1951 c. 26.

1862 c. 97.

1951 c. 26.

1868 c. 123.

1862 c. 97.

1979 c. 11.

1868 c. 123.

1951 c. 26.

1862 c. 97.

1868 c. 123.

1862 c. 97.

1868 c. 123.

1868 c. 123.

1862 c. 97.

1951 c. 26.

1951 c. 26.

1862 c. 97.

1868 c. 123.

1859 c. lxx.

1857 c. cxlviii.

1862 c. 97.

1907 c. 51.

1862 c. 97.

1982 c. 45.

1951 c. 26.

1857 c. cxlviii.

1859 c. lxx.

1951 c. 26.

1984 c. 54.

1980 c. 66.

1859 c. cxlviii.

1868 c. 123.

1951 c. 26.

1937 c. 33.

1951 c. 26.

1877 c. ccxl.

1975 c. 51.

1951 c. 26.

1857 c. cxlviii.

1859 c. lxx.

1868 c. 123.

1951 c. 26.

1868 c. 123.

1975 c. 51.

1975 c. 51.

1975 c. 51.

1937 c. 33.

1975 c. 51.

1966 c. 38.

1975 c. 51.

1983 c. 30.

1973 c. 65.

1862 c. 97.

1951 c. 26.

1859 c. lxx.

1863 c. 50.

1969 c. xxiv.

19 c. 1.

1862 c. 97.

1864 c. 118.

1868 c. 123.

1868 c. 123.

1863 c. 50.

1975 c. 51.

http://www.legislation.gov.uk/ukpga/1986/62/body/enactedSalmon Act 1986RiversLegislationFisheries and aquacultureWatermillsKing's Printer of Acts of Parliament2022-02-28PART IAdministration of Salmon Fisheries in ScotlandSalmon fishery districts
1Salmon fishery districts1

A salmon fishery district shall be the area within the coastal limits of a district (within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868) and extending—

a

seaward for three miles from mean low water springs, and

b

landward to include the catchment area of each river which flows directly or indirectly into the sea within these limits but excluding any area designated as a salmon fishery district by an order made under subsection (2) below.

2

Notwithstanding subsection (1) above, the Secretary of State may, in accordance with section 2 of this Act, by order designate any area as a salmon fishery district, whether or not it includes all or part of a salmon fishery district—

a

established by subsection (1) above; or

b

already designated as such by an order made under this subsection;

and such an order is referred to in this Act as a " designation order ".

3

Districts within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall cease to exist and, subject to subsection (6) below—

a

any reference in any enactment to a particular district within that meaning shall be construed as a reference to the salmon fishery district established by subsection (1) above which has the same coastal limits as that district; and

b

for references in any enactment, excluding this Act, to such districts in general there shall be substituted references to salmon fishery districts

and a salmon fishery district which has the same coastal limits as a district within the meaning of these Acts shall have the same name as that district.

4

After consulting such persons as he thinks fit, the Secretary of State may, by order made by statutory instrument—

a

where an island or part of an island is not within the area of a salmon fishery district by virtue of subsections (1) or (2) above, include in the area of a salmon fishery district—

i

that island or that part; and

ii

the sea within three miles from mean low water springs on that island or that part;

b

where there is doubt as to whether a particular place is in a particular salmon fishery district, make provision for the purpose of removing that doubt; or

c

change a reference used in describing a salmon fishery district where the suitability of that reference for that purpose has lessened or ceased

but such an order shall not create a salmon fishery district.

5

The River Tweed shall not be a salmon fishery district except as otherwise provided in this Act

6

References in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 and in any other enactment as amended by that Act to a district shall be construed as including references to the River Tweed.

2Designation orders1

A designation order shall provide for the abolition of such salmon fishery districts as are superseded by the district so designated.

2

A designation order shall provide for the application to the district so designated of such regulations—

a

made under section 3 of this Act; or

b

made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862

as the Secretary of State specifies in the order and he may, in such an order, amend regulations made under section 3 (2) (d) of this Act or under section 6(6) of that Act in their application under this subsection.

3

Subject to section 6(1) of this Act, a designation order shall specify for the district so designated the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line; and the order may make different provision for different parts of the district.

4

The power under section 1(2) of this Act to make a designation order shall not extend to the River Tweed.

5

Schedule 1 shall have effect as to the procedure in the making of a designation order.

6

The Secretary of State may by order vary the provisions of Schedule 1 to this Act.

7

An order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General regulation of salmon fisheries
3Regulations1

Subject to subsection (4) below, regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 shall have effect in relation to a salmon fishery district as they had effect, immediately before the commencement of this section, in relation to the part of that salmon fishery district which was a district within the meaning of these Acts and which had the same coastal limits as that salmon fishery district.

2

The Secretary of State shall have power, after consulting such persons as he considers appropriate, to make regulations with respect to—

a

the due observance of the weekly close time ;

b

the construction and use of cruives;

c

the construction and alteration of dams, including mill dams, or lades or water wheels so as to afford a reasonable means for the passage of salmon;

d

the meshes, materials and dimensions of nets used in fishing for or taking salmon ;

e

obstructions in rivers or estuaries to the passage of salmon;

f

the construction, alteration and use for the control of the passage of salmon of—

i

screens in off-takes from inland waters; and

ii

structures associated with such screens.

3

The Secretary of State shall have power, after consulting such persons as he considers appropriate, to make regulations amending section 13 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (extent of the weekly close time and the period within which rod and line fishing is permitted); provided always that such regulations shall not shorten the periods specified in the said section 13.

4

The power to make regulations under subsection (2) above includes power to revoke any regulations as described in subsection (1) above; and such regulations shall be treated as revoked insofar as they are inconsistent with the provisions of regulations made under this section.

5

The power to make regulations under paragraphs (c) or (f) of subsection (2) above includes power to except from the application of a regulation or part of a regulation any works or any category of works; and section 11 of the Salmon Fisheries (Scotland) Act 1868 shall apply to regulations so made.

6

The power to make regulations under subsection (2)(d) above includes power—

a

to make different provision for different districts or different parts of a district;

b

to except from the application of a regulation or part of a regulation a district or part of a district specified in the regulations.

7

References in any enactment, other than in this Act or in section 36 of the Salmon Fisheries (Scotland) Act 1868, to—

a

byelaws or regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862; or

b

the provisions of any of the Schedules to that Act of 1868 relating to such matters

shall be construed as including references to regulations made under subsection (2) above.

8

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4Private generating stations1

In subsection (2) of section 5 of the Electricity (Scotland) Act 1979 (formation of Fisheries Committee), after the words " Secretary of State " where they first occur there shall be inserted the words " , to a body or person who wishes to establish or extend a private generating station under section 35 ".

2

After subsection (1) of section 35 (control of private hydroelectric generating stations), there shall be inserted the following subsections—

1A

A person or body wishing to establish or extend any such station shall prepare proposals with a view to the execution of the necessary works and paragraphs 2, 3 and 6 of Schedule 4 to this Act shall have effect in relation to such proposals as if they were constructional schemes proposed under section 10 of this Act and, for the purposes of this subsection, references in that Schedule to the Boards shall be construed as references to such a person or body.

1B

The Secretary of State may make his consent under subsection (1) above conditional on the acceptance by the person or body of any recommendation made under paragraph 3 of Schedule 4 to this Act relating to the proposed establishment or extension; and such person or body shall be bound to implement such recommendation in executing the proposed works.

.

3

In paragraph 1 of Schedule 4 (constitution and functions of Fisheries Committee), after the words " Secretary of State " where they secondly occur there shall be inserted the words " , to a body or person who wishes to establish or extend a private generating station under section 35 ".

5Enforcement of regulations1

In section 15 of the Salmon Fisheries (Scotland) Act 1868 (offences related to regulations)—

a

for the words from the beginning to " following offences " there shall be substituted the words " Any person " ;

b

paragraph (7) shall be omitted; and

c

for the words from " shall for every such offence " to the end there shall be substituted the words " shall be guilty of an offence; and section 19 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (forfeiture of fish, instruments, articles, vehicles or boats) shall apply in relation to persons convicted of an offence under this section as it applies to those convicted of an offence under Part I or section 13 of that Act ".

2

Without prejudice to the generality of section 3(7) of this Act, in section 15 of that Act, "byelaw"—

a

in paragraph (8), shall include regulations made under section 3(2) of this Act and the offence specified in that paragraph shall, as respects such regulations, extend to so much of the River Tweed as is situated outwith Scotland ; and

b

in paragraphs (2), (3) and (4), shall include such regulations except to the extent that they extend to the River Tweed.

6Annual close time1

The annual close time for a salmon fishery district shall be a continuous period of not less than 168 days and shall apply to every mode of fishing for and taking salmon except to the extent that provision is made for periods within that time during which it is permitted to fish for and take salmon by rod and line.

2

Subject to subsection (3) below, the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line shall be, in the case of any particular district—

a

the dates and periods specified in the designation order made in respect of that district; or

b

where no designation order has been made in respect of that district, the dates and periods which were determined under section 6(5) of the Salmon Fisheries (Scotland) Act 1862, subject to any variation made under section 9 of the Salmon Fisheries (Scotland) Act 1868, which, immediately before the commencement of this section, were in force as respects the district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 which had the same coastal limits as that salmon fishery district.

3

Notwithstanding subsection (2) above, the Secretary of State may, subject to subsection (1) above, by order prescribe for any district the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line and he may make different provision for different parts of a district; and such an order is referred to in this Act as an " annual close time order ".

4

The Secretary of State may make an annual close time order in respect of a salmon fishery district only on application to him by—

a

the district salmon fishery board for that district; or

b

where there is no such board, two proprietors of salmon fisheries in that district.

5

An application under subsection (4) above shall be accompanied by the applicant's written proposals which shall state—

a

the proposed dates of the anual close time and the periods within that time when it shall be permitted to fish for and take salmon by rod and line in the district; and

b

the general effect of the proposals

and the proposals may include different dates and periods for different parts of the district.

6

Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an annual close time order as they apply to the making of a designation order, and for this purpose—

a

references to a designation order shall be construed as references to an annual close time order ; and

b

references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (4) above.

7

References in any enactment, other than in this Act, to—

a

regulations or byelaws made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(5) of the Salmon Fisheries (Scotland) Act 1862; or

b

the provisions of Schedule C to the Salmon Fisheries (Scotland) Act 1868 relating to such matters

shall be construed as including references to an annual close time order or to such part of a designation order as provides for the annual close time for a salmon fishery district.

7Estuary limits1

Subject to subsection (2) below, the estuary limits of a river shall be the limits fixed by judicial decision or fixed and defined under section 6(1) of the Salmon Fisheries (Scotland) Act 1862.

2

Whether or not a river has estuary limits as described in subsection (1) above, the Secretary of State may, by order, prescribe limits or, as the case may be, different limits which shall be the estuary limits for that river ; and such an order is referred to in this Act as an " estuary limits order ".

3

The Secretary of State may make an estuary limits order only on application to him by—

a

the district salmon fishery board for the district in which the river is situated ; or

b

where there is no such board, two proprietors of salmon fisheries in that district.

4

An application under subsection (3) above shall be accompanied by the applicant's written proposals which shall state—

a

the proposed estuary limits ; and

b

the general effect of the proposals.

5

Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an estuary limits order as they apply to the making of a designation order, and for this purpose—

a

references to a designation order shall be construed as references to an estuary limits order ; and

b

references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (3) above.

6

For the purposes of this section—

" estuary limits " means limits which divide each river including its mouth or estuary from the sea ; and

" river " does not include the River Tweed.

7

References in any enactment, other than in this Act or in section 36 of the Salmon Fisheries (Scotland) Act 1868, to—

a

byelaws or regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(1) of the Salmon Fisheries (Scotland) Act 1862; or

b

the provisions of Schedule B to the Salmon Fisheries (Scotland) Act 1868 relating to such matters

shall be construed as including references to an estuary limits order.

8Use of baits and lures1

The Secretary of State may, subject to the provisions of this section, make regulations specifying baits and lures for the purposes of the definition of " rod and line " in section 24 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

2

The Secretary of State may make regulations under this section only on—

a

application to him by a district salmon fishery board ; or

b

a joint application to him by more than one such board,

and regulations made in respect of such application shall be made only in respect of the district of the applicant.

3

Regulations under this section shall specify, subject to such exceptions as may be provided therein, all or any, or a combination of, the following—

a

baits and lures or classes of baits and lures ;

b

times when the regulations apply ;

c

areas to which the regulations apply.

4

An application under subsection (2) above shall be accompanied by the applicant's written proposals which shall state—

a

the baits and lures which it is proposed should be specified;

b

the places to which and the times during which the proposed regulations should apply ; and

c

the reasons for the proposals.

5

Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of regulations under this section as they apply to the making of a designation order, and for this purpose—

a

references to a designation order shall be construed as references to regulations under this section ; and

b

references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (2) above.

6

In section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, at the end of the definition of " rod and line " there shall be inserted the following— " and, in the case of fishing for salmon in an area to which and at a time during which regulations made under section 8 of the Salmon Act 1986 apply, is not specified in such regulations in respect of that area and time ".

9Limits of the Solway Firth

References in any enactment to the limits of the Solway Firth shall be construed as references to the limits which were fixed under section 6(2) of the Salmon Fisheries (Scotland) Act 1862.

10Application of regulations and annual close time orders to the River Tweed1

The byelaw enacted by section 10 of the Salmon Fisheries (Scotland) Act 1868 as Schedule G to that Act, as amended by any other enactment, and so much of section 15 of that Act as relates thereto shall continue to have effect in relation to the River Tweed as it had effect before the commencement of this section.

2

Regulations made under section 3 of this Act shall have effect in relation to the River Tweed but the power to make regulations under subsection (1)(d) of that section includes power to except the River Tweed from the application of any such regulation.

3

Where such regulations have effect in relation to the River Tweed—

a

references to a salmon fishery district shall include references to the River Tweed ; and

b

references to a district salmon fishery board shall include references to the River Tweed Council

unless the contrary intention appears.

4

Subsections (3), (4)(a), (5) and (6) of section 6 and section 8 of this Act shall have effect in relation to the River Tweed with the following modifications—

a

references to a salmon fishery district shall include references to the River Tweed;

b

references to a district salmon fishery board shall include references to the River Tweed Council

and Schedule 1 to this Act shall, for the purposes of this subsection, be construed accordingly.

5

In making an annual close time order in respect of the River Tweed, the Secretary of State may prescribe an annual close time, being a continuous period of not less than 153 days.

6

The power to make regulations under—

a

section 3(2)(a) of this Act includes power to amend section 12 of the Tweed Fisheries Amendment Act 1859;

b

section 3(2)(d) of this Act includes power to amend sections 12 and 13 of that Act of 1859; and

c

section 3(2)(e) of this Act includes power to amend section 57 of the Tweed Fisheries Act 1857 ; and

d

section 8 of this Act includes power to amend section 6 of the Tweed Fisheries Amendment Act 1859

and the power to make an annual close time order in respect of the River Tweed includes power to amend section 6, 10 and 11 of that Act of 1859.

7

This section extends to so much of the River Tweed as is situated outwith Scotland.

Proprietors
11Qualified proprietors and upper and lower proprietors1

A qualified proprietor shall be, for the purposes of this Act, a proprietor of a salmon fishery entered in the valuation roll.

2

Where any salmon fishery is not entered or not entered separately in the valuation roll, the assessor shall, on the request of—

a

the clerk to the district salmon fishery board for the district in which the fishery is situated ; or

b

where there is no such board for the district, the proprietor of that fishery,

value that fishery and enter it in the valuation roll.

3

If a salmon fishery is situated in more than one salmon fishery district the assessor shall, on the request of—

a

the clerk to the district salmon fishery board for either or any of these districts; or

b

where there is no such board, the proprietor of that fishery

value that fishery and enter it in the valuation roll according to its value in each district.

4

A qualified proprietor shall be an upper proprietor or a lower proprietor for the purposes of this Act according to whether his salmon fishery is, respectively, upstream or downstream of a division of a river as defined in subsection (7) below and, in this Act, " upper proprietor " and " lower proprietor " each mean a qualified proprietor.

5

A qualified proprietor shall be both an upper proprietor and a lower proprietor if he is a qualified proprietor of one salmon fishery situated above and another situated below a division referred to in subsection (4) above, whether or not both fisheries are on the same river in the district, and he may act in either capacity or in both capacities in accordance with the provisions of this Act.

6

Subject to subsection (5) above, a qualified proprietor in a salmon fishery district shall not be eligible for election, co-option or appointment to the district salmon fishery board for that district in respect of more than one salmon fishery.

7

The division referred to in subsection (4) above shall be—

a

a line across the river between points on either bank prescribed by the Secretary of State under subsection (8) below; or

b

where the Secretary of State has not prescribed such points but a point of division has been fixed in accordance with section 6(4) of the Salmon Fisheries (Scotland) Act 1862, that point of division; or

c

where no division has been effected under paragraphs (a) or (b) above, the normal tidal limit.

8

When requested to do so by the district salmon fishery board for the district in which a river is situated, the Secretary of State may, by order made by statutory instrument, prescribe a point on each bank of the river to which the request relates.

9

The clerk to a district salmon fishery board shall maintain a roll showing—

a

the upper and lower proprietors in the district; and

b

the values of their fisheries as entered in the valuation roll;

and the board may, if they are satisfied that a name should be added or removed, add or remove it.

10

Subject to section 5 of the Sheriff Courts (Scotland) Act 1907 (jurisdiction as regards heritable property), the sheriff may, on summary application made to him by a person whose request to the board to add or remove a name has not been met, order the board to add or remove that name.

12Sole proprietor in a salmon fishery district1

Where, after the commencement of this section, there is in a salmon fishery district only one proprietor of salmon fisheries, for references in this Act, except under paragraph 1 of Schedule 2 to this Act, to two proprietors of salmon fisheries in a salmon fishery district for which there is no board there shall be substituted references to that sole proprietor.

2

Where, immediately before the commencement of this section, there is a sole proprietor in a district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868, the powers of a district board conferred on him by section 19 of the Salmon Fisheries (Scotland) Act 1862 shall, on the commencement of this Act, cease to be exercisable by him.

3

A person appointed as a water bailiff by a sole proprietor mentioned in subsection (2) above shall, on the commencement of this section, cease to have the powers and duties of a water bailiff conferred on him by or under any enactment to the extent that such powers and duties relate to that appointment.

13Mandatories1

A qualified proprietor or an elected member or chairman of a district salmon fishery board may at any time authorise a person to act for him ; and such a person is referred to in this Act as a " mandatory ".

2

A mandatory may as such be elected under Schedule 2 to this Act as a representative of qualified proprietors or as chairman but a person may not authorise another to act as a co-opted member under this Act nor shall a mandatory be co-opted under section 16(2) of this Act.

3

A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act may authorise a person in accordance with this section in either or both of his capacities or may do so in each capacity.

