10 Powers of water bailiffs. F1S
(1)Any water bailiff within his district may do all or any of the following things—
(a)examine any dam, fixed engine or obstruction, or any lade, and for that purpose enter on any land;
(b)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;
(c)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;
(d)seize any fish, instrument or article, boat or vehicle liable to be forfeited in pursuance of this Act.
(2)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.
(3)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.
(4)Any constable may exercise in relation to any water any of the powers specified in subsection (1) of this section.
(5)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.
(6)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.
(7)For the purposes of this section—
(a)any reference to the Salmon Fisheries (Scotland) Acts 1828 to 1868, shall in relation to the River Tweed include a reference to the M1Tweed Fisheries Act 1857, and the M2Tweed Fisheries Amendment Act 1859, and
(b)“land” includes land covered by water, but does not include a dwelling-house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith.
Modifications etc. (not altering text)
C1S. 10 extended by Sea Fish (Conservation) Act 1967 (c. 84), s. 18(2)
C2S. 10 extended (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(3)
C3S. 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)
C4S. 10(5) modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 12(1)
Marginal Citations
M11857 c. cxlviii.
Textual Amendments applied to the whole legislation
F1Act 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))