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Salmon Act 1986

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Part I — Administration of Salmon Fisheries in Scotland

Salmon fishery districts

Salmon fishery districts

1

but excluding any area designated as a salmon fishery district by an order made under subsection (2) below.

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

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.

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

Designation orders

2

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.

General regulation of salmon fisheries

Regulations

3

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

Private generating stations

4

Enforcement of regulations

5

Annual close time

6

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

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.

Estuary limits

7

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

Use of baits and lures

8

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

Limits of the Solway Firth

9

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.

Application of regulations and annual close time orders to the River Tweed

10

unless the contrary intention appears.

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

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.

Proprietors

Qualified proprietors and upper and lower proprietors

11

value that fishery and enter it in the valuation roll.

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

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

Sole proprietor in a salmon fishery district

12

Mandatories

13

District salmon fishery boards

District salmon fishery boards

14

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.

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.

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.

Financial powers and duties of district salmon fishery boards

15

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.

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

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

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.

General powers and duties of district salmon fishery boards

16

Proceedings of district salmon fishery boards

17

Tenure of office

18

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.

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

Application of Part I to the River Esk

19

Subject to section 10E of this Act, 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 II — Other Provisions Applying to Scotland

Additional powers in respect of licensing and regulation of salmon dealing

20

as may be specified in the order;

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.

Permitted methods of fishing for salmon

21

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

(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.

(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.

.

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

22

(7A) (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.

.

(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 dweling-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.

;

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,

.

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

23

If, upon a trial for an offence under—

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.

Unauthorised introduction of salmon or salmon eggs into certain waters

24

Fixed engines in the Solway

25

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

(7B) (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.

Poaching in the Esk

26

(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.

.

(1A) In the application of this Act, under subsection (1)(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.

.

Exemption from certain offences in respect of certain acts

27

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.

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

28

Application of sections 27 and 28 to River Esk and River Tweed

29

Prosecution of offences under the Act of 1868

30

Part III — Provisions Applying to England and Wales

Dealer licensing in England and Wales

31

Handling salmon in suspicious circumstances

32

Placing and use of fixed engines

33

Introduction of fish into fish farms without consent

34

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.

Removal of differential penalties under Salmon and Freshwater Fisheries Act 1975

35
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— (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.”.

Servants and agents authorised by fishing licences

36

(9) (1) 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 sub-paragraph (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 sub-paragraph (2)(c) above, where the giving of the consent appears to the water authority to be required by the special circumstances of the case.

Byelaws under Sea Fisheries Regulation Act 1966

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information furnished under the Diseases of Fish Act 1983

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Miscellaneous

Review of certain salmon net fishing

39

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

Interpretation

40

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

Amendments and repeals

41

Crown application

42

Citation, commencement and extent

43

SCHEDULE 1

Proposals for a designation order

1

The Secretary of State may make a designation order only on the application to him by—

but the Secretary of State may act under this Schedule notwithstanding that the applicants do not represent the whole area which would be affected by the proposed order.

2

An application under paragraph 1 above shall be accompanied by the applicant’s written proposals which shall state—

Consultation and publication

3

On receiving an application under paragraph 1 above, the Secretary of State shall consult such persons as he considers appropriate and may—

4
5

At any time, the Secretary of State may alter the proposals in such way as he thinks fit and shall consider whether such alterations are sufficient to require—

Making of order

6

If no representations or objections are duly made, or if all so made are withdrawn, the Secretary of State may make a designation order.

7
8

After considering the report of the person appointed to hold the inquiry in pursuance of paragraph 7 above and any representations or objections which were duly made, the Secretary of State may make a designation order.

9

The power to make a designation order shall be exercisable by statutory instrument.

SCHEDULE 2

Part I — Meeting of Qualified Proprietors

Calling of meeting

1

and the following provisions of this Schedule shall have effect in respect of the proposed district as if it had been designated.