District salmon fishery boards
14District salmon fishery boards1

If proprietors of salmon fisheries in a salmon fishery district—

a

form an association for the purpose of the protection or improvement of the fisheries within their district; and

b

elect, in accordance with Schedule 2 to this Act, a committee to act for them,

that committee shall be the district salmon fishery board for that district; and the purpose of such a board shall be the purpose specified above in respect of the association.

2

A district salmon fishery board shall have the powers and duties conferred—

a

on them under this Act; and

b

by any other enactment on a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868;

and references in any enactment, other than in this Act, to a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall be construed as references to a district salmon fishery board.

3

Subject to subsection (4) below, a committee mentioned in subsection (1) above shall cease to be the district salmon fishery board for a district on the expiry of a period of three years from the date of the last meeting of proprietors which elected, in accordance with Part I of Schedule 2 to this Act, such members as require to be elected under Part II of that Schedule.

4

On the coming into force of a designation order—

a

the transitional district board for ; or

b

the committee within the meaning of this section in respect of

a district superseded by the district so designated, as the case may be, shall cease to be a district salmon fishery board; and the committee within the meaning of this section which has been constituted in accordance with Schedule 2 to this Act in anticipation of the order and in respect of the district designated by the order shall be the district salmon fishery board for that district.

5

If a committee ceases to be a district salmon fishery board, the assets and liabilities of that board shall be the assets and liabilities of the members of the association for which the committee acts; but, for the purposes of the winding-up of such an association, any assets of the former board remaining after the settlement of the liabilities of the former board shall be distributed amongst all the proprietors in the district who were liable to the fishery assessment immediately before the date on which the committee ceased to be such a board, according to the valuation of each fishery as entered in the valuation roll at that date.

6

A district salmon fishery board shall not be bound by any direction given to them by the association for which the elected members of the board act as a committee.

7

Nothing in this section shall affect the powers and duties of the River Tweed Council.

8

The powers and duties under any enactment of district boards constituted in accordance with the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall cease to have effect in relation to such boards and Schedule 3 to this Act shall have effect as respects such a board which was in office immediately before the commencement of this section; and such a board is referred to in this Act as a " transitional district board ".

9

There may be a district salmon fishery board for a district whether or not there are salmon in the waters of that district.

10

The Secretary of State may by order vary the provisions of Schedule 2 or Schedule 3 to this Act.

11

An order under subsection (10) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

15Financial powers and duties of district salmon fishery boards1

Each year, a district salmon fishery board shall prepare—

a

a report; and

b

a statement of accounts, which shall be audited,

relating to the activities of the board ; and the clerk of the board shall call an annual meeting of qualified proprietors in the district for the purposes of considering the report and the audited accounts.

2

A district salmon fishery board shall have power to impose an assessment, to be known as the fishery assessment, on each salmon fishery in their district.

3

The fishery assessment shall be assessed at such uniform rate or rates as are determined for all fisheries in the district by the board and shall be exigible according to the valuation of a fishery as entered in the valuation roll.

4

Subsections (2) and (3) of section 11 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.

5

Arrears of fishery assessment may be recovered by—

a

the district salmon fishery board which imposed the assessment; or

b

the district salmon fishery board for a district created by a designation order in respect of an assessment imposed by a district salmon fishery board for a district superseded by that order; or

c

the district salmon fishery board which replaced a transitional district board in respect of an assessment imposed by the transitional district board,

as the case may be, by action for payment of money.

6

Any of the boards mentioned in subsection (5) above may recover arrears of fishery assesment which were due immediately before the commencement of this section under section 23 of the Salmon Fisheries (Scotland) Act 1862 in respect of any part of their district.

7

The powers under subsections (5) and (6) above to recover arrears of fishery assessment include power to recover interest, chargeable at such rate as the Secretary of State shall, with the consent of the Treasury, determine, on such arrears from—

a

in the case of recovery of arrears under subsection (5) above which have been outstanding for at least three months from the date of issue of a notice of assessment, that date; or

b

in the case of recovery of arrears under subsection (6) above which have been outstanding for at least three months from the date of the coming into force of this section, that date,

until payment or the commencement of an action for payment, whichever is the earlier.

8

A board may, in carrying out its purpose under this Act, borrow—

a

an amount not exceeding twice the amount of the fishery assessment collected within the twelve month period immediately prior to the date of the decision to borrow ; or

b

such higher sum as is approved by the proprietors of fisheries which together amount to four fifths of the total value of fisheries in the district as entered in the valuation roll.

9

In subsection (8)(a) above, " collected " means collected in—

a

the district for which that board is the district salmon fishery board; and

b

if that district has been designated in an order made under section 1(2) of this Act within that twelve month period, all the districts superseded by that order.

10

In carrying out its purpose, a district salmon fishery board may authorise expenditure, including expenditure for the acquisition of heritable property, out of sums accruing to it from—

a

the fishery assessment;

b

the exercise of the power, under subsection (8) above, to borrow; or

c

any other source ;

but it shall not pay to any member of that board any salary or fees for his acting in any way as a member of or under that board.

16General powers and duties of district salmon fishery boards1

A district salmon fishery board may do such acts, execute such works and incur such expenses as may appear to them expedient for—

a

the protection or improvement of the fisheries within their district;

b

the increase of salmon ; or

c

the stocking of the waters of the district with salmon.

2

The elected members of a district salmon fishery board shall, in accordance with Part II of Schedule 2 to this Act, co-opt representatives of salmon anglers and tenant netsmen.

3

On such terms and conditions as the board think fit, a district salmon fishery board—

a

shall appoint a person to act as clerk to the board ; and

b

may appoint persons to act as water bailiffs, or in such other capacity as the board see fit.

4

A district salmon fishery board may sue or be sued in the name of their clerk.

5

References in any enactment to water bailiffs shall include references to water bailiffs appointed under this section.

17Proceedings of district salmon fishery boards1

The first meeting of a district salmon fishery board shall be at the date, time and place determined by the members of the board who were elected at the meeting of qualified proprietors called under paragraph 1 of Schedule 2 to this Act but in any case shall be no later than 21 days after that meting.

2

A district salmon fishery board shall determine the quorum for their meetings.

3

At any meeting of the board, each member shall have one vote, subject to the following exceptions—

a

the chairman, in his capacity as such, shall have both a casting and a deliberative vote ; and

b

a person who is both an upper proprietor and a lower proprietor by virtue of section 11(5) of this Act shall have a vote in either capacity or in both capacities according to the capacity or capacities in which he has been elected or co-opted.

4

No act or proceeding of a district salmon fishery board shall be questioned on account of any vacancy in their membership and no defect in the qualification or appointment of any person acting as a member shall vitiate any proceedings of the board in which that member has taken part.

5

The minutes of proceedings of district salmon fishery boards shall be signed by the chairman and shall be conclusive evidence of the proceedings ; and a meeting so minuted shall be presumed to have been duly convened and held and all members thereof to have been duly qualified.

6

On the written request of any two members of the board, the chairman shall be bound to convene a meeting of the board within fourteen days of receiving the request and the clerk shall give notice to each member of the date, time and place of and the agenda for that meeting.

18Tenure of office1

Before the expiry of a period of three years from—

a

the first election of the members of the board ; or

b

the last meeting of qualified proprietors called under this section

the clerk to that board shall call a meeting of qualified proprietors in that district for the purpose of electing or re-electing, in accordance with Part I of Schedule 2 to this Act, such members as require to be elected under Part II of that Schedule; and at that meeting each member of the board shall resign.

2

The provisions of Schedule 2 to this Act, apart from paragraph 1, shall apply to further elections as they apply to the first election of the members.

3

Without prejudice to subsection (1) above, a member of a district salmon fishery board may resign at any time and where a person ceases to meet the requirements of this Act for membership of a district salmon fishery board he shall cease to be a member of that board.

4

Where a person is both an upper and a lower proprietor by virtue of section 11(5) of this Act, subsection (3) above shall have effect as respects either or each such capacity.

5

Where a vacancy in their number occurs, the board shall, so far and as soon as is reasonably practicable, fill that vacancy by

a

the electing by the elected members from amongst themselves of a new chairman ;

b

the appointing by the elected members of a qualified proprietor in the district as a representative of qualified proprietors according to the rules in Schedule 2 to this Act regarding the balance between upper and lower proprietors; and

c

the co-opting by the board of a representative of salmon anglers or of tenant netsmen in accordance with that Schedule,

as the case may be, and a person appointed under paragraph (b) above shall be an elected representative of qualified proprietors for the purposes of this Act.

Application to the Esk
19Application of Part I to the River Esk

The provisions of Part I of this Act shall not apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland.

PART IIOther Provisions Applying to Scotland
20Additional powers in respect of licensing and regulation of salmon dealing1

Without prejudice to the generality of section 44 of the Civic Government (Scotland) Act 1982 (power to designate additional activities as subject to licensing and regulation) an order as respects dealing in salmon made under that section may—

a

define dealing in salmon and so define it as to—

i

include such acts preparatory to or connected with dealing in salmon;

ii

exclude dealing in such class or classes of salmon

as may be specified in the order;

b

provide that the offence under section 7(1) of that Act (doing anything for which a licence is required without having one) shall be punishable—

i

on summary conviction, by imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum or both;

ii

on conviction on indictment, by imprisonment for a term not exceeding two years, or a fine or both;

c

provide that it shall be an offence for any person, other than a person holding a salmon dealer's licence, to buy salmon from or sell salmon to a person not having such a licence;

d

provide that the offences under the said section 7(1) and any provision under paragraph (c) above shall be subject to such exceptions as may be specified in the order;

e

provide that a licence shall be required only for such class or classes of dealing in salmon and dealing in such class or classes of salmon as may be specified in the order;

f

provide as to the exercise of powers of entry and search by water bailiffs and persons appointed by the Secretary of State under section 10(5) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951

but not so as to enable these powers to be exercised in any dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith.

2

The Secretary of State shall have power, by order to prescribe, or to prescribe the maximum amounts of, the fees which the licensing authority may determine and charge under sub-paragraph (1) of paragraph 15 of Schedule 1 to the said Act of 1982 in respect of the licensing of dealing in salmon; and in that respect the licensing authority's powers under that paragraph shall be subject to the provisions of any such order.

3

An order made under subsection (2) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

21Permitted methods of fishing for salmon

In section 2 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (methods of fishing)—

a

after subsection (1) there shall be inserted the following subsection—

1A

No person shall fish for or take salmon in any waters in a salmon fishery district other than inland waters, except by rod and line, net and coble or bag net, fly net or other stake net.

b

after subsection (2) there shall be inserted the following subsections—

2A

After consulting such persons as he considers appropriate, the Secretary of State may, for the purposes of this section, by regulations define fishing for or taking salmon by—

a

net and coble ;

b

bag net, fly net or other stake net,

whether by reference to anything used for the purpose, or to the circumstances in which or method by which it is so used, or to any combination thereof; and, in relation to net and coble, may make different provision as respects inland waters from that made as respects other waters.

2B

The power to make regulations under this section includes power to amend or repeal section 62 of the Tweed Fisheries Act 1857 and section 12 and 13 of the Tweed Fisheries Amendment Act 1859.

2C

Regulations made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

.

22Offence of possessing salmon which have been illegally taken, killed or landed1

After section 7 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 there shall be inserted the following section—

7AOffence of possessing salmon which have been illegally taken, killed or landed.1

A person who—

a

is in possession of salmon and believes; or

b

is in possession of salmon in circumstances in which it would be reasonable for him to suspect

that a relevant offence has at any time been committed in relation to the salmon shall be guilty of an offence and liable—

i

on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum or both;

ii

on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine or both.

2

It shall be a defence in proceedings for an offence under this section to show that no relevant offence had in fact been committed in relation to the salmon.

3

It shall be lawful to convict a person charged under this section on the evidence of one witness.

4

For the purposes of this section an offence is a relevant offence in relation to a salmon if—

a

it is committed by taking, killing or landing that salmon, either in Scotland or in England and Wales; or

b

that salmon is taken, killed or landed, either in Scotland or in England and Wales in the course of the commission of the offence.

5

In subsection (4) above, " offence ", in relation to the taking, killing or landing of salmon either in Scotland or in England or Wales, means an offence under the law applicable to the place where the salmon is taken, killed or landed.

6

A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.

7

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

8

Where the affairs of a body corporate are managed by its members, subsection (7) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

.

2

In section 11 of that Act (power of search)—

a

in each of subsections (1) and (3) for the words " three and four" there shall be substituted " 1 to 4, 7 and 7A " ;

b

after the said subsection (3) there shall be inserted the following subsection—

3A

Where a constable has reasonable grounds for suspecting that an offence against section 7A of this Act is being committed and that evidence of the commission of the offence is to be found in any premises (other than a dwelmg-house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith) but by reason of urgency or other good cause it is impracticable to apply for a warrant to search such premises, he may search them without warrant.

;

c

in subsection (4)—

i

for the words " section three or section four " there shall be substituted " any of the provisions of sections 1 to 4, 7 and 7A " ;

ii

after the word " thereon " there shall be inserted the words—

or in any stationary vehicle on—

a

a road within the meaning of the Roads (Scotland) Act 1984; or

b

a highway within the meaning of the Highways Act 1980

adjoining such water or such land,

.

23Power of court in trial of one offence to convict of another

If, upon a trial for an offence under—

a

section 10 of the Tweed Fisheries Amendment Act 1859 (having or selling salmon taken from the River Tweed during annual close time);

b

section 21 of the Salmon Fisheries (Scotland) Act 1868 (buying or selling salmon in close time);

c

section 7 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (possessing illegally taken salmon or trout);

d

section 7A of the said Act of 1951 (possessing illegally taken salmon); or

e

any rule of law relating to reset;

the court is not satisfied that the accused is guilty of the offence charged but is satisfied that he is guilty of another of these offences, it may acquit him of the offence charged but find him guilty of the other offence and he shall then be liable to the same punishment as for that other offence.

24Unauthorised introduction of salmon or salmon eggs into certain waters1

A person who intentionally introduces any salmon or salmon eggs into inland waters in a salmon fishery district for which there is a district salmon fishery board shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

2

A person shall not be guilty of an offence under this section in respect of an introduction of salmon or salmon eggs into such waters if—

a

he has the previous written consent of the district salmon fishery board for the salmon fishery district in which these waters are situated; or

b

the waters constitute or are included in a fish farm within the meaning of the Diseases of Fish Act 1937.

25Fixed engines in the Solway

After section 7 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, there shall be inserted the following section—

7BFixed engines in the Solway.1

Any person who, for the purpose of taking or obstructing the free passage of salmon, places or uses an uncertificated fixed engine within the limits of the Solway Firth in Scotland shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

2

In subsection (1) above—

' fixed engine' includes any net or other implement for taking fish which is fixed to the soil or made stationary in any other way; and

' uncertificated ' means not having been certified as privileged under section 5 of the Solway Salmon Fisheries Commissioners (Scotland) Act 1877.

26Poaching in the Esk1

Section 21 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, (non-application of that Act to the River Esk in Scotland) shall be renumbered as subsection (1) of that section and—

a

at the beginning of that subsection there shall be inserted the words " Subject to subsection (2) below, " ; and

b

after that subsection there shall be added the following subsection—

2

Section 1 of this Act and sections 3 and 18 to 20 so far as relating to an offence under that section shall apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland.

.

2

In section 39 of the Salmon and Freshwater Fisheries Act 1975 (application of that Act to certain Border waters including the River Esk) there shall be inserted after subsection (1) the following subsection—

1A

In the application of this Act, under subsection (11(b) above, to the River Esk in Scotland, references to this Act in sections 31 to 33 and section 36 shall be construed as including references to sections 1, 3 and 18 to 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 as applied to that River by section 21 of that Act.

.

3

In section 43(3) of the said Act of 1975 (Scottish extent) after the words " 39(1)" there shall be inserted the word " ,(1A) ".

4

Section 9 of the Solway Act 1804 shall, so far as relating to salmon, cease to have effect in relation to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland.

27Exemption from certain offences in respect of certain acts1

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.

28Exemption from certain offences in respect of acts done for scientific etc. purposes1

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

he has obtained the previous permission in writing—

i

if the act or omission is one to which this subparagraph applies, of the district salmon fishery board for the salmon fishery district in which it takes place or of the Secretary of State ; and

ii

in any other case, of the Secretary of State for the act or omission.

2

Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph—

a

takes place in a salmon fishery district for which there is a district salmon fishery board ; and

b

is a contravention of—

i

section 45 of the Tweed Fisheries Act 1857 ;

ii

section 6 of the Tweed Fisheries Amendment Act 1859 ;

iii

section 18, 19 or 20 of the Salmon Fisheries (Scotland) Act 1868 ; or

iv

section 2 or 4(c) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

3

A permission under subsection (1) above shall specify the act or omission permitted and the enactment to which the permission relates.

4

In this section—

a

references to a salmon fishery district and to a district salmon fishery board include respectively references to the River Tweed and to the River Tweed Council:

b

" enactment" includes any instrument made after the passing of this Act under any enactment.

29Application of sections 27 and 28 to River Esk and River Tweed1

Sections 27 and 28 of this Act, as respects any enactment—

a

which does not apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland but otherwise extends to Scotland, shall likewise not apply to that part of that River;

b

which applies to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland but otherwise does not extend to Scotland, shall not apply to that part of that River;

c

which extends to Scotland only but also applies to so much of the River Tweed as is situated outwith Scotland, shall likewise apply to that part of that River.

2

In this section, " enactment" includes any instrument made after the passing of this Act under any enactment.

30Prosecution of offences under the Act of 18681

Section 30 and sections 38 to 40 of the Salmon Fisheries (Scotland) Act 1868 (prosecution of offences at the instance of the clerk to a district board or of any other person) shall cease to have effect but any proceedings begun before the commencement of this section shall proceed as if this section had not been passed.

2

A person who commits an offence under section 15 or sections 18 to 24 of that Act may be convicted on the evidence of one witness.

PART IIIProvisions Applying to England and Wales
31Dealer licensing in England and Wales1

The Minister of Agriculture, Fisheries and Food and the Secretary of State may by order made by statutory instrument make provision for the purpose of prohibiting persons, in such cases as may be specified in the order, from—

a

dealing in salmon otherwise than under and in accordance with a licence issued in pursuance of the order by such person as may be so specified ; or

b

buying salmon from a person who is not licensed to deal in salmon.

2

Without prejudice to the generality of subsection (1) above, an order under this section may—

a

prescribe the manner and form of an application for a licence to deal in salmon and the sum, or maximum sum, to be paid on the making of such an application;

b

specify the circumstances in which such an application is to be granted or refused and the conditions that may be incorporated in such a licence ;

c

authorise the amendment, revocation or suspension of such a licence;

d

create criminal offences consisting in the contravention of, or failure to comply with, provisions made under this section;

e

provide for matters to be determined for the purposes of any such provision by a person authorised by any such provision to issue a licence ; and

f

make provision, whether by applying provisions of the Salmon and Freshwater Fisheries Act 1975 or otherwise, for the purpose of facilitating the enforcement of any provision made under this section.

