) shall apply as if section 4 of this Act, and any order under section 5 or 6 of this Act, were an enactment to which the said sections 169 and 172 applied.]

(2) Where [F5 any order under the said section 4, 5 or 6] imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district board within the meaning of the M3 Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, or on landing salmon or migratory trout at a place within such a district as aforesaid, any water bailiff, constable or any person appointed by the [F6 Scottish Ministers] in pursuance of section 10(5) of the said Act of 1951 may exercise in relation to the contravention of the said section 4 or of any such order any of the powers conferred upon him in relation to a contravention of that Act by the following provisions thereof, that is to say—

(a) sections 11 and 12 (which confer powers of search and arrest); and

(b) sections 10(1)(d) and 20, so far as those provisions relate to the seizure of fish, instruments or articles liable to forfeiture or to the disposal of such fish,

and subsections (3) and (6) of the said section 10 (which contain provisions ancillary thereto) shall apply as if the Acts therein mentioned included a reference to this Act.

[F7 (3) Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), or on landing salmon or migratory trout at a place within that district, the provisions of articles 56 to 61 and 63(3) and (4) of that Order (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Order.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(4)

F2 Words in s. 18(1) substituted (21.9.1995) by 1995 c. 25, s. 105, Sch. 15 para. 6 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3 S. 18(1)(a) substituted by Salmon and Freshwater Fisheries Act 1975 (c. 51), s. 42(2)

F4 S. 18(1)(b) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 18(b)

F5 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(5)

F6 Words in s. 18 substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(10); S.I. 1998/3178, art. 3

F7 S. 18(3) inserted (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 para. 1

Marginal Citations

M1 1975 c.51(52:2).

M2 1975 c. 51.

M3 1951 c. 26.

18 Enforcement of orders in relation to salmon and migratory trout. S

(1) In so far as [F8 any order under section 4, 5 or 6 of this Act], imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which, for the purposes of the functions of a [F9 water authority] relating to fisheries, are included in the area of the [F9 water authority], or on landing salmon or migratory trout at a place within a [F9 water authority area]—

[F10 (a) section 31(1)(d) of the M4 Salmon and Freshwater Fisheries Act 1975 (which confers power of seizure) shall apply as if the reference in it to that Act included a reference to this Act, and sections 36(1) and (2) of that Act, and paragraph 8 of Schedule 4 (all of which contain ancilliary provisions), shall be construed accordingly as including references to that Act as applied by this subsection;]

(b) the provisions of subsections (1), (3) and (4) of section 111, and subsections (1) to (7) of section 112, of the M5 Water Resources Act 1963 (which confer powers for the enforcement of that Act) shall apply as if section 4 of this Act, and any order under section 5 or 6 thereof, were an enactment relating to the functions of the [F9 water authority].

[F11 (2) Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district salmon fishery board within the meaning of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), or on landing salmon or migratory trout at a place within such a district as aforesaid, the provisions of sections 52, 53, 54, 55, 57, 58 and 60(3) and (4) of that Act (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Act.]

[F7 (3) Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), or on landing salmon or migratory trout at a place within that district, the provisions of articles 56 to 61 and 63(3) and (4) of that Order (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Order.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F7 S. 18(3) inserted (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 para. 1

F8 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(4)

F9 Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a)(b)

F10 S. 18(1)(a) substituted by Salmon and Freshwater Fisheries Act 1975 (c. 51), s. 42(2)

F11 S. 18(2) substituted (S.) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 para. 1 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

Marginal Citations

M4 1975 c. 51.

M5 1963 c. 38.