2

the proprietors present shall elect or, as the case may be, re-elect a committee to act on behalf of the association.

that committee shall be or continue to be the district salmon fishery board for that district.

Election of members

3

Balance between upper and lower proprietors

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-optees

5

but a person shall not be disqualified under this sub-paragraph solely because he is an upper proprietor in that district or has been elected to the board of that district as a representative of upper proprietors.

Part II — Membership

6

but a committee shall not fail to be a district salmon fishery board only by reason that no persons or not enough persons have been co-opted in accordance with this paragraph if—

SCHEDULE 3

1

Subject to the provisions of this Schedule, a transitional district board within the meaning of section 14(8) of this Act shall be deemed to be a district salmon fishery board and have the powers and duties of such a board and references to a district salmon fishery board shall, unless the context otherwise requires, include references to a transitional district board.

2
3

The chairman of a transitional district board shall be the proprietor whose salmon fishery or, taken together, fisheries in that district has or have the greatest value entered in the valuation roll.

4

The clerk to a transitional district board shall prepare a new roll of upper and lower proprietors in that district in accordance with section 11 of this Act so as to include in the roll any proprietors who were not proprietors of salmon fisheries in that district immediately before the commencement of section 14 of this Act.

5

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

6

A transitional district board shall cease to be deemed a district salmon fishery board and shall cease to have such powers and duties on the expiry of—

whichever is later.

7

At any time within the periods specified in paragraph 6 above, the clerk to a transitional district board shall, on the instructions of the board,—

8

Notwithstanding paragraph 6 above, a transitional district board shall cease to be deemed a district salmon fishery board and shall cease to have the powers and duties of a transitional district board on the election in accordance with Schedule 2 to this Act of a committee of an association of proprietors within the meaning of section 14 of this Act.

9

The assets and liabilities of a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868 shall be transferred to the transitional district board for that district and, likewise, the assets and liabilities of a transitional district board shall be transferred to the district salmon fishery board for that district whenever such a board is elected.

SCHEDULE 4

Salmon Fisheries (Scotland) Act 1868 (c. 123.)

1

After section 1 of the Salmon Fisheries (Scotland) Act 1868 there shall be inserted the following section—

(1A) In this Act, unless the context otherwise requires the expressions “board” or “district salmon fishery board”, “district” or “salmon fishery district”, “fishery”, “proprietor”, “salmon” and “river” shall have the meanings ascribed to them in section 40(1) of the Salmon Act 1986 (interpretation).

.

2

In section 11 of that Act (application to streams not frequented by salmon), for the words “mill dams” there shall be substituted the words “ dams, including mill dams ”.

3
4

In the said section 19, for the word “wilfully” there shall be substituted the word “ knowingly ”.

5

In section 41 of that Act (extent), the words from “and Schedule G” to “Schedule” shall be omitted.

Diseases of Fish Act 1937 (c.33)

6

In subsection (3) of section 8 of the Diseases of Fish Act 1937 (penalties and legal proceedings) for the words after “be” there shall be substituted the words “ proceeded against and punished in Scotland ”.

Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26)

7

In section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (prohibition of poaching), for the words “low water mark” there shall be substituted the words “ mean low water springs ”.

8

Section 9 of that Act (saving for acts done for scientific and other purposes) shall be renumbered as subsection (1) of that section and—

(2) This section does not apply to an act relating to salmon.

.

9

In section 15(1)(c) of that Act (power of Secretary of State to conduct inquiries and to obtain information), the words from “so as to show” to the end of that subsection shall be omitted.

10

In section 19(2) of that Act (forfeitures) the words “on indictment” shall be omitted.

11

In section 22 of that Act (provisions as to River Tweed), for the reference to the Board of Commissioners of the River Tweed there shall be substituted a reference to the council constituted under section 6 of the Tweed Fisheries Act 1969.