3

An order under this section may—

a

make different provision for different cases ; and

b

contain such incidental, supplemental and transitional provision as appears to the Minister of Agriculture, Fisheries and Food and the Secretary of State to be necessary or expedient.

4

Except in the case of an order to which subsection (5) below applies, no order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

5

A statutory instrument containing an order under this section which relates exclusively to the sum, or maximum sum, to be paid on the making of an application for a licence to deal in salmon shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this section " deal", in relation to salmon, includes selling any quantity of salmon, whether by way of business or otherwise, and acting on behalf of a buyer or seller of salmon.

32Handling salmon in suspicious circumstances1

Subject to subsections (3) and (4) below, a person shall be guilty of an offence if, at a time when he believes or it would be reasonable for him to suspect that a relevant offence has at any time been committed in relation to any salmon, he receives the salmon, or undertakes or assists in its retention, removal or disposal by or for the benefit of another person, or if he arranges to do so.

2

For the purposes of this section an offence is a relevant offence in relation to a salmon if—

a

it is committed by taking, killing or landing that salmon, either in England and Wales or in Scotland ; or

b

that salmon is taken, killed or landed, either in England and Wales or in Scotland, in the course of the commission of the offence.

3

It shall be immaterial for the purposes of subsection (1) above that a person's belief or the grounds for suspicion relate neither specifically to a particular offence that has been committed nor exclusively to a relevant offence or to relevant offences; but it shall be a defence in proceedings for an offence under this section to show that no relevant offence had in fact been committed in relation to the salmon in question.

4

A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.

5

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both ;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

6

The Salmon and Freshwater Fisheries Act 1975 shall have effect as if—

a

in section 31(1)(b) and (c) (powers of search of water bailiffs), the references to a fish taken in contravention of that Act included references to a salmon in relation to which a relevant offence has been committed ; and

b

in sections 33(2) (warrants to enter suspected premises), 36(1) (water bailiffs to be constables for the purpose of enforcing Act) and 39(1) (border rivers) and in paragraph 39(l)(a) of Schedule 3 (prosecution by water authorities) and Part II of Schedule 4 (procedure on prosecutions), the references to that Act included references to this section.

7

In this section " offence ", in relation to the taking, killing or landing of a salmon either in England and Wales or in Scotland, means an offence under the law applicable to the place where the salmon is taken, killed or landed.

33Placing and use of fixed engines1

For subsection (1) of section 6 of the Salmon and Freshwater Fisheries Act 1975 (under which it is an offence to place a fixed engine in any inland or tidal waters or to use an unauthorised fixed engine for specified purposes) there shall be substituted the following subsection—

1

Any person who places or uses an unauthorised fixed engine in any inland or tidal waters shall be guilty of an offence

.

2

In subsection (3) of the said section 6 (definition of unauthorised fixed engine), at the end of paragraph (b) there shall be inserted

; or

c

a fixed engine the placing and use of which is authorised by byelaws made by a water authority under this Act or by byelaws made by a local fisheries committee by virtue of section 37(2) of the Salmon Act 1986.

3

In Part II of Schedule 3 to the said Act of 1975 (byelaws), after paragraph 21 there shall be inserted the following paragraph—

21A

Authorising the placing and use of fixed engines at such places in the water authority area (not being places within the sea fisheries district of a local fisheries committee), at such times and in such manner as may be prescribed by the byelaws and imposing requirements as to the construction, design, material and dimensions of such engines, including in the case of nets the size of mesh.

.

34Introduction of fish into fish farms without consent

In section 30 of the Salmon and Freshwater Fisheries Act 1975 (prohibition of introduction of fish into inland waters without the consent of the water authority), at the end there shall be added the words " or the inland water is one which consists exclusively of, or of part of, a fish farm and which, if it discharges into another inland water, does so only through a conduit constructed or adapted for the purpose.

In this section " fish farm " has the same meaning as in the Diseases of Fish Act 1937.".

35Removal of differential penalties under Salmon and Freshwater Fisheries Act 19751

In the Table in Part I of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (mode of prosecution and punishment for offences), for the entries relating to sections I and 27 (being entries which make different provision according to whether the offender acted with another and do not provide for imprisonment on summary conviction) there shall be substituted the following entries, respectively—

Provision of Act creating the offence

Description of offence

Mode of prosecution

Punishment

(1)

(2)

(3)

(4)

Section 1

Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish.

(a) Summarily

Three months or the statutory maximum or both.

(b) On indictment

Two years or a fine or both.

Section 27

Fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing.

(a) If the instrument in question, or each of the instruments in question, is a rod and line, summarily.

Level 4 on the standard-scale.

(b) In any other case—

(i) summarily

three months or the statutory maximum or both;

(ii) on indictment

two years or a fine or both.

.

2

Subsection (1) above shall not affect any proceedings in respect of, or the punishment for, an offence committed before that subsection comes into force.

36Servants and agents authorised by fishing licences1

For paragraph 9 of Schedule 2 to the Salmon and Freshwater Fisheries Act 1975 (persons treated as servants and agents of licensee for the purpose of being entitled to use an instrument under the authority of the licence) there shall be substituted the following paragraph—

91

A person who uses an instrument of any description for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing with instruments of that description is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use an instrument of that description unless, at the time that person uses the instrument—

a

his name and address are entered on the licence in accordance with the following provisions of this Schedule; and

b

he is not himself the holder of a licence to use an instrument of that description in that area ; and

c

he is accompanied by the licensee or has the consent of the water authority to his use of the instrument in the absence of the licensee.

2

A person who uses an instrument of any description for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use an instrument of that description unless, at the time that person uses the instrument—

a

his name and address are entered on the licence in accordance with the following provisions of this Schedule; or

b

he is accompanied by the licensee; or

c

he has the consent of the water authority to his use of the instrument otherwise than where there is compliance with paragraph (a) or (b) above.

3

The consent of a water authority shall not be given under this paragraph except—

a

in the case of a consent for the purposes of subparagraph (1) (c) above, in relation to a period which appears to the water authority to be a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;

b

in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent appears to the water authority to be required by the special circumstances of the case.

2

Accordingly, in section 25(3) of that Act, for the words from "not exceeding" onwards there shall be substituted the words " subject to the provisions of paragraphs 9 to 13 of Schedule 2 to this Act ".

37Byelaws under Sea Fisheries Regulation Act 19661

Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under section 5 of the Sea Fisheries Regulation Act 1966 shall be exercisable for the purposes of protecting salmon and of preventing any interference with their migration and shall be so exercisable as if the references in that section to sea fish included references to salmon.

2

Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under the said section 5 shall also include power to make byelaws which for the purposes of section 6 of the Salmon and Freshwater Fisheries Act 1975 authorise the placing and use of fixed engines at such places in their sea fisheries district, at such times and in such manner as may be prescribed by the byelaws and impose requirements as to the construction, design, material and dimensions of such engines, including in the case of nets the size of mesh.

3

A local fisheries committee shall not make byelaws for any purpose mentioned in subsection (1) or (2) above unless the water authority whose area for the purposes of functions relating to fisheries includes the whole or any part of the committee's sea fisheries district have consented to byelaws being made by the committee for that purpose.

4

For the purposes of any byelaws made by virtue of this section the references to sea fish in sections 10(2)(c) and 12 of the said Act of 1966 (which include provision with respect to the seizure of, and searches for, sea fish taken in contravention of byelaws) shall be deemed to include references to salmon.

5

In this section—

" fixed engine " has the same meaning as in the Salmon and Freshwater Fisheries Act 1975 ; and

" salmon" means fish of the salmon species and trout which migrate to and from the sea.

38Disclosure of information furnished under the Diseases of Fish Act 1983

In subsection (1) of section 9 of the Diseases of Fish Act 1983 (disclosure of information obtained in pursuance of section 7 of that Act), after paragraph (c) there shall be inserted the words

or

d

for the purpose of enabling a water authority to carry out any of their functions under the 1937 Act

.

PART IVMiscellaneous
39Review of certain salmon net fishing1

The Minister of Agriculture, Fisheries and Food and the Secretary of State shall, as soon as practicable after the end of the period of three years beginning with the passing of this Act, prepare a report which, in the context of the need to ensure—

a

that sufficient salmon return to spawn in the rivers wholly or partly situated in the areas and districts specified in subsection (3) below; and

b

that fishing for salmon by means of nets is properly managed in those areas and districts,

reviews the nature and extent of all such fishing in those areas and districts.

2

A copy of the report prepared under subsection (1) above shall be laid before each House of Parliament.

3

The areas and districts referred to in subsection (1) above are the areas of the Yorkshire and Northumbrian water authorities and the salmon fishery districts from the River Forth to the River Ugie, the River Tweed being deemed for the purposes of this section to be included in those areas and districts.

40Interpretation1

In this Act, unless the context otherwise requires—

" annual close time order " has the meaning ascribed to it in section 6 (3) of this Act;

" assessor " means the assessor or depute assessor for a valuation area appointed under section 116 of the Local Government (Scotland) Act 1973 ;

" board " and " district salmon fishery board " mean—

a

the committee of an association of proprietors of salmon fisheries within the meaning of section 14 of this Act; or

b

a transitional district board within the meaning of section 14(8) of this Act;

" coastal limits " means the limits of seacoast fixed for a district under section 6(3) of the Salmon Fisheries person, company or corporation ;

" designation order" has the meaning ascribed to it in section 1(2) of this Act;

" district" and " salmon fishery district" mean an area described in section 1(1) of this Act or designated as such by a designation order ;

" enactment" includes any Act of Parliament, whether public, general, local or private, and any instrument made under any enactment;

"fishery assessment" has the meaning ascribed to it in section 15(2) of this Act;

" fishery " and " salmon fishery " means a salmon fishery in any river or estuary or in the sea ;

" inland waters " has the same meaning as in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;

" proprietor " means, subject to subsection (3) below, any person, partnership, company or corporation which is the proprietor of a salmon fishery or which receives or is entitled to receive the rents of such fishery on its own account or as trustee, guardian or factor for any Tweed Fisheries Amendment Act 1859, as amended by

" river " includes tributaries and any loch from or through which any river flows ;

" River Tweed " means " the River " as defined by the the byelaw made under section 4 of the Salmon Fisher-the byelaw made under section 4 of the Salmon Fisheries (Scotland) Act 1863 ;

" River Tweed Council" means the council constituted under section 6 of the Tweed Fisheries Act 1969:

" salmon " means all migratory fish of the species Salmo salar and Salmo trutta and commonly known as salmon and sea trout respectively or any part of any such fish;

" tenant netsman " means a person in possession of a right, under a lease or sub-lease, of fishing for salmon with nets: and

" valuation roll" means a roll made up under section 1 of the Local Government (Scotland) Act 1975.

2

In Part I of this Act, " the Salmon Fisheries (Scotland) Acts 1862 to 1868 " means—

the Salmon Fisheries (Scotland) Act 1862 ;

the Salmon Fisheries (Scotland) Act 1864 ;

and the Salmon Fisheries (Scotland) Act 1868.

3

In this Act, " proprietor " includes not more than one person authorised by—

a

in the case of a fishery in which more than one person has a pro indiviso share, such persons; or

b

in the case of a fishery in which the rights to that fishery are shared by more than one person in any other way, such persons,

but in neither case does it include, except by virtue of this subsection, a person whose right to that fishery is so shared.

41Amendments and repeals1

The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).

2

Subject to subsections (3) and (4) below, the enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

3

The repeal specified in Schedule 5 to this Act relating to section 13 of the Salmon Fisheries (Scotland) Act 1868 shall not extend to the River Tweed.

4

Notwithstanding the repeal specified in Schedule 5 to this Act relating to the Salmon Fisheries (Scotland) Act 1863, the byelaw made under section 4 of that Act in respect of the limits of the River Tweed shall continue to have effect; and the repeal of that section shall not affect the legality of any mode of fishing for or taking salmon at any place.

42Crown application1

Part I of this Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, but otherwise this Act shall not bind the Crown.

2

In this section, " land " includes salmon fisheries.

43Citation, commencement and extent1

This Act, which may be cited as the Salmon Act 1986, shall, with the exception of the provision mentioned in subsection (2) below, come into force on the expiry of the period of two months beginning with the date on which it is passed.

2

Section 21 of this Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and such an order may include such transitional or saving provisions as appear to the Secretary of State to be necessary or expedient in connection with the provision brought into force by the order.

3

The provisions of this Act modifying or repealing other enactments except section 38 have respectively the same extent as those other enactments.

4

Subject to the application of section 39(1) of the Salmon and Freshwater Fisheries Act 1975 (border rivers) in relation to section 32 of this Act and the enactments amended by sections 33 to 36 of this Act, sections 31 to 38 of this Act extend to England and Wales only.

5

Except as this Act otherwise provides, Parts I and II and section 42 of this Act extend to Scotland only.

