S. 10 extended by Sea Fish (Conservation) Act 1967 (c. 84), s. 18(2)
S. 10 extended (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(3)
S. 10(1)(d)(3)(6) extended by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), ss. 7(2)(a)(b), 10(2)
S. 10(1)(d)(3)(6) applied (with modifications) (15.4.2001) by 1986 c. 62, s. 10B(1) (as inserted (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2)
S. 10(6) excluded (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(9)
S. 10(5) modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 12(1)
1857 c. cxlviii.
S. 11 extended by Sea Fish (Conservation) Act 1967 (c. 84), s. 18(2)
S. 11 extended by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), ss. 7(2)(a)(b), 10(2)
S. 11 extended (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(3)
S. 11 applied (with modifications) (15.4.2001) by 1986 c. 62, s. 10B(4) (as inserted (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2)
S. 11(1)(5) modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 12(1)
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 22(2)(a)
S. 11(3A) inserted by Salmon Act 1986 (c. 62, SIF 52:2), s. 22(2)(b)
Words substituted by Salmon Act 1986 (c. 62, SIF 52:2), s. 22(2)(c)(i)
Words inserted by Salmon Act 1986 (c. 62, SIF 52:2), s. 22(2)(c)(ii)
1984 c.54(108).
1980 c.66(59).
S. 12 extended by Sea Fish (Conservation) Act 1967 (c. 84), s. 18(2)
S. 12 extended by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), ss. 7(2)(a)(b), 10(2)
S. 12 extended (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(3)
S. 12 applied (with modifications) (15.4.2001) by 1986 c. 62, s. 10B(5) (as inserted (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2)
1857 c. cxlviii.
S. 12(2) modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 12(1)
1857 c. cxlviii.
Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2; and (only in relation to the Tweed district) (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 (with art. 1(3))
Words in s. 12(2) omitted (25.1.2018) by virtue of The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 5
Any water bailiff within his district may do all or any of the following things—
examine any dam, fixed engine or obstruction, or any lade, and for that purpose enter on any land;
stop and search any boat which is used in fishing or any boat which there is reasonable cause to suspect of containing salmon or trout;
search and examine nets or other instruments used in fishing or any basket, pocket or other receptacle capable of carrying fish, which there is reasonable cause to suspect of containing salmon or trout illegally taken;
seize any fish, instrument or article, boat or vehicle liable to be forfeited in pursuance of this Act.
Any water bailiff may exercise in any district adjoining that of the district board by which he was appointed any power which he may lawfully exercise in the district of such board.
The production by a water bailiff of the instrument of his appointment purporting to be signed on behalf of the district board by whom he was appointed, or of any badge or other device indicating his appointment and purporting to be issued by such board, shall be a sufficient warrant for the exercise of any power conferred on such water bailiff by or in pursuance of this Act or of the Salmon Fisheries (Scotland) Acts 1828 to 1868.
Any constable may exercise in relation to any water any of the powers specified in subsection (1) of this section.
Any person appointed by the Secretary of State in that behalf may exercise in relation to any water any of the powers specified in subsection (1) of this section, and the production of the instrument of his appointment purporting to be signed by or on behalf of the Secretary of State shall be a sufficient warrant for the exercise of any such power.
If any person refuses to allow a water bailiff, constable, or any person acting in pursuance of the last foregoing subsection to exercise any power conferred on him by or in pursuance of this Act or of the Salmon Fisheries (Scotland) Acts 1828 to 1868, or obstructs a water bailiff, constable, or any such person as aforesaid in the exercise of any such power, he shall be guilty of an offence against this Act.
For the purposes of this section—
any reference to the Salmon Fisheries (Scotland) Acts 1828 to 1868, shall in relation to the River Tweed include a reference to the
“
A sheriff or any justice of the peace, if satisfied by information on oath that there is reasonable ground to suspect any offence against any of the provisions of sections
A person authorised by any such warrant as aforesaid to search any premises or any vehicle may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, as the case may be.
Where a constable has reasonable grounds for suspecting that an offence against any of the provisions of sections
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 dwelling-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.
Where a water bailiff has reasonable grounds for suspecting that an offence against
a road within the meaning of the Roads (Scotland) Act
a highway within the meaning of the Highways Act
adjoining such water or such land, the said water bailiff may search that vehicle.
Any person appointed by the Secretary of State in pursuance of the last foregoing section may exercise in relation to any water the powers conferred upon a water bailiff by virtue of this section.
No female shall in pursuance of any search authorised by this section be searched except by a female.
If any person shall be found committing any offence against the provisions of Part I of this Act, the provisions of section twenty-nine of the
No person other than a water bailiff
No person other than a water bailiff, constable or person appointed as aforesaid shall have power by virtue of section thirty-eight of the