12

In section 24 of that Act (interpretation), for the entries relating to “District” and “District Board” there shall be substituted the following entries—

“District” and “Salmon Fishery District” shall be deemed to include the River Tweed; “District Board” and “District Salmon Fishery Board” shall include the council constituted under section 6 of the Tweed Fisheries Act 1969;

.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

13

In section 39 of the Salmon and Freshwater Fisheries Act 1975 (Border rivers and Solway Firth), after subsection (4) there shall be added the following subsection—

(5) Nothing in this section shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act.

.

14

In section 43(3) of that Act (Scottish extent), for the words “and (4)” there shall be substituted the words “ (4) and (5) ”.

Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22)

15

(8A) In the Salmon Act 1986, regulations made under section 3(2)(a) or (d) (general regulations).

.

SCHEDULE 5

Designation orders.

Estuary limits.

10A

if they consider that it is necessary or expedient to do so for the conservation of salmon.

10B
10C

any provision of any regulations made under section 10A of this Act, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

10D
10E

Sections 10A to 10D of this Act shall apply to so much of the River Esk, including its banks and tributary streams, as is situated in Scotland; and, for the purpose of section 10A(1) of this Act, section 6(4) of this Act shall be deemed to apply to the River Esk, its banks and tributary streams.

Unauthorised introduction of salmon or salmon eggs into certain waters.

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

Interpretation.

Editorial notes

[^c11886551]: Act apart from s. 21 in force at 07.01.1987 see s. 43; Act wholly in force 01.01.1993 by S.I. 1992/1973.

[^c11886561]: Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c11886581]: S. 1: power previously exercised by S.I. 1988/994, 1989/1869, 1990/324

[^c11886591]: S. 1(2): s. 1(2) (with s. 2) power exercised by S.I.1991/2271

[^c11886601]: 1951 c. 26.

[^c11886621]: S. 2: power previously exercised by S.I. 1988/994, 1989/1869, 1990/324

[^c11886631]: S. 2: s. 1(2) (with s. 2) power exercised by S.I.1991/2271

[^c11886641]: 1862 c. 97.

[^c11886651]: 1951 c. 26.

[^c11886661]: 1868 c. 123.

[^c11886671]: 1862 c. 97.

[^c11886681]: S. 4 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c11886691]: 1868 c. 123.

[^c11886741]: S. 6: power previously exercised by S.I. 1989/1363, 1989/1499, 1990/1854, 1990/2020

[^c11886751]: 1862 c. 97.

[^c11886761]: 1868 c. 123.

[^c11886771]: S. 6(3): s. 6(3) power exercised by S.I.1991/2115

[^c11886781]: 1862 c. 97.

[^c11886791]: 1868 c. 123.

[^c11886801]: 1868 c. 123.

[^c11886811]: 1862 c. 97.

[^c11886821]: 1951 c. 26.

[^c11886831]: 1951 c. 26.

[^c11886841]: 1862 c. 97.

[^c11886851]: 1868 c. 123.

[^c11886861]: 1859 c. lxx.

[^c11886871]: 1857 c. cxlviii.

[^c11886881]: Ss. 10A-10E inserted (S.) (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2

[^c11886891]: Ss. 10A-10E inserted (S.) (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2

[^c11886901]: Ss. 10A-10E inserted (S.) (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2

[^c11886911]: Ss. 10A-10E inserted (S.) (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2

[^c11886921]: Ss. 10A-10E inserted (S.) (15.4.2001) by 2001 asp 3, s. 1; S.S.I. 2001/116, art. 2

[^c11886931]: 1862 c. 97.

[^c11886941]: 1907 c. 51.

[^c11886951]: 1862 c. 97.

[^c11886961]: Words in s. 19 inserted (S.) (15.4.2001) by 2001 asp 3, s. 2; S.S.I. 2001/116, art. 2

[^c11886971]: 1982 c. 45.

[^c11886981]: 1951 c. 26.