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<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
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<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
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<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
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</p>
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<note class="margin-note" eId="m00005">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
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<note class="margin-note" eId="m00006">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1979/11">1979 c. 11</ref>
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<note class="margin-note" eId="m00007">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
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</p>
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<note class="margin-note" eId="m00008">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
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</p>
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<note class="margin-note" eId="m00009">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
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<note class="margin-note" eId="m00010">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
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<note class="margin-note" eId="m00011">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
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<note class="margin-note" eId="m00012">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
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<note class="margin-note" eId="m00013">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00014">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
</note>
<note class="margin-note" eId="m00015">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00016">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00017">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
</note>
<note class="margin-note" eId="m00018">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00019">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1859/70">1859 c. lxx</ref>
.
</p>
</note>
<note class="margin-note" eId="m00020">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1857/148">1857 c. cxlviii</ref>
.
</p>
</note>
<note class="margin-note" eId="m00021">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
</note>
<note class="margin-note" eId="m00022">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1907/51">1907 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00023">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
</note>
<note class="margin-note" eId="m00024">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1982/45">1982 c. 45</ref>
.
</p>
</note>
<note class="margin-note" eId="m00025">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00026">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1857/148">1857 c. cxlviii</ref>
.
</p>
</note>
<note class="margin-note" eId="m00027">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1859/70">1859 c. lxx</ref>
.
</p>
</note>
<note class="margin-note" eId="m00028">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00029">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/54">1984 c. 54</ref>
.
</p>
</note>
<note class="margin-note" eId="m00030">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1980/66">1980 c. 66</ref>
.
</p>
</note>
<note class="margin-note" eId="m00031">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1859/148">1859 c. cxlviii</ref>
.
</p>
</note>
<note class="margin-note" eId="m00032">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00033">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00034">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1937/33">1937 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00035">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00036">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1877/240">1877 c. ccxl</ref>
.
</p>
</note>
<note class="margin-note" eId="m00037">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00038">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00039">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1857/148">1857 c. cxlviii</ref>
.
</p>
</note>
<note class="margin-note" eId="m00040">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1859/70">1859 c. lxx</ref>
.
</p>
</note>
<note class="margin-note" eId="m00041">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00042">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00043">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00044">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00045">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00046">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00047">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1937/33">1937 c. 33</ref>
.
</p>
</note>
<note class="margin-note" eId="m00048">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00049">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1966/38">1966 c. 38</ref>
.
</p>
</note>
<note class="margin-note" eId="m00050">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
<note class="margin-note" eId="m00051">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1983/30">1983 c. 30</ref>
.
</p>
</note>
<note class="margin-note" eId="m00052">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1973/65">1973 c. 65</ref>
.
</p>
</note>
<note class="margin-note" eId="m00053">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
</note>
<note class="margin-note" eId="m00054">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1951/26">1951 c. 26</ref>
.
</p>
</note>
<note class="margin-note" eId="m00055">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1859/70">1859 c. lxx</ref>
.
</p>
</note>
<note class="margin-note" eId="m00056">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1863/50">1863 c. 50</ref>
.
</p>
</note>
<note class="margin-note" eId="m00057">
<p>
<ref href="http://www.legislation.gov.uk/id/ukla/1969/24">1969 c. xxiv</ref>
.
</p>
</note>
<note class="margin-note" eId="m00058">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/30">19 c. 1</ref>
.
</p>
</note>
<note class="margin-note" eId="m00059">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1862/97">1862 c. 97</ref>
.
</p>
</note>
<note class="margin-note" eId="m00060">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1864/118">1864 c. 118</ref>
.
</p>
</note>
<note class="margin-note" eId="m00061">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00062">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1868/123">1868 c. 123</ref>
.
</p>
</note>
<note class="margin-note" eId="m00063">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1863/50">1863 c. 50</ref>
.
</p>
</note>
<note class="margin-note" eId="m00064">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/1975/51">1975 c. 51</ref>
.
</p>
</note>
</notes>
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<ukm:Year Value="1986"/>
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<ukm:EnactmentDate Date="1986-11-07"/>
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<portionBody>
<part eId="part-I">
<num>PART I</num>
<heading>Administration of Salmon Fisheries in Scotland</heading>
<hcontainer name="crossheading" eId="part-I-crossheading-salmon-fishery-districts">
<heading>Salmon fishery districts</heading>
<section eId="section-1">
<num>1</num>
<heading>Salmon fishery districts</heading>
<subsection eId="section-1-1">
<num>1</num>
<intro>
<p>A salmon fishery district shall be the area within the coastal limits of a district (within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868) and extending—</p>
</intro>
<paragraph eId="section-1-1-a">
<num>a</num>
<content>
<p>seaward for three miles from mean low water springs, and</p>
</content>
</paragraph>
<paragraph eId="section-1-1-b">
<num>b</num>
<content>
<p>landward to include the catchment area of each river which flows directly or indirectly into the sea within these limits but excluding any area designated as a salmon fishery district by an order made under subsection (2) below.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-1-2">
<num>2</num>
<intro>
<p>Notwithstanding subsection (1) above, the Secretary of State may, in accordance with section 2 of this Act, by order designate any area as a salmon fishery district, whether or not it includes all or part of a salmon fishery district—</p>
</intro>
<paragraph eId="section-1-2-a">
<num>a</num>
<content>
<p>established by subsection (1) above; or</p>
</content>
</paragraph>
<paragraph eId="section-1-2-b">
<num>b</num>
<content>
<p>already designated as such by an order made under this subsection;</p>
</content>
</paragraph>
<wrapUp>
<p>and such an order is referred to in this Act as a " designation order ".</p>
</wrapUp>
</subsection>
<subsection eId="section-1-3">
<num>3</num>
<intro>
<p>Districts within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall cease to exist and, subject to subsection (6) below—</p>
</intro>
<paragraph eId="section-1-3-a">
<num>a</num>
<content>
<p>any reference in any enactment to a particular district within that meaning shall be construed as a reference to the salmon fishery district established by subsection (1) above which has the same coastal limits as that district; and</p>
</content>
</paragraph>
<paragraph eId="section-1-3-b">
<num>b</num>
<content>
<p>for references in any enactment, excluding this Act, to such districts in general there shall be substituted references to salmon fishery districts</p>
</content>
</paragraph>
<wrapUp>
<p>and a salmon fishery district which has the same coastal limits as a district within the meaning of these Acts shall have the same name as that district.</p>
</wrapUp>
</subsection>
<subsection eId="section-1-4">
<num>4</num>
<intro>
<p>After consulting such persons as he thinks fit, the Secretary of State may, by order made by statutory instrument—</p>
</intro>
<paragraph eId="section-1-4-a">
<num>a</num>
<intro>
<p>where an island or part of an island is not within the area of a salmon fishery district by virtue of subsections (1) or (2) above, include in the area of a salmon fishery district—</p>
</intro>
<subparagraph eId="section-1-4-a-i">
<num>i</num>
<content>
<p>that island or that part; and</p>
</content>
</subparagraph>
<subparagraph eId="section-1-4-a-ii">
<num>ii</num>
<content>
<p>the sea within three miles from mean low water springs on that island or that part;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-1-4-b">
<num>b</num>
<content>
<p>where there is doubt as to whether a particular place is in a particular salmon fishery district, make provision for the purpose of removing that doubt; or</p>
</content>
</paragraph>
<paragraph eId="section-1-4-c">
<num>c</num>
<content>
<p>change a reference used in describing a salmon fishery district where the suitability of that reference for that purpose has lessened or ceased</p>
</content>
</paragraph>
<wrapUp>
<p>but such an order shall not create a salmon fishery district.</p>
</wrapUp>
</subsection>
<subsection eId="section-1-5">
<num>5</num>
<content>
<p>The River Tweed shall not be a salmon fishery district except as otherwise provided in this Act</p>
</content>
</subsection>
<subsection eId="section-1-6">
<num>6</num>
<content>
<p>
References in the
<noteRef href="#m00001" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 and in any other enactment as amended by that Act to a district shall be construed as including references to the River Tweed.
</p>
</content>
</subsection>
</section>
<section eId="section-2">
<num>2</num>
<heading>Designation orders</heading>
<subsection eId="section-2-1">
<num>1</num>
<content>
<p>A designation order shall provide for the abolition of such salmon fishery districts as are superseded by the district so designated.</p>
</content>
</subsection>
<subsection eId="section-2-2">
<num>2</num>
<intro>
<p>A designation order shall provide for the application to the district so designated of such regulations—</p>
</intro>
<paragraph eId="section-2-2-a">
<num>a</num>
<content>
<p>made under section 3 of this Act; or</p>
</content>
</paragraph>
<paragraph eId="section-2-2-b">
<num>b</num>
<content>
<p>
made under the
<noteRef href="#m00002" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862
</p>
</content>
</paragraph>
<wrapUp>
<p>as the Secretary of State specifies in the order and he may, in such an order, amend regulations made under section 3 (2) (d) of this Act or under section 6(6) of that Act in their application under this subsection.</p>
</wrapUp>
</subsection>
<subsection eId="section-2-3">
<num>3</num>
<content>
<p>Subject to section 6(1) of this Act, a designation order shall specify for the district so designated the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line; and the order may make different provision for different parts of the district.</p>
</content>
</subsection>
<subsection eId="section-2-4">
<num>4</num>
<content>
<p>The power under section 1(2) of this Act to make a designation order shall not extend to the River Tweed.</p>
</content>
</subsection>
<subsection eId="section-2-5">
<num>5</num>
<content>
<p>Schedule 1 shall have effect as to the procedure in the making of a designation order.</p>
</content>
</subsection>
<subsection eId="section-2-6">
<num>6</num>
<content>
<p>The Secretary of State may by order vary the provisions of Schedule 1 to this Act.</p>
</content>
</subsection>
<subsection eId="section-2-7">
<num>7</num>
<content>
<p>An order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-I-crossheading-general-regulation-of-salmon-fisheries">
<heading>General regulation of salmon fisheries</heading>
<section eId="section-3">
<num>3</num>
<heading>Regulations</heading>
<subsection eId="section-3-1">
<num>1</num>
<content>
<p>Subject to subsection (4) below, regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 shall have effect in relation to a salmon fishery district as they had effect, immediately before the commencement of this section, in relation to the part of that salmon fishery district which was a district within the meaning of these Acts and which had the same coastal limits as that salmon fishery district.</p>
</content>
</subsection>
<subsection eId="section-3-2">
<num>2</num>
<intro>
<p>The Secretary of State shall have power, after consulting such persons as he considers appropriate, to make regulations with respect to—</p>
</intro>
<paragraph eId="section-3-2-a">
<num>a</num>
<content>
<p>the due observance of the weekly close time ;</p>
</content>
</paragraph>
<paragraph eId="section-3-2-b">
<num>b</num>
<content>
<p>the construction and use of cruives;</p>
</content>
</paragraph>
<paragraph eId="section-3-2-c">
<num>c</num>
<content>
<p>the construction and alteration of dams, including mill dams, or lades or water wheels so as to afford a reasonable means for the passage of salmon;</p>
</content>
</paragraph>
<paragraph eId="section-3-2-d">
<num>d</num>
<content>
<p>the meshes, materials and dimensions of nets used in fishing for or taking salmon ;</p>
</content>
</paragraph>
<paragraph eId="section-3-2-e">
<num>e</num>
<content>
<p>obstructions in rivers or estuaries to the passage of salmon;</p>
</content>
</paragraph>
<paragraph eId="section-3-2-f">
<num>f</num>
<intro>
<p>the construction, alteration and use for the control of the passage of salmon of—</p>
</intro>
<subparagraph eId="section-3-2-f-i">
<num>i</num>
<content>
<p>screens in off-takes from inland waters; and</p>
</content>
</subparagraph>
<subparagraph eId="section-3-2-f-ii">
<num>ii</num>
<content>
<p>structures associated with such screens.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-3-3">
<num>3</num>
<content>
<p>
The Secretary of State shall have power, after consulting such persons as he considers appropriate, to make regulations amending section 13 of the
<noteRef href="#m00003" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (extent of the weekly close time and the period within which rod and line fishing is permitted); provided always that such regulations shall not shorten the periods specified in the said section 13.
</p>
</content>
</subsection>
<subsection eId="section-3-4">
<num>4</num>
<content>
<p>The power to make regulations under subsection (2) above includes power to revoke any regulations as described in subsection (1) above; and such regulations shall be treated as revoked insofar as they are inconsistent with the provisions of regulations made under this section.</p>
</content>
</subsection>
<subsection eId="section-3-5">
<num>5</num>
<content>
<p>
The power to make regulations under paragraphs (c) or (f) of subsection (2) above includes power to except from the application of a regulation or part of a regulation any works or any category of works; and section 11 of the
<noteRef href="#m00004" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 shall apply to regulations so made.
</p>
</content>
</subsection>
<subsection eId="section-3-6">
<num>6</num>
<intro>
<p>The power to make regulations under subsection (2)(d) above includes power—</p>
</intro>
<paragraph eId="section-3-6-a">
<num>a</num>
<content>
<p>to make different provision for different districts or different parts of a district;</p>
</content>
</paragraph>
<paragraph eId="section-3-6-b">
<num>b</num>
<content>
<p>to except from the application of a regulation or part of a regulation a district or part of a district specified in the regulations.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-3-7">
<num>7</num>
<intro>
<p>References in any enactment, other than in this Act or in section 36 of the Salmon Fisheries (Scotland) Act 1868, to—</p>
</intro>
<paragraph eId="section-3-7-a">
<num>a</num>
<content>
<p>
byelaws or regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the
<noteRef href="#m00005" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862; or
</p>
</content>
</paragraph>
<paragraph eId="section-3-7-b">
<num>b</num>
<content>
<p>the provisions of any of the Schedules to that Act of 1868 relating to such matters</p>
</content>
</paragraph>
<wrapUp>
<p>shall be construed as including references to regulations made under subsection (2) above.</p>
</wrapUp>
</subsection>
<subsection eId="section-3-8">
<num>8</num>
<content>
<p>Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
<section eId="section-4">
<num>4</num>
<heading>Private generating stations</heading>
<subsection eId="section-4-1">
<num>1</num>
<content>
<p>
In subsection (2) of section 5 of the
<noteRef href="#m00006" placement="inline" class="margin-note"/>
Electricity (Scotland) Act 1979 (formation of Fisheries Committee), after the words " Secretary of State " where they first occur there shall be inserted the words " , to a body or person who wishes to establish or extend a private generating station under section 35 ".
</p>
</content>
</subsection>
<subsection eId="section-4-2">
<num>2</num>
<content>
<p>After subsection (1) of section 35 (control of private hydroelectric generating stations), there shall be inserted the following subsections—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e427">
<num>1A</num>
<content>
<p>A person or body wishing to establish or extend any such station shall prepare proposals with a view to the execution of the necessary works and paragraphs 2, 3 and 6 of Schedule 4 to this Act shall have effect in relation to such proposals as if they were constructional schemes proposed under section 10 of this Act and, for the purposes of this subsection, references in that Schedule to the Boards shall be construed as references to such a person or body.</p>
</content>
</subsection>
<subsection eId="d4e433">
<num>1B</num>
<content>
<p>The Secretary of State may make his consent under subsection (1) above conditional on the acceptance by the person or body of any recommendation made under paragraph 3 of Schedule 4 to this Act relating to the proposed establishment or extension; and such person or body shall be bound to implement such recommendation in executing the proposed works.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-4-3">
<num>3</num>
<content>
<p>In paragraph 1 of Schedule 4 (constitution and functions of Fisheries Committee), after the words " Secretary of State " where they secondly occur there shall be inserted the words " , to a body or person who wishes to establish or extend a private generating station under section 35 ".</p>
</content>
</subsection>
</section>
<section eId="section-5">
<num>5</num>
<heading>Enforcement of regulations</heading>
<subsection eId="section-5-1">
<num>1</num>
<intro>
<p>
In section 15 of the
<noteRef href="#m00007" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 (offences related to regulations)—
</p>
</intro>
<paragraph eId="section-5-1-a">
<num>a</num>
<content>
<p>for the words from the beginning to " following offences " there shall be substituted the words " Any person " ;</p>
</content>
</paragraph>
<paragraph eId="section-5-1-b">
<num>b</num>
<content>
<p>paragraph (7) shall be omitted; and</p>
</content>
</paragraph>
<paragraph eId="section-5-1-c">
<num>c</num>
<content>
<p>
for the words from " shall for every such offence " to the end there shall be substituted the words " shall be guilty of an offence; and section 19 of the
<noteRef href="#m00008" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (forfeiture of fish, instruments, articles, vehicles or boats) shall apply in relation to persons convicted of an offence under this section as it applies to those convicted of an offence under Part I or section 13 of that Act ".
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-5-2">
<num>2</num>
<intro>
<p>Without prejudice to the generality of section 3(7) of this Act, in section 15 of that Act, "byelaw"—</p>
</intro>
<paragraph eId="section-5-2-a">
<num>a</num>
<content>
<p>in paragraph (8), shall include regulations made under section 3(2) of this Act and the offence specified in that paragraph shall, as respects such regulations, extend to so much of the River Tweed as is situated outwith Scotland ; and</p>
</content>
</paragraph>
<paragraph eId="section-5-2-b">
<num>b</num>
<content>
<p>in paragraphs (2), (3) and (4), shall include such regulations except to the extent that they extend to the River Tweed.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-6">
<num>6</num>
<heading>Annual close time</heading>
<subsection eId="section-6-1">
<num>1</num>
<content>
<p>The annual close time for a salmon fishery district shall be a continuous period of not less than 168 days and shall apply to every mode of fishing for and taking salmon except to the extent that provision is made for periods within that time during which it is permitted to fish for and take salmon by rod and line.</p>
</content>
</subsection>
<subsection eId="section-6-2">
<num>2</num>
<intro>
<p>Subject to subsection (3) below, the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line shall be, in the case of any particular district—</p>
</intro>
<paragraph eId="section-6-2-a">
<num>a</num>
<content>
<p>the dates and periods specified in the designation order made in respect of that district; or</p>
</content>
</paragraph>
<paragraph eId="section-6-2-b">
<num>b</num>
<content>
<p>
where no designation order has been made in respect of that district, the dates and periods which were determined under section 6(5) of the
