PART IIRIVER ESK

Enforcement8

1

The powers of water bailiffs, of any person appointed by the Minister and of a constable under sections 31(1), 32 to 34, and 36 of the 1975 Act shall apply to any offence under article 7 above as they apply to an offence under that Act.

2

The powers of water bailiffs and constables under sections 10 to 12 of the 1951 Act shall apply to any offence under article 7 above as they apply to an offence under that Act.

3

Any person referred to in paragraphs (1) and (2) above may exercise his powers in any part of the River Esk.

4

A water bailiff who reasonably suspects that a person is, intends to, or has been, fishing in the River Esk may require that person–

a

to produce his licence or other authority to fish; and

b

to state his name and address.

5

Any person who fails to comply with such a requirement or provides false information in response to it shall be guilty of an offence; but any person who complies with paragraph (4)(a) above within 7 days of being so required shall not be convicted of an offence under this paragraph.

6

Any person who resists or otherwise obstructs a water bailiff in the exercise of any power referred to in paragraphs (1) or (2) above shall be guilty of an offence.

7

Any person guilty of an offence under paragraph (5) and (6) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

8

Article 7(4) above applies to an offence under this article as it does to an offence under article 7.

9

Section 10(6) of the 1951 Act and sections 31(2) and 35 of the 1975 Act shall cease to have effect in relation to the River Esk.