(1)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 M1Salmon Fisheries (Scotland) Act 1868 (which relate to the apprehension of offenders), or, where the offence relates to the River Tweed, the provisions of section thirty-eight of the M2Tweed Fisheries Act 1857, shall apply in respect of that person as if he had been found committing any of the offences referred to in the said section twenty-nine or in the said section thirty-eight.
(2)No person other than a water bailiff F1... or person appointed by the Secretary of State in pursuance of section ten of this Act shall have power by virtue of the said section twenty-nine to seize and detain any person who shall be found committing an offence against the said Act of 1868; and accordingly the said section twenty-nine shall have effect as if for the reference to person where that word first occurs there were substituted a reference to a water bailiff F1... or person appointed by the Secretary of State as aforesaid.
(3)No person other than a water bailiff, constable or person appointed as aforesaid shall have power by virtue of section thirty-eight of the M3Tweed Fisheries Act 1857, to seize and detain any person who shall be found committing an offence against that Act, or the M4Tweed Fisheries Amendment Act 1859; and accordingly the said section thirty-eight shall have effect as if for the reference to other person there were substituted a reference to a constable or such person as aforesaid.
Textual Amendments
F1Words 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
Modifications etc. (not altering text)
C1S. 12 extended by Sea Fish (Conservation) Act 1967 (c. 84), s. 18(2)
C2S. 12 extended by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), ss. 7(2)(a)(b), 10(2)
C3S. 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)
C4S. 12(2) modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 12(1)
Marginal Citations
M21857 c. cxlviii.
M31857 c. cxlviii.
Textual Amendments applied to the whole legislation
F2Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2),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))