<noteRef href="#m00009" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862, subject to any variation made under section 9 of the
<noteRef href="#m00010" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868, which, immediately before the commencement of this section, were in force as respects the district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 which had the same coastal limits as that salmon fishery district.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-6-3">
<num>3</num>
<content>
<p>Notwithstanding subsection (2) above, the Secretary of State may, subject to subsection (1) above, by order prescribe for any district the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line and he may make different provision for different parts of a district; and such an order is referred to in this Act as an " annual close time order ".</p>
</content>
</subsection>
<subsection eId="section-6-4">
<num>4</num>
<intro>
<p>The Secretary of State may make an annual close time order in respect of a salmon fishery district only on application to him by—</p>
</intro>
<paragraph eId="section-6-4-a">
<num>a</num>
<content>
<p>the district salmon fishery board for that district; or</p>
</content>
</paragraph>
<paragraph eId="section-6-4-b">
<num>b</num>
<content>
<p>where there is no such board, two proprietors of salmon fisheries in that district.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-6-5">
<num>5</num>
<intro>
<p>An application under subsection (4) above shall be accompanied by the applicant's written proposals which shall state—</p>
</intro>
<paragraph eId="section-6-5-a">
<num>a</num>
<content>
<p>the proposed dates of the anual close time and the periods within that time when it shall be permitted to fish for and take salmon by rod and line in the district; and</p>
</content>
</paragraph>
<paragraph eId="section-6-5-b">
<num>b</num>
<content>
<p>the general effect of the proposals</p>
</content>
</paragraph>
<wrapUp>
<p>and the proposals may include different dates and periods for different parts of the district.</p>
</wrapUp>
</subsection>
<subsection eId="section-6-6">
<num>6</num>
<intro>
<p>Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an annual close time order as they apply to the making of a designation order, and for this purpose—</p>
</intro>
<paragraph eId="section-6-6-a">
<num>a</num>
<content>
<p>references to a designation order shall be construed as references to an annual close time order ; and</p>
</content>
</paragraph>
<paragraph eId="section-6-6-b">
<num>b</num>
<content>
<p>references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (4) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-6-7">
<num>7</num>
<intro>
<p>References in any enactment, other than in this Act, to—</p>
</intro>
<paragraph eId="section-6-7-a">
<num>a</num>
<content>
<p>
regulations or byelaws made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(5) of the
<noteRef href="#m00011" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862; or
</p>
</content>
</paragraph>
<paragraph eId="section-6-7-b">
<num>b</num>
<content>
<p>
the provisions of Schedule C to the
<noteRef href="#m00012" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 relating to such matters
</p>
</content>
</paragraph>
<wrapUp>
<p>shall be construed as including references to an annual close time order or to such part of a designation order as provides for the annual close time for a salmon fishery district.</p>
</wrapUp>
</subsection>
</section>
<section eId="section-7">
<num>7</num>
<heading>Estuary limits</heading>
<subsection eId="section-7-1">
<num>1</num>
<content>
<p>Subject to subsection (2) below, the estuary limits of a river shall be the limits fixed by judicial decision or fixed and defined under section 6(1) of the Salmon Fisheries (Scotland) Act 1862.</p>
</content>
</subsection>
<subsection eId="section-7-2">
<num>2</num>
<content>
<p>Whether or not a river has estuary limits as described in subsection (1) above, the Secretary of State may, by order, prescribe limits or, as the case may be, different limits which shall be the estuary limits for that river ; and such an order is referred to in this Act as an " estuary limits order ".</p>
</content>
</subsection>
<subsection eId="section-7-3">
<num>3</num>
<intro>
<p>The Secretary of State may make an estuary limits order only on application to him by—</p>
</intro>
<paragraph eId="section-7-3-a">
<num>a</num>
<content>
<p>the district salmon fishery board for the district in which the river is situated ; or</p>
</content>
</paragraph>
<paragraph eId="section-7-3-b">
<num>b</num>
<content>
<p>where there is no such board, two proprietors of salmon fisheries in that district.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-7-4">
<num>4</num>
<intro>
<p>An application under subsection (3) above shall be accompanied by the applicant's written proposals which shall state—</p>
</intro>
<paragraph eId="section-7-4-a">
<num>a</num>
<content>
<p>the proposed estuary limits ; and</p>
</content>
</paragraph>
<paragraph eId="section-7-4-b">
<num>b</num>
<content>
<p>the general effect of the proposals.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-7-5">
<num>5</num>
<intro>
<p>Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of an estuary limits order as they apply to the making of a designation order, and for this purpose—</p>
</intro>
<paragraph eId="section-7-5-a">
<num>a</num>
<content>
<p>references to a designation order shall be construed as references to an estuary limits order ; and</p>
</content>
</paragraph>
<paragraph eId="section-7-5-b">
<num>b</num>
<content>
<p>references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (3) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-7-6">
<num>6</num>
<content>
<p>For the purposes of this section—</p>
<blockList class="unordered">
<item>
<p>" estuary limits " means limits which divide each river including its mouth or estuary from the sea ; and</p>
</item>
<item>
<p>" river " does not include the River Tweed.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-7-7">
<num>7</num>
<intro>
<p>
References in any enactment, other than in this Act or in section 36 of the
<noteRef href="#m00013" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868, to—
</p>
</intro>
<paragraph eId="section-7-7-a">
<num>a</num>
<content>
<p>
byelaws or regulations made under the
<noteRef href="#m00014" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(1) of the Salmon Fisheries (Scotland) Act 1862; or
</p>
</content>
</paragraph>
<paragraph eId="section-7-7-b">
<num>b</num>
<content>
<p>the provisions of Schedule B to the Salmon Fisheries (Scotland) Act 1868 relating to such matters</p>
</content>
</paragraph>
<wrapUp>
<p>shall be construed as including references to an estuary limits order.</p>
</wrapUp>
</subsection>
</section>
<section eId="section-8">
<num>8</num>
<heading>Use of baits and lures</heading>
<subsection eId="section-8-1">
<num>1</num>
<content>
<p>
The Secretary of State may, subject to the provisions of this section, make regulations specifying baits and lures for the purposes of the definition of " rod and line " in section 24 of the Salmon and
<noteRef href="#m00015" placement="inline" class="margin-note"/>
Freshwater Fisheries (Protection) (Scotland) Act 1951.
</p>
</content>
</subsection>
<subsection eId="section-8-2">
<num>2</num>
<intro>
<p>The Secretary of State may make regulations under this section only on—</p>
</intro>
<paragraph eId="section-8-2-a">
<num>a</num>
<content>
<p>application to him by a district salmon fishery board ; or</p>
</content>
</paragraph>
<paragraph eId="section-8-2-b">
<num>b</num>
<content>
<p>a joint application to him by more than one such board,</p>
</content>
</paragraph>
<wrapUp>
<p>and regulations made in respect of such application shall be made only in respect of the district of the applicant.</p>
</wrapUp>
</subsection>
<subsection eId="section-8-3">
<num>3</num>
<intro>
<p>Regulations under this section shall specify, subject to such exceptions as may be provided therein, all or any, or a combination of, the following—</p>
</intro>
<paragraph eId="section-8-3-a">
<num>a</num>
<content>
<p>baits and lures or classes of baits and lures ;</p>
</content>
</paragraph>
<paragraph eId="section-8-3-b">
<num>b</num>
<content>
<p>times when the regulations apply ;</p>
</content>
</paragraph>
<paragraph eId="section-8-3-c">
<num>c</num>
<content>
<p>areas to which the regulations apply.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-8-4">
<num>4</num>
<intro>
<p>An application under subsection (2) above shall be accompanied by the applicant's written proposals which shall state—</p>
</intro>
<paragraph eId="section-8-4-a">
<num>a</num>
<content>
<p>the baits and lures which it is proposed should be specified;</p>
</content>
</paragraph>
<paragraph eId="section-8-4-b">
<num>b</num>
<content>
<p>the places to which and the times during which the proposed regulations should apply ; and</p>
</content>
</paragraph>
<paragraph eId="section-8-4-c">
<num>c</num>
<content>
<p>the reasons for the proposals.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-8-5">
<num>5</num>
<intro>
<p>Paragraphs 3 to 9 of Schedule 1 to this Act shall apply to the making of regulations under this section as they apply to the making of a designation order, and for this purpose—</p>
</intro>
<paragraph eId="section-8-5-a">
<num>a</num>
<content>
<p>references to a designation order shall be construed as references to regulations under this section ; and</p>
</content>
</paragraph>
<paragraph eId="section-8-5-b">
<num>b</num>
<content>
<p>references to an applicant, and to an application, under paragraph 1 shall be construed respectively as references to an applicant, and to an application, under subsection (2) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-8-6">
<num>6</num>
<content>
<p>
In section 24(1) of the
<noteRef href="#m00016" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, at the end of the definition of " rod and line " there shall be inserted the following— " and, in the case of fishing for salmon in an area to which and at a time during which regulations made under section 8 of the Salmon Act 1986 apply, is not specified in such regulations in respect of that area and time ".
</p>
</content>
</subsection>
</section>
<section eId="section-9">
<num>9</num>
<heading>Limits of the Solway Firth</heading>
<content>
<p>
References in any enactment to the limits of the Solway Firth shall be construed as references to the limits which were fixed under section 6(2) of the
<noteRef href="#m00017" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862.
</p>
</content>
</section>
<section eId="section-10">
<num>10</num>
<heading>Application of regulations and annual close time orders to the River Tweed</heading>
<subsection eId="section-10-1">
<num>1</num>
<content>
<p>
The byelaw enacted by section 10 of the
<noteRef href="#m00018" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 as Schedule G to that Act, as amended by any other enactment, and so much of section 15 of that Act as relates thereto shall continue to have effect in relation to the River Tweed as it had effect before the commencement of this section.
</p>
</content>
</subsection>
<subsection eId="section-10-2">
<num>2</num>
<content>
<p>Regulations made under section 3 of this Act shall have effect in relation to the River Tweed but the power to make regulations under subsection (1)(d) of that section includes power to except the River Tweed from the application of any such regulation.</p>
</content>
</subsection>
<subsection eId="section-10-3">
<num>3</num>
<intro>
<p>Where such regulations have effect in relation to the River Tweed—</p>
</intro>
<paragraph eId="section-10-3-a">
<num>a</num>
<content>
<p>references to a salmon fishery district shall include references to the River Tweed ; and</p>
</content>
</paragraph>
<paragraph eId="section-10-3-b">
<num>b</num>
<content>
<p>references to a district salmon fishery board shall include references to the River Tweed Council</p>
</content>
</paragraph>
<wrapUp>
<p>unless the contrary intention appears.</p>
</wrapUp>
</subsection>
<subsection eId="section-10-4">
<num>4</num>
<intro>
<p>Subsections (3), (4)(a), (5) and (6) of section 6 and section 8 of this Act shall have effect in relation to the River Tweed with the following modifications—</p>
</intro>
<paragraph eId="section-10-4-a">
<num>a</num>
<content>
<p>references to a salmon fishery district shall include references to the River Tweed;</p>
</content>
</paragraph>
<paragraph eId="section-10-4-b">
<num>b</num>
<content>
<p>references to a district salmon fishery board shall include references to the River Tweed Council</p>
</content>
</paragraph>
<wrapUp>
<p>and Schedule 1 to this Act shall, for the purposes of this subsection, be construed accordingly.</p>
</wrapUp>
</subsection>
<subsection eId="section-10-5">
<num>5</num>
<content>
<p>In making an annual close time order in respect of the River Tweed, the Secretary of State may prescribe an annual close time, being a continuous period of not less than 153 days.</p>
</content>
</subsection>
<subsection eId="section-10-6">
<num>6</num>
<intro>
<p>The power to make regulations under—</p>
</intro>
<paragraph eId="section-10-6-a">
<num>a</num>
<content>
<p>
section 3(2)(a) of this Act includes power to amend section 12 of the
<noteRef href="#m00019" placement="inline" class="margin-note"/>
Tweed Fisheries Amendment Act 1859;
</p>
</content>
</paragraph>
<paragraph eId="section-10-6-b">
<num>b</num>
<content>
<p>section 3(2)(d) of this Act includes power to amend sections 12 and 13 of that Act of 1859; and</p>
</content>
</paragraph>
<paragraph eId="section-10-6-c">
<num>c</num>
<content>
<p>
section 3(2)(e) of this Act includes power to amend section 57 of the
<noteRef href="#m00020" placement="inline" class="margin-note"/>
Tweed Fisheries Act 1857 ; and
</p>
</content>
</paragraph>
<paragraph eId="section-10-6-d">
<num>d</num>
<content>
<p>section 8 of this Act includes power to amend section 6 of the Tweed Fisheries Amendment Act 1859</p>
</content>
</paragraph>
<wrapUp>
<p>and the power to make an annual close time order in respect of the River Tweed includes power to amend section 6, 10 and 11 of that Act of 1859.</p>
</wrapUp>
</subsection>
<subsection eId="section-10-7">
<num>7</num>
<content>
<p>This section extends to so much of the River Tweed as is situated outwith Scotland.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-I-crossheading-proprietors">
<heading>Proprietors</heading>
<section eId="section-11">
<num>11</num>
<heading>Qualified proprietors and upper and lower proprietors</heading>
<subsection eId="section-11-1">
<num>1</num>
<content>
<p>A qualified proprietor shall be, for the purposes of this Act, a proprietor of a salmon fishery entered in the valuation roll.</p>
</content>
</subsection>
<subsection eId="section-11-2">
<num>2</num>
<intro>
<p>Where any salmon fishery is not entered or not entered separately in the valuation roll, the assessor shall, on the request of—</p>
</intro>
<paragraph eId="section-11-2-a">
<num>a</num>
<content>
<p>the clerk to the district salmon fishery board for the district in which the fishery is situated ; or</p>
</content>
</paragraph>
<paragraph eId="section-11-2-b">
<num>b</num>
<content>
<p>where there is no such board for the district, the proprietor of that fishery,</p>
</content>
</paragraph>
<wrapUp>
<p>value that fishery and enter it in the valuation roll.</p>
</wrapUp>
</subsection>
<subsection eId="section-11-3">
<num>3</num>
<intro>
<p>If a salmon fishery is situated in more than one salmon fishery district the assessor shall, on the request of—</p>
</intro>
<paragraph eId="section-11-3-a">
<num>a</num>
<content>
<p>the clerk to the district salmon fishery board for either or any of these districts; or</p>
</content>
</paragraph>
<paragraph eId="section-11-3-b">
<num>b</num>
<content>
<p>where there is no such board, the proprietor of that fishery</p>
</content>
</paragraph>
<wrapUp>
<p>value that fishery and enter it in the valuation roll according to its value in each district.</p>
</wrapUp>
</subsection>
<subsection eId="section-11-4">
<num>4</num>
<content>
<p>A qualified proprietor shall be an upper proprietor or a lower proprietor for the purposes of this Act according to whether his salmon fishery is, respectively, upstream or downstream of a division of a river as defined in subsection (7) below and, in this Act, " upper proprietor " and " lower proprietor " each mean a qualified proprietor.</p>
</content>
</subsection>
<subsection eId="section-11-5">
<num>5</num>
<content>
<p>A qualified proprietor shall be both an upper proprietor and a lower proprietor if he is a qualified proprietor of one salmon fishery situated above and another situated below a division referred to in subsection (4) above, whether or not both fisheries are on the same river in the district, and he may act in either capacity or in both capacities in accordance with the provisions of this Act.</p>
</content>
</subsection>
<subsection eId="section-11-6">
<num>6</num>
<content>
<p>Subject to subsection (5) above, a qualified proprietor in a salmon fishery district shall not be eligible for election, co-option or appointment to the district salmon fishery board for that district in respect of more than one salmon fishery.</p>
</content>
</subsection>
<subsection eId="section-11-7">
<num>7</num>
<intro>
<p>The division referred to in subsection (4) above shall be—</p>
</intro>
<paragraph eId="section-11-7-a">
<num>a</num>
<content>
<p>a line across the river between points on either bank prescribed by the Secretary of State under subsection (8) below; or</p>
</content>
</paragraph>
<paragraph eId="section-11-7-b">
<num>b</num>
<content>
<p>
where the Secretary of State has not prescribed such points but a point of division has been fixed in accordance with section 6(4) of the
<noteRef href="#m00021" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862, that point of division; or
</p>
</content>
</paragraph>
<paragraph eId="section-11-7-c">
<num>c</num>
<content>
<p>where no division has been effected under paragraphs (a) or (b) above, the normal tidal limit.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-11-8">
<num>8</num>
<content>
<p>When requested to do so by the district salmon fishery board for the district in which a river is situated, the Secretary of State may, by order made by statutory instrument, prescribe a point on each bank of the river to which the request relates.</p>
</content>
</subsection>
<subsection eId="section-11-9">
<num>9</num>
<intro>
<p>The clerk to a district salmon fishery board shall maintain a roll showing—</p>
</intro>
<paragraph eId="section-11-9-a">
<num>a</num>
<content>
<p>the upper and lower proprietors in the district; and</p>
</content>
</paragraph>
<paragraph eId="section-11-9-b">
<num>b</num>
<content>
<p>the values of their fisheries as entered in the valuation roll;</p>
</content>
</paragraph>
<wrapUp>
<p>and the board may, if they are satisfied that a name should be added or removed, add or remove it.</p>
</wrapUp>
</subsection>
<subsection eId="section-11-10">
<num>10</num>
<content>
<p>
Subject to section 5 of the
<noteRef href="#m00022" placement="inline" class="margin-note"/>
Sheriff Courts (Scotland) Act 1907 (jurisdiction as regards heritable property), the sheriff may, on summary application made to him by a person whose request to the board to add or remove a name has not been met, order the board to add or remove that name.
</p>
</content>
</subsection>
</section>
<section eId="section-12">
<num>12</num>
<heading>Sole proprietor in a salmon fishery district</heading>
<subsection eId="section-12-1">
<num>1</num>
<content>
<p>Where, after the commencement of this section, there is in a salmon fishery district only one proprietor of salmon fisheries, for references in this Act, except under paragraph 1 of Schedule 2 to this Act, to two proprietors of salmon fisheries in a salmon fishery district for which there is no board there shall be substituted references to that sole proprietor.</p>
</content>
</subsection>
<subsection eId="section-12-2">
<num>2</num>
<content>
<p>Where, immediately before the commencement of this section, there is a sole proprietor in a district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868, the powers of a district board conferred on him by section 19 of the Salmon Fisheries (Scotland) Act 1862 shall, on the commencement of this Act, cease to be exercisable by him.</p>
</content>
</subsection>
<subsection eId="section-12-3">
<num>3</num>
<content>
<p>A person appointed as a water bailiff by a sole proprietor mentioned in subsection (2) above shall, on the commencement of this section, cease to have the powers and duties of a water bailiff conferred on him by or under any enactment to the extent that such powers and duties relate to that appointment.</p>
</content>
</subsection>
</section>
<section eId="section-13">
<num>13</num>
<heading>Mandatories</heading>
<subsection eId="section-13-1">
<num>1</num>
<content>
<p>A qualified proprietor or an elected member or chairman of a district salmon fishery board may at any time authorise a person to act for him ; and such a person is referred to in this Act as a " mandatory ".</p>
</content>
</subsection>
<subsection eId="section-13-2">
<num>2</num>
<content>
<p>A mandatory may as such be elected under Schedule 2 to this Act as a representative of qualified proprietors or as chairman but a person may not authorise another to act as a co-opted member under this Act nor shall a mandatory be co-opted under section 16(2) of this Act.</p>
</content>
</subsection>
<subsection eId="section-13-3">
<num>3</num>
<content>
<p>A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act may authorise a person in accordance with this section in either or both of his capacities or may do so in each capacity.</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-I-crossheading-district-salmon-fishery-boards">
<heading>District salmon fishery boards</heading>
<section eId="section-14">
<num>14</num>
<heading>District salmon fishery boards</heading>
<subsection eId="section-14-1">
<num>1</num>
<intro>
<p>If proprietors of salmon fisheries in a salmon fishery district—</p>
</intro>
<paragraph eId="section-14-1-a">
<num>a</num>
<content>
<p>form an association for the purpose of the protection or improvement of the fisheries within their district; and</p>
</content>
</paragraph>
<paragraph eId="section-14-1-b">
<num>b</num>
<content>
<p>elect, in accordance with Schedule 2 to this Act, a committee to act for them,</p>
</content>
</paragraph>
<wrapUp>
<p>that committee shall be the district salmon fishery board for that district; and the purpose of such a board shall be the purpose specified above in respect of the association.</p>
</wrapUp>
</subsection>
<subsection eId="section-14-2">
<num>2</num>
<intro>
<p>A district salmon fishery board shall have the powers and duties conferred—</p>
</intro>
<paragraph eId="section-14-2-a">
<num>a</num>
<content>
<p>on them under this Act; and</p>
</content>
</paragraph>
<paragraph eId="section-14-2-b">
<num>b</num>
<content>
<p>by any other enactment on a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868;</p>
</content>
</paragraph>
<wrapUp>