[^c11886991]: S. 21 wholly in force at 1.1.1993 see s. 43(2) and S.I. 1992/1973, art. 2.

[^c11887001]: 1951 c. 26.

[^c11887011]: 1859 c. cxlviii.

[^c11887021]: 1868 c. 123.

[^c11887031]: 1951 c. 26.

[^c11887051]: 1951 c. 26.

[^c11887061]: 1975 c. 51.

[^c11887071]: S. 27 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 11(4)(5)

[^c11887081]: S. 28 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 11(4)(5)

[^c11887091]: 1857 c. cxlviii.

[^c11887101]: 1859 c. lxx.

[^c11887111]: 1868 c. 123.

[^c11887121]: 1951 c. 26.

[^c11887131]: 1868 c. 123.

[^c11887141]: 1975 c. 51.

[^c11887151]: 1975 c. 51.

[^c11887161]: S. 33(3) repealed (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.I.

[^c11887171]: 1975 c. 51.

[^c11887181]: 1937 c. 33.

[^c11887191]: 1975 c. 51.

[^c11887271]: S. 39(3) amended by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 9(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

[^c11887281]: 1973 c. 65.

[^c11887291]: 1862 c. 97.

[^c11887301]: 1951 c. 26.

[^c11887311]: 1969 c. xxiv.

[^c11887321]: 1975 c. 30.

[^c11887331]: 1862 c. 97.

[^c11887341]: 1864 c. 118.

[^c11887351]: 1868 c. 123.

[^c11887361]: 1868 c. 123.

[^c11887371]: 1863 c. 50.

[^c11887381]: S. 43(2) power fully exercised (17.8.1992): 1.1.1993 appointed for s. 21 by S.I. 1992/1973, art. 2.

[^c11887391]: 1975 c. 51.

[^c11887401]: Sch. 2 paras. 3(1)(2)(2A) substituted for Sch. 2 paras. 3(1)(2) (3.5.1999) by S.I. 1999/1111, art. 2(2)(a)

[^c11887411]: Sch. 2 para. 4 deleted (3.5.1999) by S.I. 1999/1111, art. 2(2)(b)

[^c11887421]: Sch. 2 para. 4 deleted (3.5.1999) by S.I. 1999/1111, art. 2(3)

[^c11887431]: Sch. 2 para. 5(1) substituted (3.5.1999) by S.I. 1999/1111, art. 2(4)

[^c11887441]: Sch. 2 para. 6(1) substituted (3.5.1999) by S.I. 1999/1111, art. 2(5)(a)

[^c11887451]: Words in Sch. 2 para. 6(2) substituted (3.5.1999) by S.I. 1999/1111, art. 2(5)(b)

[^c11887461]: Sch. 2 para. 6(2A) inserted (3.5.1999) by S.I. 1999/1111, art. 2(2)(c)

[^c11887471]: Sch. 2 para. 6(3)(aa) inserted (3.5.1999) by S.I. 1999/1111, art. 2(2)(d)

[^c11887481]: Sch. 2 para. 6(3)(b)(c) substituted (3.5.1999) by S.I. 1999/1111, art. 2(2)(e)

[^c11887491]: Sch. 2 para. 6(3)(i) substituted (3.5.1999) by S.I. 1999/1111, art. 2(2)(f)

[^c11887501]: 1862 c. 97.

[^c11887511]: 1862 c. 97.

[^c11887521]: 1868 c. 123.

[^c11887531]: 1969 c. xxiv.