<p>and references in any enactment, other than in this Act, to a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall be construed as references to a district salmon fishery board.</p>
</wrapUp>
</subsection>
<subsection eId="section-14-3">
<num>3</num>
<content>
<p>Subject to subsection (4) below, a committee mentioned in subsection (1) above shall cease to be the district salmon fishery board for a district on the expiry of a period of three years from the date of the last meeting of proprietors which elected, in accordance with Part I of Schedule 2 to this Act, such members as require to be elected under Part II of that Schedule.</p>
</content>
</subsection>
<subsection eId="section-14-4">
<num>4</num>
<intro>
<p>On the coming into force of a designation order—</p>
</intro>
<paragraph eId="section-14-4-a">
<num>a</num>
<content>
<p>the transitional district board for ; or</p>
</content>
</paragraph>
<paragraph eId="section-14-4-b">
<num>b</num>
<content>
<p>the committee within the meaning of this section in respect of</p>
</content>
</paragraph>
<wrapUp>
<p>a district superseded by the district so designated, as the case may be, shall cease to be a district salmon fishery board; and the committee within the meaning of this section which has been constituted in accordance with Schedule 2 to this Act in anticipation of the order and in respect of the district designated by the order shall be the district salmon fishery board for that district.</p>
</wrapUp>
</subsection>
<subsection eId="section-14-5">
<num>5</num>
<content>
<p>If a committee ceases to be a district salmon fishery board, the assets and liabilities of that board shall be the assets and liabilities of the members of the association for which the committee acts; but, for the purposes of the winding-up of such an association, any assets of the former board remaining after the settlement of the liabilities of the former board shall be distributed amongst all the proprietors in the district who were liable to the fishery assessment immediately before the date on which the committee ceased to be such a board, according to the valuation of each fishery as entered in the valuation roll at that date.</p>
</content>
</subsection>
<subsection eId="section-14-6">
<num>6</num>
<content>
<p>A district salmon fishery board shall not be bound by any direction given to them by the association for which the elected members of the board act as a committee.</p>
</content>
</subsection>
<subsection eId="section-14-7">
<num>7</num>
<content>
<p>Nothing in this section shall affect the powers and duties of the River Tweed Council.</p>
</content>
</subsection>
<subsection eId="section-14-8">
<num>8</num>
<content>
<p>The powers and duties under any enactment of district boards constituted in accordance with the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall cease to have effect in relation to such boards and Schedule 3 to this Act shall have effect as respects such a board which was in office immediately before the commencement of this section; and such a board is referred to in this Act as a " transitional district board ".</p>
</content>
</subsection>
<subsection eId="section-14-9">
<num>9</num>
<content>
<p>There may be a district salmon fishery board for a district whether or not there are salmon in the waters of that district.</p>
</content>
</subsection>
<subsection eId="section-14-10">
<num>10</num>
<content>
<p>The Secretary of State may by order vary the provisions of Schedule 2 or Schedule 3 to this Act.</p>
</content>
</subsection>
<subsection eId="section-14-11">
<num>11</num>
<content>
<p>An order under subsection (10) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
<section eId="section-15">
<num>15</num>
<heading>Financial powers and duties of district salmon fishery boards</heading>
<subsection eId="section-15-1">
<num>1</num>
<intro>
<p>Each year, a district salmon fishery board shall prepare—</p>
</intro>
<paragraph eId="section-15-1-a">
<num>a</num>
<content>
<p>a report; and</p>
</content>
</paragraph>
<paragraph eId="section-15-1-b">
<num>b</num>
<content>
<p>a statement of accounts, which shall be audited,</p>
</content>
</paragraph>
<wrapUp>
<p>relating to the activities of the board ; and the clerk of the board shall call an annual meeting of qualified proprietors in the district for the purposes of considering the report and the audited accounts.</p>
</wrapUp>
</subsection>
<subsection eId="section-15-2">
<num>2</num>
<content>
<p>A district salmon fishery board shall have power to impose an assessment, to be known as the fishery assessment, on each salmon fishery in their district.</p>
</content>
</subsection>
<subsection eId="section-15-3">
<num>3</num>
<content>
<p>The fishery assessment shall be assessed at such uniform rate or rates as are determined for all fisheries in the district by the board and shall be exigible according to the valuation of a fishery as entered in the valuation roll.</p>
</content>
</subsection>
<subsection eId="section-15-4">
<num>4</num>
<content>
<p>Subsections (2) and (3) of section 11 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.</p>
</content>
</subsection>
<subsection eId="section-15-5">
<num>5</num>
<intro>
<p>Arrears of fishery assessment may be recovered by—</p>
</intro>
<paragraph eId="section-15-5-a">
<num>a</num>
<content>
<p>the district salmon fishery board which imposed the assessment; or</p>
</content>
</paragraph>
<paragraph eId="section-15-5-b">
<num>b</num>
<content>
<p>the district salmon fishery board for a district created by a designation order in respect of an assessment imposed by a district salmon fishery board for a district superseded by that order; or</p>
</content>
</paragraph>
<paragraph eId="section-15-5-c">
<num>c</num>
<content>
<p>the district salmon fishery board which replaced a transitional district board in respect of an assessment imposed by the transitional district board,</p>
</content>
</paragraph>
<wrapUp>
<p>as the case may be, by action for payment of money.</p>
</wrapUp>
</subsection>
<subsection eId="section-15-6">
<num>6</num>
<content>
<p>
Any of the boards mentioned in subsection (5) above may recover arrears of fishery assesment which were due immediately before the commencement of this section under section 23 of the
<noteRef href="#m00023" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862 in respect of any part of their district.
</p>
</content>
</subsection>
<subsection eId="section-15-7">
<num>7</num>
<intro>
<p>The powers under subsections (5) and (6) above to recover arrears of fishery assessment include power to recover interest, chargeable at such rate as the Secretary of State shall, with the consent of the Treasury, determine, on such arrears from—</p>
</intro>
<paragraph eId="section-15-7-a">
<num>a</num>
<content>
<p>in the case of recovery of arrears under subsection (5) above which have been outstanding for at least three months from the date of issue of a notice of assessment, that date; or</p>
</content>
</paragraph>
<paragraph eId="section-15-7-b">
<num>b</num>
<content>
<p>in the case of recovery of arrears under subsection (6) above which have been outstanding for at least three months from the date of the coming into force of this section, that date,</p>
</content>
</paragraph>
<wrapUp>
<p>until payment or the commencement of an action for payment, whichever is the earlier.</p>
</wrapUp>
</subsection>
<subsection eId="section-15-8">
<num>8</num>
<intro>
<p>A board may, in carrying out its purpose under this Act, borrow—</p>
</intro>
<paragraph eId="section-15-8-a">
<num>a</num>
<content>
<p>an amount not exceeding twice the amount of the fishery assessment collected within the twelve month period immediately prior to the date of the decision to borrow ; or</p>
</content>
</paragraph>
<paragraph eId="section-15-8-b">
<num>b</num>
<content>
<p>such higher sum as is approved by the proprietors of fisheries which together amount to four fifths of the total value of fisheries in the district as entered in the valuation roll.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-15-9">
<num>9</num>
<intro>
<p>In subsection (8)(a) above, " collected " means collected in—</p>
</intro>
<paragraph eId="section-15-9-a">
<num>a</num>
<content>
<p>the district for which that board is the district salmon fishery board; and</p>
</content>
</paragraph>
<paragraph eId="section-15-9-b">
<num>b</num>
<content>
<p>if that district has been designated in an order made under section 1(2) of this Act within that twelve month period, all the districts superseded by that order.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-15-10">
<num>10</num>
<intro>
<p>In carrying out its purpose, a district salmon fishery board may authorise expenditure, including expenditure for the acquisition of heritable property, out of sums accruing to it from—</p>
</intro>
<paragraph eId="section-15-10-a">
<num>a</num>
<content>
<p>the fishery assessment;</p>
</content>
</paragraph>
<paragraph eId="section-15-10-b">
<num>b</num>
<content>
<p>the exercise of the power, under subsection (8) above, to borrow; or</p>
</content>
</paragraph>
<paragraph eId="section-15-10-c">
<num>c</num>
<content>
<p>any other source ;</p>
</content>
</paragraph>
<wrapUp>
<p>but it shall not pay to any member of that board any salary or fees for his acting in any way as a member of or under that board.</p>
</wrapUp>
</subsection>
</section>
<section eId="section-16">
<num>16</num>
<heading>General powers and duties of district salmon fishery boards</heading>
<subsection eId="section-16-1">
<num>1</num>
<intro>
<p>A district salmon fishery board may do such acts, execute such works and incur such expenses as may appear to them expedient for—</p>
</intro>
<paragraph eId="section-16-1-a">
<num>a</num>
<content>
<p>the protection or improvement of the fisheries within their district;</p>
</content>
</paragraph>
<paragraph eId="section-16-1-b">
<num>b</num>
<content>
<p>the increase of salmon ; or</p>
</content>
</paragraph>
<paragraph eId="section-16-1-c">
<num>c</num>
<content>
<p>the stocking of the waters of the district with salmon.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-16-2">
<num>2</num>
<content>
<p>The elected members of a district salmon fishery board shall, in accordance with Part II of Schedule 2 to this Act, co-opt representatives of salmon anglers and tenant netsmen.</p>
</content>
</subsection>
<subsection eId="section-16-3">
<num>3</num>
<intro>
<p>On such terms and conditions as the board think fit, a district salmon fishery board—</p>
</intro>
<paragraph eId="section-16-3-a">
<num>a</num>
<content>
<p>shall appoint a person to act as clerk to the board ; and</p>
</content>
</paragraph>
<paragraph eId="section-16-3-b">
<num>b</num>
<content>
<p>may appoint persons to act as water bailiffs, or in such other capacity as the board see fit.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-16-4">
<num>4</num>
<content>
<p>A district salmon fishery board may sue or be sued in the name of their clerk.</p>
</content>
</subsection>
<subsection eId="section-16-5">
<num>5</num>
<content>
<p>References in any enactment to water bailiffs shall include references to water bailiffs appointed under this section.</p>
</content>
</subsection>
</section>
<section eId="section-17">
<num>17</num>
<heading>Proceedings of district salmon fishery boards</heading>
<subsection eId="section-17-1">
<num>1</num>
<content>
<p>The first meeting of a district salmon fishery board shall be at the date, time and place determined by the members of the board who were elected at the meeting of qualified proprietors called under paragraph 1 of Schedule 2 to this Act but in any case shall be no later than 21 days after that meting.</p>
</content>
</subsection>
<subsection eId="section-17-2">
<num>2</num>
<content>
<p>A district salmon fishery board shall determine the quorum for their meetings.</p>
</content>
</subsection>
<subsection eId="section-17-3">
<num>3</num>
<intro>
<p>At any meeting of the board, each member shall have one vote, subject to the following exceptions—</p>
</intro>
<paragraph eId="section-17-3-a">
<num>a</num>
<content>
<p>the chairman, in his capacity as such, shall have both a casting and a deliberative vote ; and</p>
</content>
</paragraph>
<paragraph eId="section-17-3-b">
<num>b</num>
<content>
<p>a person who is both an upper proprietor and a lower proprietor by virtue of section 11(5) of this Act shall have a vote in either capacity or in both capacities according to the capacity or capacities in which he has been elected or co-opted.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-17-4">
<num>4</num>
<content>
<p>No act or proceeding of a district salmon fishery board shall be questioned on account of any vacancy in their membership and no defect in the qualification or appointment of any person acting as a member shall vitiate any proceedings of the board in which that member has taken part.</p>
</content>
</subsection>
<subsection eId="section-17-5">
<num>5</num>
<content>
<p>The minutes of proceedings of district salmon fishery boards shall be signed by the chairman and shall be conclusive evidence of the proceedings ; and a meeting so minuted shall be presumed to have been duly convened and held and all members thereof to have been duly qualified.</p>
</content>
</subsection>
<subsection eId="section-17-6">
<num>6</num>
<content>
<p>On the written request of any two members of the board, the chairman shall be bound to convene a meeting of the board within fourteen days of receiving the request and the clerk shall give notice to each member of the date, time and place of and the agenda for that meeting.</p>
</content>
</subsection>
</section>
<section eId="section-18">
<num>18</num>
<heading>Tenure of office</heading>
<subsection eId="section-18-1">
<num>1</num>
<intro>
<p>Before the expiry of a period of three years from—</p>
</intro>
<paragraph eId="section-18-1-a">
<num>a</num>
<content>
<p>the first election of the members of the board ; or</p>
</content>
</paragraph>
<paragraph eId="section-18-1-b">
<num>b</num>
<content>
<p>the last meeting of qualified proprietors called under this section</p>
</content>
</paragraph>
<wrapUp>
<p>the clerk to that board shall call a meeting of qualified proprietors in that district for the purpose of electing or re-electing, in accordance with Part I of Schedule 2 to this Act, such members as require to be elected under Part II of that Schedule; and at that meeting each member of the board shall resign.</p>
</wrapUp>
</subsection>
<subsection eId="section-18-2">
<num>2</num>
<content>
<p>The provisions of Schedule 2 to this Act, apart from paragraph 1, shall apply to further elections as they apply to the first election of the members.</p>
</content>
</subsection>
<subsection eId="section-18-3">
<num>3</num>
<content>
<p>Without prejudice to subsection (1) above, a member of a district salmon fishery board may resign at any time and where a person ceases to meet the requirements of this Act for membership of a district salmon fishery board he shall cease to be a member of that board.</p>
</content>
</subsection>
<subsection eId="section-18-4">
<num>4</num>
<content>
<p>Where a person is both an upper and a lower proprietor by virtue of section 11(5) of this Act, subsection (3) above shall have effect as respects either or each such capacity.</p>
</content>
</subsection>
<subsection eId="section-18-5">
<num>5</num>
<intro>
<p>Where a vacancy in their number occurs, the board shall, so far and as soon as is reasonably practicable, fill that vacancy by</p>
</intro>
<paragraph eId="section-18-5-a">
<num>a</num>
<content>
<p>the electing by the elected members from amongst themselves of a new chairman ;</p>
</content>
</paragraph>
<paragraph eId="section-18-5-b">
<num>b</num>
<content>
<p>the appointing by the elected members of a qualified proprietor in the district as a representative of qualified proprietors according to the rules in Schedule 2 to this Act regarding the balance between upper and lower proprietors; and</p>
</content>
</paragraph>
<paragraph eId="section-18-5-c">
<num>c</num>
<content>
<p>the co-opting by the board of a representative of salmon anglers or of tenant netsmen in accordance with that Schedule, </p>
</content>
</paragraph>
<wrapUp>
<p>as the case may be, and a person appointed under paragraph (b) above shall be an elected representative of qualified proprietors for the purposes of this Act.</p>
</wrapUp>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-I-crossheading-application-to-the-esk">
<heading>Application to the Esk</heading>
<section eId="section-19">
<num>19</num>
<heading>Application of Part I to the River Esk</heading>
<content>
<p>The provisions of Part I of this Act shall not apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland.</p>
</content>
</section>
</hcontainer>
</part>
<part eId="part-II">
<num>PART II</num>
<heading>Other Provisions Applying to Scotland</heading>
<section eId="section-20">
<num>20</num>
<heading>Additional powers in respect of licensing and regulation of salmon dealing</heading>
<subsection eId="section-20-1">
<num>1</num>
<intro>
<p>
Without prejudice to the generality of section 44 of the
<noteRef href="#m00024" placement="inline" class="margin-note"/>
Civic Government (Scotland) Act 1982 (power to designate additional activities as subject to licensing and regulation) an order as respects dealing in salmon made under that section may—
</p>
</intro>
<paragraph eId="section-20-1-a">
<num>a</num>
<intro>
<p>define dealing in salmon and so define it as to—</p>
</intro>
<subparagraph eId="section-20-1-a-i">
<num>i</num>
<content>
<p>include such acts preparatory to or connected with dealing in salmon;</p>
</content>
</subparagraph>
<subparagraph eId="section-20-1-a-ii">
<num>ii</num>
<content>
<p>exclude dealing in such class or classes of salmon</p>
</content>
</subparagraph>
<wrapUp>
<p>as may be specified in the order;</p>
</wrapUp>
</paragraph>
<paragraph eId="section-20-1-b">
<num>b</num>
<intro>
<p>provide that the offence under section 7(1) of that Act (doing anything for which a licence is required without having one) shall be punishable—</p>
</intro>
<subparagraph eId="section-20-1-b-i">
<num>i</num>
<content>
<p>on summary conviction, by imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum or both;</p>
</content>
</subparagraph>
<subparagraph eId="section-20-1-b-ii">
<num>ii</num>
<content>
<p>on conviction on indictment, by imprisonment for a term not exceeding two years, or a fine or both;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-20-1-c">
<num>c</num>
<content>
<p>provide that it shall be an offence for any person, other than a person holding a salmon dealer's licence, to buy salmon from or sell salmon to a person not having such a licence;</p>
</content>
</paragraph>
<paragraph eId="section-20-1-d">
<num>d</num>
<content>
<p>provide that the offences under the said section 7(1) and any provision under paragraph (c) above shall be subject to such exceptions as may be specified in the order;</p>
</content>
</paragraph>
<paragraph eId="section-20-1-e">
<num>e</num>
<content>
<p>provide that a licence shall be required only for such class or classes of dealing in salmon and dealing in such class or classes of salmon as may be specified in the order;</p>
</content>
</paragraph>
<paragraph eId="section-20-1-f">
<num>f</num>
<content>
<p>
provide as to the exercise of powers of entry and search by water bailiffs and persons appointed by the Secretary of State under section 10(5) of the
<noteRef href="#m00025" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
</p>
</content>
</paragraph>
<wrapUp>
<p>but not so as to enable these powers to be exercised in any dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith.</p>
</wrapUp>
</subsection>
<subsection eId="section-20-2">
<num>2</num>
<content>
<p>The Secretary of State shall have power, by order to prescribe, or to prescribe the maximum amounts of, the fees which the licensing authority may determine and charge under sub-paragraph (1) of paragraph 15 of Schedule 1 to the said Act of 1982 in respect of the licensing of dealing in salmon; and in that respect the licensing authority's powers under that paragraph shall be subject to the provisions of any such order.</p>
</content>
</subsection>
<subsection eId="section-20-3">
<num>3</num>
<content>
<p>An order made under subsection (2) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</section>
<section eId="section-21">
<num>21</num>
<heading>Permitted methods of fishing for salmon</heading>
<intro>
<p>In section 2 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (methods of fishing)—</p>
</intro>
<paragraph eId="section-21-a">
<num>a</num>
<content>
<p>after subsection (1) there shall be inserted the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1744">
<num>1A</num>
<content>
<p>No person shall fish for or take salmon in any waters in a salmon fishery district other than inland waters, except by rod and line, net and coble or bag net, fly net or other stake net.</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="section-21-b">
<num>b</num>
<content>
<p>after subsection (2) there shall be inserted the following subsections—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1757">
<num>2A</num>
<intro>
<p>After consulting such persons as he considers appropriate, the Secretary of State may, for the purposes of this section, by regulations define fishing for or taking salmon by—</p>
</intro>
<paragraph eId="d4e1763">
<num>a</num>
<content>
<p>net and coble ;</p>
</content>
</paragraph>
<paragraph eId="d4e1769">
<num>b</num>
<content>
<p>bag net, fly net or other stake net,</p>
</content>
</paragraph>
<wrapUp>
<p>whether by reference to anything used for the purpose, or to the circumstances in which or method by which it is so used, or to any combination thereof; and, in relation to net and coble, may make different provision as respects inland waters from that made as respects other waters.</p>
</wrapUp>
</subsection>
<subsection eId="d4e1777">
<num>2B</num>
<content>
<p>
The power to make regulations under this section includes power to amend or repeal section 62 of the
<noteRef href="#m00026" placement="inline" class="margin-note"/>
Tweed Fisheries Act 1857 and section 12 and 13 of the
<noteRef href="#m00027" placement="inline" class="margin-note"/>
Tweed Fisheries Amendment Act 1859.
</p>
</content>
</subsection>
<subsection eId="d4e1787">
<num>2C</num>
<content>
<p>Regulations made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</section>
<section eId="section-22">
<num>22</num>
<heading>Offence of possessing salmon which have been illegally taken, killed or landed</heading>
<subsection eId="section-22-1">
<num>1</num>
<content>
<p>
After section 7 of the
<noteRef href="#m00028" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 there shall be inserted the following section—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e1814">
<num>7A</num>
<heading>Offence of possessing salmon which have been illegally taken, killed or landed.</heading>
<subsection eId="d4e1818">
<num>1</num>
<intro>
<p>A person who—</p>
</intro>
<paragraph eId="d4e1824">
<num>a</num>
<content>
<p>is in possession of salmon and believes; or</p>
</content>
</paragraph>
<paragraph eId="d4e1830">
<num>b</num>
<content>
<p>is in possession of salmon in circumstances in which it would be reasonable for him to suspect</p>
</content>
</paragraph>
<hcontainer name="wrapper">
<content>
<p>that a relevant offence has at any time been committed in relation to the salmon shall be guilty of an offence and liable—</p>
</content>
</hcontainer>
<subparagraph eId="d4e1838">
<num>i</num>
<content>
<p>on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum or both;</p>
</content>
</subparagraph>
<subparagraph eId="d4e1844">
<num>ii</num>
<content>
<p>on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine or both.</p>
</content>
</subparagraph>
</subsection>
<subsection eId="d4e1850">
<num>2</num>
<content>
<p>It shall be a defence in proceedings for an offence under this section to show that no relevant offence had in fact been committed in relation to the salmon.</p>
</content>
</subsection>
<subsection eId="d4e1856">
<num>3</num>
<content>
<p>It shall be lawful to convict a person charged under this section on the evidence of one witness.</p>
</content>
</subsection>
<subsection eId="d4e1862">
<num>4</num>
<intro>
<p>For the purposes of this section an offence is a relevant offence in relation to a salmon if—</p>
</intro>
<paragraph eId="d4e1868">
<num>a</num>
<content>
<p>it is committed by taking, killing or landing that salmon, either in Scotland or in England and Wales; or</p>
</content>
</paragraph>
<paragraph eId="d4e1874">
<num>b</num>
<content>
<p>that salmon is taken, killed or landed, either in Scotland or in England and Wales in the course of the commission of the offence.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e1880">
<num>5</num>
<content>
<p>In subsection (4) above, " offence ", in relation to the taking, killing or landing of salmon either in Scotland or in England or Wales, means an offence under the law applicable to the place where the salmon is taken, killed or landed.</p>
</content>
</subsection>
<subsection eId="d4e1886">
<num>6</num>
<content>
<p>A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.</p>
</content>
</subsection>
<subsection eId="d4e1892">
<num>7</num>
<content>
<p>Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.</p>
</content>
</subsection>
<subsection eId="d4e1898">
<num>8</num>
<content>
<p>Where the affairs of a body corporate are managed by its members, subsection (7) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-22-2">
<num>2</num>
<intro>
<p>In section 11 of that Act (power of search)—</p>
</intro>
<paragraph eId="section-22-2-a">
<num>a</num>
<content>
<p>in each of subsections (1) and (3) for the words " three and four" there shall be substituted " 1 to 4, 7 and 7A " ;</p>
</content>
</paragraph>
<paragraph eId="section-22-2-b">
<num>b</num>
<content>
<p>after the said subsection (3) there shall be inserted the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e1925">
<num>3A</num>
<content>
<p>Where a constable has reasonable grounds for suspecting that an offence against section 7A of this Act is being committed and that evidence of the commission of the offence is to be found in any premises (other than a dwelmg-house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith) but by reason of urgency or other good cause it is impracticable to apply for a warrant to search such premises, he may search them without warrant.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">;</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-22-2-c">
<num>c</num>
<intro>
<p>in subsection (4)—</p>
</intro>
<subparagraph eId="section-22-2-c-i">
<num>i</num>
<content>
<p>for the words " section three or section four " there shall be substituted " any of the provisions of sections 1 to 4, 7 and 7A " ;</p>
</content>
</subparagraph>
<subparagraph eId="section-22-2-c-ii">
<num>ii</num>
<content>
<p>after the word " thereon " there shall be inserted the words—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">or in any stationary vehicle on—</p>
<paragraph eId="d4e1954">
<num>a</num>
<content>
<p>
a road within the meaning of the
<noteRef href="#m00029" placement="inline" class="margin-note"/>
Roads (Scotland) Act 1984; or
</p>
</content>
</paragraph>
<paragraph eId="d4e1962">
<num>b</num>
<content>
<p>
a highway within the meaning of the
<noteRef href="#m00030" placement="inline" class="margin-note"/>
Highways Act 1980
</p>
</content>
</paragraph>
<p>adjoining such water or such land,</p>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
</paragraph>
</subsection>
</section>
<section eId="section-23">
<num>23</num>
<heading>Power of court in trial of one offence to convict of another</heading>
<intro>
<p>If, upon a trial for an offence under—</p>
</intro>
<paragraph eId="section-23-a">
<num>a</num>
<content>
<p>
section 10 of the
<noteRef href="#m00031" placement="inline" class="margin-note"/>
Tweed Fisheries Amendment Act 1859 (having or selling salmon taken from the River Tweed during annual close time);
</p>
</content>
</paragraph>
<paragraph eId="section-23-b">
<num>b</num>
<content>
<p>
section 21 of the
<noteRef href="#m00032" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 (buying or selling salmon in close time);
</p>
</content>
</paragraph>
<paragraph eId="section-23-c">
<num>c</num>
<content>
<p>
section 7 of the
<noteRef href="#m00033" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (possessing illegally taken salmon or trout);
</p>
</content>
</paragraph>
<paragraph eId="section-23-d">
<num>d</num>
<content>
<p>section 7A of the said Act of 1951 (possessing illegally taken salmon); or</p>
</content>
</paragraph>
<paragraph eId="section-23-e">
<num>e</num>
<content>
<p>any rule of law relating to reset;</p>
</content>
</paragraph>
<wrapUp>
<p>the court is not satisfied that the accused is guilty of the offence charged but is satisfied that he is guilty of another of these offences, it may acquit him of the offence charged but find him guilty of the other offence and he shall then be liable to the same punishment as for that other offence.</p>
</wrapUp>
</section>
<section eId="section-24">
<num>24</num>
<heading>Unauthorised introduction of salmon or salmon eggs into certain waters</heading>
<subsection eId="section-24-1">
<num>1</num>
<content>
<p>A person who intentionally introduces any salmon or salmon eggs into inland waters in a salmon fishery district for which there is a district salmon fishery board shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.</p>
</content>
</subsection>
<subsection eId="section-24-2">
<num>2</num>
<intro>
<p>A person shall not be guilty of an offence under this section in respect of an introduction of salmon or salmon eggs into such waters if—</p>
</intro>
<paragraph eId="section-24-2-a">
<num>a</num>
<content>
<p>he has the previous written consent of the district salmon fishery board for the salmon fishery district in which these waters are situated; or</p>
</content>
</paragraph>
<paragraph eId="section-24-2-b">
<num>b</num>
<content>
<p>
the waters constitute or are included in a fish farm within the meaning of the
<noteRef href="#m00034" placement="inline" class="margin-note"/>
Diseases of Fish Act 1937.
</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-25">
<num>25</num>
<heading>Fixed engines in the Solway</heading>
<content>
<p>
After section 7 of the
<noteRef href="#m00035" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, there shall be inserted the following section—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="d4e2069">
<num>7B</num>
<heading>Fixed engines in the Solway.</heading>
<subsection eId="d4e2073">
<num>1</num>
<content>
<p>Any person who, for the purpose of taking or obstructing the free passage of salmon, places or uses an uncertificated fixed engine within the limits of the Solway Firth in Scotland shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.</p>
</content>
</subsection>
<subsection eId="d4e2079">
<num>2</num>
<content>
<p>In subsection (1) above—</p>
<blockList class="unordered">
<item>
<p>' fixed engine' includes any net or other implement for taking fish which is fixed to the soil or made stationary in any other way; and</p>
</item>
<item>
<p>
' uncertificated ' means not having been certified as privileged under section 5 of the
<noteRef href="#m00036" placement="inline" class="margin-note"/>
Solway Salmon Fisheries Commissioners (Scotland) Act 1877.
</p>
</item>
</blockList>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
</p>
</content>
</section>
<section eId="section-26">
<num>26</num>
<heading>Poaching in the Esk</heading>
<subsection eId="section-26-1">
<num>1</num>
<intro>
<p>Section 21 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, (non-application of that Act to the River Esk in Scotland) shall be renumbered as subsection (1) of that section and—</p>
</intro>
<paragraph eId="section-26-1-a">
<num>a</num>
<content>
<p>at the beginning of that subsection there shall be inserted the words " Subject to subsection (2) below, " ; and</p>
</content>
</paragraph>
<paragraph eId="section-26-1-b">
<num>b</num>
<content>
<p>after that subsection there shall be added the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e2122">
<num>2</num>
<content>
<p>Section 1 of this Act and sections 3 and 18 to 20 so far as relating to an offence under that section shall apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-26-2">
<num>2</num>
<content>
<p>
In section 39 of the
<noteRef href="#m00037" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 (application of that Act to certain Border waters including the River Esk) there shall be inserted after subsection (1) the following subsection—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e2139">
<num>1A</num>
<content>
<p>
In the application of this Act, under subsection (11(b) above, to the River Esk in Scotland, references to this Act in sections 31 to 33 and section 36 shall be construed as including references to sections 1, 3 and 18 to 20 of the
<noteRef href="#m00038" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 as applied to that River by section 21 of that Act.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-26-3">
<num>3</num>
<content>
<p>In section 43(3) of the said Act of 1975 (Scottish extent) after the words " 39(1)" there shall be inserted the word " ,(1A) ".</p>
</content>
</subsection>
<subsection eId="section-26-4">
<num>4</num>
<content>
<p>Section 9 of the Solway Act 1804 shall, so far as relating to salmon, cease to have effect in relation to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland.</p>
</content>
</subsection>
</section>
<section eId="section-27">
<num>27</num>
<heading>Exemption from certain offences in respect of certain acts</heading>
<subsection eId="section-27-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subsection>
<subsection eId="section-27-2">
<num>2</num>
<intro>
<p>The Secretary of State may exempt an act or omission under subsection (1) above only if he is satisfied that—</p>
</intro>
<paragraph eId="section-27-2-a">
<num>a</num>
<content>
<p>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</p>
</content>
</paragraph>
<paragraph eId="section-27-2-b">
<num>b</num>
<content>
<p>if there is one, the district salmon fishery board for that district</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subsection>
<subsection eId="section-27-3">
<num>3</num>
<content>
<p>In subsection (2) above, " affected " means appearing to the Secretary of State to be likely to be affected by the exemption.</p>
</content>
</subsection>
<subsection eId="section-27-4">
<num>4</num>
<intro>
<p>An exemption under this subsection—</p>
</intro>
<paragraph eId="section-27-4-a">
<num>a</num>
<content>
<p>may relate only to such person as may be specified in it;</p>
</content>
</paragraph>
<paragraph eId="section-27-4-b">
<num>b</num>
<content>
<p>may be subject to such conditions as may be so specified ;</p>
</content>
</paragraph>
<paragraph eId="section-27-4-c">
<num>c</num>
<content>
<p>shall be in writing;</p>
</content>
</paragraph>
<paragraph eId="section-27-4-d">
<num>d</num>
<intro>
<p>shall specify—</p>
</intro>
<subparagraph eId="section-27-4-d-i">
<num>i</num>
<content>
<p>the limits of the waters to which it relates ;</p>
</content>
</subparagraph>
<subparagraph eId="section-27-4-d-ii">
<num>ii</num>
<content>
<p>its duration ; and</p>
</content>
</subparagraph>
<subparagraph eId="section-27-4-d-iii">
<num>iii</num>
<content>
<p>the enactment to which it relates.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-27-5">
<num>5</num>
<content>
<p>In this section, " enactment" includes any instrument made after the passing of this Act under any enactment.</p>
</content>
</subsection>
</section>
<section eId="section-28">
<num>28</num>
<heading>Exemption from certain offences in respect of acts done for scientific etc. purposes</heading>
<subsection eId="section-28-1">
<num>1</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="section-28-1-a">
<num>a</num>
<intro>
<p>the act or omission is for—</p>
</intro>
<subparagraph eId="section-28-1-a-i">
<num>i</num>
<content>
<p>some scientific purpose ;</p>
</content>
</subparagraph>
<subparagraph eId="section-28-1-a-ii">
<num>ii</num>
<content>
<p>the purpose of protecting, improving or developing stocks of fish ; or</p>
</content>
</subparagraph>
<subparagraph eId="section-28-1-a-iii">
<num>iii</num>
<content>
<p>the purpose of conserving any creature or other living thing ; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-28-1-b">
<num>b</num>
<intro>
<p>he has obtained the previous permission in writing—</p>
</intro>
<subparagraph eId="section-28-1-b-i">
<num>i</num>
<content>
<p>if the act or omission is one to which this subparagraph applies, of the district salmon fishery board for the salmon fishery district in which it takes place or of the Secretary of State ; and</p>
</content>
</subparagraph>
<subparagraph eId="section-28-1-b-ii">
<num>ii</num>
<content>
<p>in any other case, of the Secretary of State for the act or omission.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-28-2">
<num>2</num>
<intro>
<p>Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph—</p>
</intro>
<paragraph eId="section-28-2-a">
<num>a</num>
<content>
<p>takes place in a salmon fishery district for which there is a district salmon fishery board ; and</p>
</content>
</paragraph>
<paragraph eId="section-28-2-b">
<num>b</num>
<intro>
<p>is a contravention of—</p>
</intro>
<subparagraph eId="section-28-2-b-i">
<num>i</num>
<content>
<p>
section 45 of the
<noteRef href="#m00039" placement="inline" class="margin-note"/>
Tweed Fisheries Act 1857 ;
</p>
</content>
</subparagraph>
<subparagraph eId="section-28-2-b-ii">
<num>ii</num>
<content>
<p>
section 6 of the
<noteRef href="#m00040" placement="inline" class="margin-note"/>
Tweed Fisheries Amendment Act 1859 ;
</p>
</content>
</subparagraph>
<subparagraph eId="section-28-2-b-iii">
<num>iii</num>
<content>
<p>
section 18, 19 or 20 of the
<noteRef href="#m00041" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 ; or
</p>
</content>
</subparagraph>
<subparagraph eId="section-28-2-b-iv">
<num>iv</num>
<content>
<p>
section 2 or 4(c) of the
<noteRef href="#m00042" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.
</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-28-3">
<num>3</num>
<content>
<p>A permission under subsection (1) above shall specify the act or omission permitted and the enactment to which the permission relates.</p>
</content>
</subsection>
<subsection eId="section-28-4">
<num>4</num>
<intro>
<p>In this section—</p>
</intro>
<paragraph eId="section-28-4-a">
<num>a</num>
<content>
<p>references to a salmon fishery district and to a district salmon fishery board include respectively references to the River Tweed and to the River Tweed Council:</p>
</content>
</paragraph>
<paragraph eId="section-28-4-b">
<num>b</num>
<content>
<p>" enactment" includes any instrument made after the passing of this Act under any enactment.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-29">
<num>29</num>
<heading>Application of sections 27 and 28 to River Esk and River Tweed</heading>
<subsection eId="section-29-1">
<num>1</num>
<intro>
<p>Sections 27 and 28 of this Act, as respects any enactment—</p>
</intro>
<paragraph eId="section-29-1-a">
<num>a</num>
<content>
<p>which does not apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland but otherwise extends to Scotland, shall likewise not apply to that part of that River;</p>
</content>
</paragraph>
<paragraph eId="section-29-1-b">
<num>b</num>
<content>
<p>which applies to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland but otherwise does not extend to Scotland, shall not apply to that part of that River;</p>
</content>
</paragraph>
<paragraph eId="section-29-1-c">
<num>c</num>
<content>
<p>which extends to Scotland only but also applies to so much of the River Tweed as is situated outwith Scotland, shall likewise apply to that part of that River.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-29-2">
<num>2</num>
<content>
<p>In this section, " enactment" includes any instrument made after the passing of this Act under any enactment.</p>
</content>
</subsection>
</section>
<section eId="section-30">
<num>30</num>
<heading>Prosecution of offences under the Act of 1868</heading>
<subsection eId="section-30-1">
<num>1</num>
<content>
<p>
Section 30 and sections 38 to 40 of the
<noteRef href="#m00043" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 (prosecution of offences at the instance of the clerk to a district board or of any other person) shall cease to have effect but any proceedings begun before the commencement of this section shall proceed as if this section had not been passed.
</p>
</content>
</subsection>
<subsection eId="section-30-2">
<num>2</num>
<content>
<p>A person who commits an offence under section 15 or sections 18 to 24 of that Act may be convicted on the evidence of one witness.</p>
</content>
</subsection>
</section>
</part>
<part eId="part-III">
<num>PART III</num>
<heading>Provisions Applying to England and Wales</heading>
<section eId="section-31">
<num>31</num>
<heading>Dealer licensing in England and Wales</heading>
<subsection eId="section-31-1">
<num>1</num>
<intro>
<p>The Minister of Agriculture, Fisheries and Food and the Secretary of State may by order made by statutory instrument make provision for the purpose of prohibiting persons, in such cases as may be specified in the order, from—</p>
</intro>
<paragraph eId="section-31-1-a">
<num>a</num>
<content>
<p>dealing in salmon otherwise than under and in accordance with a licence issued in pursuance of the order by such person as may be so specified ; or</p>
</content>
</paragraph>
<paragraph eId="section-31-1-b">
<num>b</num>
<content>
<p>buying salmon from a person who is not licensed to deal in salmon.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-31-2">
<num>2</num>
<intro>
<p>Without prejudice to the generality of subsection (1) above, an order under this section may—</p>
</intro>
<paragraph eId="section-31-2-a">
<num>a</num>
<content>
<p>prescribe the manner and form of an application for a licence to deal in salmon and the sum, or maximum sum, to be paid on the making of such an application;</p>
</content>
</paragraph>
<paragraph eId="section-31-2-b">
<num>b</num>
<content>
<p>specify the circumstances in which such an application is to be granted or refused and the conditions that may be incorporated in such a licence ;</p>
</content>
</paragraph>
<paragraph eId="section-31-2-c">
<num>c</num>
<content>
<p>authorise the amendment, revocation or suspension of such a licence;</p>
</content>
</paragraph>
<paragraph eId="section-31-2-d">
<num>d</num>
<content>
<p>create criminal offences consisting in the contravention of, or failure to comply with, provisions made under this section;</p>
</content>
</paragraph>
<paragraph eId="section-31-2-e">
<num>e</num>
<content>
<p>provide for matters to be determined for the purposes of any such provision by a person authorised by any such provision to issue a licence ; and</p>
</content>
</paragraph>
<paragraph eId="section-31-2-f">
<num>f</num>
<content>
<p>
make provision, whether by applying provisions of the
<noteRef href="#m00044" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 or otherwise, for the purpose of facilitating the enforcement of any provision made under this section.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-31-3">
<num>3</num>
<intro>
<p>An order under this section may—</p>
</intro>
<paragraph eId="section-31-3-a">
<num>a</num>
<content>
<p>make different provision for different cases ; and</p>
</content>
</paragraph>
<paragraph eId="section-31-3-b">
<num>b</num>
<content>
<p>contain such incidental, supplemental and transitional provision as appears to the Minister of Agriculture, Fisheries and Food and the Secretary of State to be necessary or expedient.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-31-4">
<num>4</num>
<content>
<p>Except in the case of an order to which subsection (5) below applies, no order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.</p>
</content>
</subsection>
<subsection eId="section-31-5">
<num>5</num>
<content>
<p>A statutory instrument containing an order under this section which relates exclusively to the sum, or maximum sum, to be paid on the making of an application for a licence to deal in salmon shall be subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subsection>
<subsection eId="section-31-6">
<num>6</num>
<content>
<p>In this section " deal", in relation to salmon, includes selling any quantity of salmon, whether by way of business or otherwise, and acting on behalf of a buyer or seller of salmon.</p>
</content>
</subsection>
</section>
<section eId="section-32">
<num>32</num>
<heading>Handling salmon in suspicious circumstances</heading>
<subsection eId="section-32-1">
<num>1</num>
<content>
<p>Subject to subsections (3) and (4) below, a person shall be guilty of an offence if, at a time when he believes or it would be reasonable for him to suspect that a relevant offence has at any time been committed in relation to any salmon, he receives the salmon, or undertakes or assists in its retention, removal or disposal by or for the benefit of another person, or if he arranges to do so.</p>
</content>
</subsection>
<subsection eId="section-32-2">
<num>2</num>
<intro>
<p>For the purposes of this section an offence is a relevant offence in relation to a salmon if—</p>
</intro>
<paragraph eId="section-32-2-a">
<num>a</num>
<content>
<p>it is committed by taking, killing or landing that salmon, either in England and Wales or in Scotland ; or</p>
</content>
</paragraph>
<paragraph eId="section-32-2-b">
<num>b</num>
<content>
<p>that salmon is taken, killed or landed, either in England and Wales or in Scotland, in the course of the commission of the offence.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-32-3">
<num>3</num>
<content>
<p>It shall be immaterial for the purposes of subsection (1) above that a person's belief or the grounds for suspicion relate neither specifically to a particular offence that has been committed nor exclusively to a relevant offence or to relevant offences; but it shall be a defence in proceedings for an offence under this section to show that no relevant offence had in fact been committed in relation to the salmon in question.</p>
</content>
</subsection>
<subsection eId="section-32-4">
<num>4</num>
<content>
<p>A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.</p>
</content>
</subsection>
<subsection eId="section-32-5">
<num>5</num>
<intro>
<p>A person guilty of an offence under this section shall be liable—</p>