[^key-4f11f31fa0c6ddf8188a47f80ceb9a5d]: Ss. 1-3 repealed in part (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

[^key-bf92f669eac6f23544ec0f89c505cfd6]: Ss. 5-30 repealed in part (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 Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2

[^key-56c38e5c9eb39a83a02f5f21fc7e52b3]: Sch. 4 paras. 1-5 repealed in part (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

[^key-b82ffdef698d1551d2c2c4bedd8435af]: Sch. 4 paras. 7-10 repealed in part (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

[^key-ccc54495d46db8ca92e5f70f237af22e]: Sch. 4 para. 12 repealed in part (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

[^key-4a3cde86bba175681273ac9791e25224]: Sch. 4 para. 15 repealed in part (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

[^key-8bc1c861ecaf50c8a8bac345f8025072]: Sch. 1 repealed in part (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

[^key-0d4299971f68f624b8c4520a1d43ddae]: Sch. 2 repealed in part (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

[^key-163d02d8a0d0a4b1f13f8e52363c5b13]: Sch. 3 repealed in part (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

[^key-36d43003156236ee212115d34e279532]: Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2

[^key-885055cd505dad8c852b03d6b742cb17]: Words in s. 24(2)(b) omitted (27.3.2009) by virtue of Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 7(a) (with reg. 2.)

[^key-ea87b64f7e4b7ed2c6bb5e1fe87d3058]: S. 38 repealed in part (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 and s. 38 omitted (27.3.2009) by virtue of Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 7(a) (with reg. 2(2))

[^key-9ea77e6e8d10c58485a80d5c865e980b]: Sch. 4 para. 6 omitted (E.W.) (27.3.2009) by virtue of Aquatic Animal Health (England and Wales) Regulations 2009 (S.I. 2009/463), reg. 1(2), Sch. 2 para. 7(b) (with reg. 2(2)) and Sch. 4 para. 6 omitted (S.) (27.3.2009) by virtue of Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), reg. 1(2)(c), sch. 2 para. 7(b) (with reg. 2.)

[^key-be2b3ab78d4cb94bd4cc9a02caf2c47c]: Word in s. 32 substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(2), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-738d832e9df499c35e8171bd4bd62658]: Words in s. 32(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(3)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-0c36300d34bdc94340d1fbdeacfc191b]: Words in s. 32(1) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-d145a2a707ce94e3b38c8408869959c7]: S. 32(1A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-997a8b7ddd03569d7f5dbfa8f7c7be1c]: Words in s. 32(2) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-e503e6eded48fc25e4767e3a2b3e95c8]: Words in s. 32(2)(a) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-bff94a948833e50e2cc9d0e07925bffc]: Words in s. 32(2)(a) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-6e78659615f39bea35b2d1b2463e1ba6]: Words in s. 32(2)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-822bcb87f6c06163cf2b34ce53646c2e]: Words in s. 32(2)(b) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(5)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-96a7329dca9f171128fc7282ca7c448f]: Word in s. 32(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(6), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-9ce8da3506da90f0f7ad32727b3945a8]: Words in s. 32(4) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(7), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-3aa719cac5219b076d761c26ee4fa7e8]: Words in s. 32(5)(a) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(8)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-17040c3279fa15a75438207a4c1aebcb]: Words in s. 32(5)(b) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(8)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-d1b8676e5b6865403d544d0bd4f868a0]: S. 32(6)(a) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 16 para. 19, Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 15(i), 27(b)

[^key-60cc281b934b4a420b9aa614205fd530]: Words in s. 32(7) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-b11ced39e021946ec791e9edcf2badcc]: Words in s. 32(7) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-428c87b82bcc614bcd4de7f49888e37f]: Words in s. 32(7) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-99d29387dc2ef0438a8385d3666ed7e8]: Words in s. 32(7) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(9)(d), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-9addbeab86eae351360a31ee6ca68823]: S. 32(8) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(10), 324(3); S.I. 2009/3345, art. 2, Sch. para. 14

[^key-ff329306493af1caf212464d27fc16a7]: Words in s. 32(1) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 229(3)(c), 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 14, 27(b)

[^key-151ecad817ee4ecb448428bde06ddfc3]: S. 33(1)(2) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)

[^key-8e0df6597c8c11e3ec0a9898119ae437]: S. 37 repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))