</intro>
<paragraph eId="section-32-5-a">
<num>a</num>
<content>
<p>on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both ;</p>
</content>
</paragraph>
<paragraph eId="section-32-5-b">
<num>b</num>
<content>
<p>on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-32-6">
<num>6</num>
<intro>
<p>
The
<noteRef href="#m00045" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 shall have effect as if—
</p>
</intro>
<paragraph eId="section-32-6-a">
<num>a</num>
<content>
<p>in section 31(1)(b) and (c) (powers of search of water bailiffs), the references to a fish taken in contravention of that Act included references to a salmon in relation to which a relevant offence has been committed ; and</p>
</content>
</paragraph>
<paragraph eId="section-32-6-b">
<num>b</num>
<content>
<p>in sections 33(2) (warrants to enter suspected premises), 36(1) (water bailiffs to be constables for the purpose of enforcing Act) and 39(1) (border rivers) and in paragraph 39(l)(a) of Schedule 3 (prosecution by water authorities) and Part II of Schedule 4 (procedure on prosecutions), the references to that Act included references to this section.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-32-7">
<num>7</num>
<content>
<p>In this section " offence ", in relation to the taking, killing or landing of a salmon either in England and Wales or in Scotland, means an offence under the law applicable to the place where the salmon is taken, killed or landed.</p>
</content>
</subsection>
</section>
<section eId="section-33">
<num>33</num>
<heading>Placing and use of fixed engines</heading>
<subsection eId="section-33-1">
<num>1</num>
<content>
<p>For subsection (1) of section 6 of the Salmon and Freshwater Fisheries Act 1975 (under which it is an offence to place a fixed engine in any inland or tidal waters or to use an unauthorised fixed engine for specified purposes) there shall be substituted the following subsection—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="d4e2653">
<num>1</num>
<content>
<p>Any person who places or uses an unauthorised fixed engine in any inland or tidal waters shall be guilty of an offence</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-33-2">
<num>2</num>
<content>
<p>In subsection (3) of the said section 6 (definition of unauthorised fixed engine), at the end of paragraph (b) there shall be inserted </p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">; or</p>
<paragraph eId="d4e2670">
<num>c</num>
<content>
<p>a fixed engine the placing and use of which is authorised by byelaws made by a water authority under this Act or by byelaws made by a local fisheries committee by virtue of section 37(2) of the Salmon Act 1986.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-33-3">
<num>3</num>
<content>
<p>In Part II of Schedule 3 to the said Act of 1975 (byelaws), after paragraph 21 there shall be inserted the following paragraph—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<paragraph eId="d4e2683">
<num>21A</num>
<content>
<p>Authorising the placing and use of fixed engines at such places in the water authority area (not being places within the sea fisheries district of a local fisheries committee), at such times and in such manner as may be prescribed by the byelaws and imposing requirements as to the construction, design, material and dimensions of such engines, including in the case of nets the size of mesh.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-34">
<num>34</num>
<heading>Introduction of fish into fish farms without consent</heading>
<content>
<p>
In section 30 of the
<noteRef href="#m00046" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 (prohibition of introduction of fish into inland waters without the consent of the water authority), at the end there shall be added the words " or the inland water is one which consists exclusively of, or of part of, a fish farm and which, if it discharges into another inland water, does so only through a conduit constructed or adapted for the purpose.
</p>
<p>
In this section " fish farm " has the same meaning as in the
<noteRef href="#m00047" placement="inline" class="margin-note"/>
Diseases of Fish Act 1937.".
</p>
</content>
</section>
<section eId="section-35">
<num>35</num>
<heading>Removal of differential penalties under Salmon and Freshwater Fisheries Act 1975</heading>
<subsection eId="section-35-1">
<num>1</num>
<content>
<p>In the Table in Part I of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (mode of prosecution and punishment for offences), for the entries relating to sections I and 27 (being entries which make different provision according to whether the offender acted with another and do not provide for imprisonment on summary conviction) there shall be substituted the following entries, respectively—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<tblock class="tabular">
<table>
<tr>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>Provision of Act creating the offence</p>
</th>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>Description of offence</p>
</th>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>Mode of prosecution</p>
</th>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>Punishment</p>
</th>
</tr>
<tr>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>(1)</p>
</th>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>(2)</p>
</th>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>(3)</p>
</th>
<th colspan="1" rowspan="1" style="border-right-style:solid">
<p>(4)</p>
</th>
</tr>
<tr>
<td colspan="1" rowspan="2" style="border-right-style:solid">
<p>Section 1</p>
</td>
<td colspan="1" rowspan="2" style="border-right-style:solid">
<p>Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish.</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>(a) Summarily</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>Three months or the statutory maximum or both.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>(b) On indictment</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>Two years or a fine or both.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="4" style="border-right-style:solid">
<p>Section 27</p>
</td>
<td colspan="1" rowspan="4" style="border-right-style:solid">
<p>Fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing.</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>(a) If the instrument in question, or each of the instruments in question, is a rod and line, summarily.</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>Level 4 on the standard-scale.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>(b) In any other case—</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p/>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>(i) summarily</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>three months or the statutory maximum or both;</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>(ii) on indictment</p>
</td>
<td colspan="1" rowspan="1" style="border-right-style:solid">
<p>two years or a fine or both.</p>
</td>
</tr>
</table>
</tblock>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-35-2">
<num>2</num>
<content>
<p>Subsection (1) above shall not affect any proceedings in respect of, or the punishment for, an offence committed before that subsection comes into force.</p>
</content>
</subsection>
</section>
<section eId="section-36">
<num>36</num>
<heading>Servants and agents authorised by fishing licences</heading>
<subsection eId="section-36-1">
<num>1</num>
<content>
<p>
For paragraph 9 of Schedule 2 to the
<noteRef href="#m00048" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 (persons treated as servants and agents of licensee for the purpose of being entitled to use an instrument under the authority of the licence) there shall be substituted the following paragraph—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule default" startQuote="" endQuote="">
<paragraph eId="d4e2804">
<num>9</num>
<subparagraph eId="d4e2808">
<num>1</num>
<intro>
<p>A person who uses an instrument of any description for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing with instruments of that description is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use an instrument of that description unless, at the time that person uses the instrument—</p>
</intro>
<paragraph eId="d4e2814">
<num>a</num>
<content>
<p>his name and address are entered on the licence in accordance with the following provisions of this Schedule; and</p>
</content>
</paragraph>
<paragraph eId="d4e2820">
<num>b</num>
<content>
<p>he is not himself the holder of a licence to use an instrument of that description in that area ; and</p>
</content>
</paragraph>
<paragraph eId="d4e2826">
<num>c</num>
<content>
<p>he is accompanied by the licensee or has the consent of the water authority to his use of the instrument in the absence of the licensee.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e2832">
<num>2</num>
<intro>
<p>A person who uses an instrument of any description for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use an instrument of that description unless, at the time that person uses the instrument—</p>
</intro>
<paragraph eId="d4e2838">
<num>a</num>
<content>
<p>his name and address are entered on the licence in accordance with the following provisions of this Schedule; or</p>
</content>
</paragraph>
<paragraph eId="d4e2844">
<num>b</num>
<content>
<p>he is accompanied by the licensee; or</p>
</content>
</paragraph>
<paragraph eId="d4e2850">
<num>c</num>
<content>
<p>he has the consent of the water authority to his use of the instrument otherwise than where there is compliance with paragraph (a) or (b) above.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="d4e2856">
<num>3</num>
<intro>
<p>The consent of a water authority shall not be given under this paragraph except—</p>
</intro>
<paragraph eId="d4e2862">
<num>a</num>
<content>
<p>in the case of a consent for the purposes of subparagraph (1) (c) above, in relation to a period which appears to the water authority to be a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;</p>
</content>
</paragraph>
<paragraph eId="d4e2868">
<num>b</num>
<content>
<p>in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent appears to the water authority to be required by the special circumstances of the case.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</subsection>
<subsection eId="section-36-2">
<num>2</num>
<content>
<p>Accordingly, in section 25(3) of that Act, for the words from "not exceeding" onwards there shall be substituted the words " subject to the provisions of paragraphs 9 to 13 of Schedule 2 to this Act ".</p>
</content>
</subsection>
</section>
<section eId="section-37">
<num>37</num>
<heading>Byelaws under Sea Fisheries Regulation Act 1966</heading>
<subsection eId="section-37-1">
<num>1</num>
<content>
<p>
Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under section 5 of the
<noteRef href="#m00049" placement="inline" class="margin-note"/>
Sea Fisheries Regulation Act 1966 shall be exercisable for the purposes of protecting salmon and of preventing any interference with their migration and shall be so exercisable as if the references in that section to sea fish included references to salmon.
</p>
</content>
</subsection>
<subsection eId="section-37-2">
<num>2</num>
<content>
<p>
Subject to subsection (3) below, the power of a local fisheries committee to make byelaws under the said section 5 shall also include power to make byelaws which for the purposes of section 6 of the
<noteRef href="#m00050" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 authorise the placing and use of fixed engines at such places in their sea fisheries district, at such times and in such manner as may be prescribed by the byelaws and impose requirements as to the construction, design, material and dimensions of such engines, including in the case of nets the size of mesh.
</p>
</content>
</subsection>
<subsection eId="section-37-3">
<num>3</num>
<content>
<p>A local fisheries committee shall not make byelaws for any purpose mentioned in subsection (1) or (2) above unless the water authority whose area for the purposes of functions relating to fisheries includes the whole or any part of the committee's sea fisheries district have consented to byelaws being made by the committee for that purpose.</p>
</content>
</subsection>
<subsection eId="section-37-4">
<num>4</num>
<content>
<p>For the purposes of any byelaws made by virtue of this section the references to sea fish in sections 10(2)(c) and 12 of the said Act of 1966 (which include provision with respect to the seizure of, and searches for, sea fish taken in contravention of byelaws) shall be deemed to include references to salmon.</p>
</content>
</subsection>
<subsection eId="section-37-5">
<num>5</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>" fixed engine " has the same meaning as in the Salmon and Freshwater Fisheries Act 1975 ; and</p>
</item>
<item>
<p>" salmon" means fish of the salmon species and trout which migrate to and from the sea.</p>
</item>
</blockList>
</content>
</subsection>
</section>
<section eId="section-38">
<num>38</num>
<heading>Disclosure of information furnished under the Diseases of Fish Act 1983</heading>
<content>
<p>
In subsection (1) of section 9 of the
<noteRef href="#m00051" placement="inline" class="margin-note"/>
Diseases of Fish Act 1983 (disclosure of information obtained in pursuance of section 7 of that Act), after paragraph (c) there shall be inserted the words
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">or</p>
<paragraph eId="d4e2944">
<num>d</num>
<content>
<p>for the purpose of enabling a water authority to carry out any of their functions under the 1937 Act</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</part>
<part eId="part-IV">
<num>PART IV</num>
<heading>Miscellaneous</heading>
<section eId="section-39">
<num>39</num>
<heading>Review of certain salmon net fishing</heading>
<subsection eId="section-39-1">
<num>1</num>
<intro>
<p>The Minister of Agriculture, Fisheries and Food and the Secretary of State shall, as soon as practicable after the end of the period of three years beginning with the passing of this Act, prepare a report which, in the context of the need to ensure—</p>
</intro>
<paragraph eId="section-39-1-a">
<num>a</num>
<content>
<p>that sufficient salmon return to spawn in the rivers wholly or partly situated in the areas and districts specified in subsection (3) below; and</p>
</content>
</paragraph>
<paragraph eId="section-39-1-b">
<num>b</num>
<content>
<p>that fishing for salmon by means of nets is properly managed in those areas and districts,</p>
</content>
</paragraph>
<wrapUp>
<p>reviews the nature and extent of all such fishing in those areas and districts.</p>
</wrapUp>
</subsection>
<subsection eId="section-39-2">
<num>2</num>
<content>
<p>A copy of the report prepared under subsection (1) above shall be laid before each House of Parliament.</p>
</content>
</subsection>
<subsection eId="section-39-3">
<num>3</num>
<content>
<p>The areas and districts referred to in subsection (1) above are the areas of the Yorkshire and Northumbrian water authorities and the salmon fishery districts from the River Forth to the River Ugie, the River Tweed being deemed for the purposes of this section to be included in those areas and districts.</p>
</content>
</subsection>
</section>
<section eId="section-40">
<num>40</num>
<heading>Interpretation</heading>
<subsection eId="section-40-1">
<num>1</num>
<content>
<p>In this Act, unless the context otherwise requires—</p>
<blockList class="unordered">
<item>
<p>" annual close time order " has the meaning ascribed to it in section 6 (3) of this Act;</p>
</item>
<item>
<p>
" assessor " means the assessor or depute assessor for a valuation area appointed under section 116 of the
<noteRef href="#m00052" placement="inline" class="margin-note"/>
Local Government (Scotland) Act 1973 ;
</p>
</item>
<item>
<p>" board " and " district salmon fishery board " mean—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>the committee of an association of proprietors of salmon fisheries within the meaning of section 14 of this Act; or</p>
</item>
<item>
<num>b</num>
<p>a transitional district board within the meaning of section 14(8) of this Act;</p>
</item>
</blockList>
</item>
<item>
<p>
" coastal limits " means the limits of seacoast fixed for a district under section 6(3) of the
<noteRef href="#m00053" placement="inline" class="margin-note"/>
Salmon Fisheries person, company or corporation ;
</p>
</item>
<item>
<p>" designation order" has the meaning ascribed to it in section 1(2) of this Act;</p>
</item>
<item>
<p>" district" and " salmon fishery district" mean an area described in section 1(1) of this Act or designated as such by a designation order ;</p>
</item>
<item>
<p>" enactment" includes any Act of Parliament, whether public, general, local or private, and any instrument made under any enactment;</p>
</item>
<item>
<p>"fishery assessment" has the meaning ascribed to it in section 15(2) of this Act;</p>
</item>
<item>
<p>" fishery " and " salmon fishery " means a salmon fishery in any river or estuary or in the sea ;</p>
</item>
<item>
<p>
" inland waters " has the same meaning as in the
<noteRef href="#m00054" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;
</p>
</item>
<item>
<p>" proprietor " means, subject to subsection (3) below, any person, partnership, company or corporation which is the proprietor of a salmon fishery or which receives or is entitled to receive the rents of such fishery on its own account or as trustee, guardian or factor for any Tweed Fisheries Amendment Act 1859, as amended by</p>
</item>
<item>
<p>" river " includes tributaries and any loch from or through which any river flows ;</p>
</item>
<item>
<p>
" River Tweed " means " the River " as defined by the the byelaw made under section 4 of the
<noteRef href="#m00055" placement="inline" class="margin-note"/>
Salmon Fisher-the byelaw made under section 4 of the
<noteRef href="#m00056" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1863 ;
</p>
</item>
<item>
<p>
" River Tweed Council" means the council constituted under section 6 of the
<noteRef href="#m00057" placement="inline" class="margin-note"/>
Tweed Fisheries Act 1969:
</p>
</item>
<item>
<p>" salmon " means all migratory fish of the species Salmo salar and Salmo trutta and commonly known as salmon and sea trout respectively or any part of any such fish;</p>
</item>
<item>
<p>" tenant netsman " means a person in possession of a right, under a lease or sub-lease, of fishing for salmon with nets: and</p>
</item>
<item>
<p>
" valuation roll" means a roll made up under section 1 of the
<noteRef href="#m00058" placement="inline" class="margin-note"/>
Local Government (Scotland) Act 1975.
</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-40-2">
<num>2</num>
<content>
<p>In Part I of this Act, " the Salmon Fisheries (Scotland) Acts 1862 to 1868 " means—</p>
<blockList class="unordered">
<item>
<p>
the
<noteRef href="#m00059" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1862 ;
</p>
</item>
<item>
<p>
the
<noteRef href="#m00060" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1864 ;
</p>
</item>
<item>
<p>
and the
<noteRef href="#m00061" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868.
</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-40-3">
<num>3</num>
<intro>
<p>In this Act, " proprietor " includes not more than one person authorised by—</p>
</intro>
<paragraph eId="section-40-3-a">
<num>a</num>
<content>
<p>in the case of a fishery in which more than one person has a pro indiviso share, such persons; or</p>
</content>
</paragraph>
<paragraph eId="section-40-3-b">
<num>b</num>
<content>
<p>in the case of a fishery in which the rights to that fishery are shared by more than one person in any other way, such persons,</p>
</content>
</paragraph>
<wrapUp>
<p>but in neither case does it include, except by virtue of this subsection, a person whose right to that fishery is so shared.</p>
</wrapUp>
</subsection>
</section>
<section eId="section-41">
<num>41</num>
<heading>Amendments and repeals</heading>
<subsection eId="section-41-1">
<num>1</num>
<content>
<p>The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the preceding provisions of this Act).</p>
</content>
</subsection>
<subsection eId="section-41-2">
<num>2</num>
<content>
<p>Subject to subsections (3) and (4) below, the enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.</p>
</content>
</subsection>
<subsection eId="section-41-3">
<num>3</num>
<content>
<p>
The repeal specified in Schedule 5 to this Act relating to section 13 of the
<noteRef href="#m00062" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1868 shall not extend to the River Tweed.
</p>
</content>
</subsection>
<subsection eId="section-41-4">
<num>4</num>
<content>
<p>
Notwithstanding the repeal specified in Schedule 5 to this Act relating to the
<noteRef href="#m00063" placement="inline" class="margin-note"/>
Salmon Fisheries (Scotland) Act 1863, the byelaw made under section 4 of that Act in respect of the limits of the River Tweed shall continue to have effect; and the repeal of that section shall not affect the legality of any mode of fishing for or taking salmon at any place.
</p>
</content>
</subsection>
</section>
<section eId="section-42">
<num>42</num>
<heading>Crown application</heading>
<subsection eId="section-42-1">
<num>1</num>
<content>
<p>Part I of this Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, but otherwise this Act shall not bind the Crown.</p>
</content>
</subsection>
<subsection eId="section-42-2">
<num>2</num>
<content>
<p>In this section, " land " includes salmon fisheries.</p>
</content>
</subsection>
</section>
<section eId="section-43">
<num>43</num>
<heading>Citation, commencement and extent</heading>
<subsection eId="section-43-1">
<num>1</num>
<content>
<p>This Act, which may be cited as the Salmon Act 1986, shall, with the exception of the provision mentioned in subsection (2) below, come into force on the expiry of the period of two months beginning with the date on which it is passed.</p>
</content>
</subsection>
<subsection eId="section-43-2">
<num>2</num>
<content>
<p>Section 21 of this Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and such an order may include such transitional or saving provisions as appear to the Secretary of State to be necessary or expedient in connection with the provision brought into force by the order.</p>
</content>
</subsection>
<subsection eId="section-43-3">
<num>3</num>
<content>
<p>The provisions of this Act modifying or repealing other enactments except section 38 have respectively the same extent as those other enactments.</p>
</content>
</subsection>
<subsection eId="section-43-4">
<num>4</num>
<content>
<p>
Subject to the application of section 39(1) of the
<noteRef href="#m00064" placement="inline" class="margin-note"/>
Salmon and Freshwater Fisheries Act 1975 (border rivers) in relation to section 32 of this Act and the enactments amended by sections 33 to 36 of this Act, sections 31 to 38 of this Act extend to England and Wales only.
</p>
</content>
</subsection>
<subsection eId="section-43-5">
<num>5</num>
<content>
<p>Except as this Act otherwise provides, Parts I and II and section 42 of this Act extend to Scotland only.</p>
</content>
</subsection>
</section>
</part>
</portionBody>
</portion>
</akomaNtoso>