Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

• (5) This section is subject to section 56 of this Act.

Defences

61

• (1) Subsection (2) applies where in accordance with a provision mentioned in subsection (3) it is a defence for a person charged with an offence to prove a particular matter.

• (2) If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

• (3) The provisions in respect of which subsection (2) applies are sections 16, 19, 20 and 30 of this Act.

Jurisdiction in respect of offences committed on sea coast or at sea

62

Any offence committed under this Act on the sea coast, or at sea beyond the ordinary jurisdiction of any sheriff or justices of the peace, shall be held to have been committed within the body of any sheriffdom abutting on such sea coast, or adjoining such sea, and may be tried and punished accordingly.

Disqualification of justices

63

No justice of the peace shall be entitled to hear any case in respect of an offence committed on that justice’s own fishery.

Part 6 — Miscellaneous

Power of Scottish Ministers to conduct inquiries and to obtain information

64

• (1) For the purpose of protecting and developing stocks of salmon and trout the Scottish Ministers may—

• (za) require a person having rights in a salmon fishery or freshwater fishery to provide the Scottish Ministers with such information relating to the fishery as they may reasonably request;

• (a) conduct inquiries and investigations into questions of practical or scientific importance to salmon and freshwater fisheries, and for such purpose enter on and conduct such operations as may be necessary in any fishery...

• (b) to make orders requiring any proprietor or occupier of a salmon fishery to furnish them with such statistics relating to salmon or to fishing for salmon as they may specify, in such form and at such times as they may specify; and they may make different provision for different cases, including different provision in relation to different persons, circumstances or areas; and

• (c) publish such statistics in such manner as they think fit.

• (2) Any person having rights in a salmon fishery or freshwater fishery who wilfully refuses to comply with any requirement made in pursuance of this section, or makes any statement in relation to such a requirement which is false in a material particular, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) In this section, a “person having rights in a salmon fishery or freshwater fishery” means—

• (a) a proprietor of a salmon fishery;

• (b) an occupier of such a fishery;

• (c) an owner of land to which a right of fishing for freshwater fish pertains; or

• (d) an occupier of such a right.

• (3) The power under this section to make orders shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Additional powers in respect of licensing and regulation of salmon dealing

65

• (1) Without prejudice to the generality of section 44 of the Civic Government (Scotland) Act 1982 (c. 45) (power to designate additional activities as subject to licensing and regulation) an order as respects dealing in salmon made under that section may—

• (a) define dealing in salmon and so define it as to—

• (i) include such acts preparatory to or connected with dealing in salmon;

• (ii) exclude dealing in such class or classes of salmon,

as may be specified in the order;

• (b) provide that the offence under section 7(1) of that Act (doing anything for which a licence is required without having one) shall be punishable—

• (i) on summary conviction, by imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum or both;

• (ii) on conviction on indictment, by imprisonment for a term not exceeding two years, or a fine or both;

• (c) provide that it shall be an offence for any person, other than a person holding a salmon dealer’s licence, to buy salmon from or sell salmon to a person not having such a licence;

• (d) provide that the offences under the said section 7(1) and any provision under paragraph (c) above shall be subject to such exceptions as may be specified in the order;

• (e) provide that a licence shall be required only for such class or classes of dealing in salmon and dealing in such class or classes of salmon as may be specified in the order;

• (f) provide as to the exercise of powers of entry and search by water bailiffs,

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.

• (2) The Scottish Ministers shall have power by order to prescribe the fees, or the maximum amounts of the fees, which the licensing authority may determine and charge under sub-paragraph (1) of paragraph 15 of Schedule 1 to the said Act of 1982 in respect of the licensing of dealing in salmon; and in that respect the licensing authority’s powers under that paragraph shall be subject to the provisions of any such order.

Application of Leases Act 1449

66

• (1) Notwithstanding any rule of law to the contrary, any contract entered into in writing for a consideration and for a period of not less than a year whereby an owner of land to which a right of fishing for freshwater fish in any inland waters pertains or the occupier of such a right authorises another person to so fish shall be deemed to be a lease to which the Leases Act 1449 (c. 6) applies, and the right of fishing so authorised shall, for the purposes of succession to that right, be deemed to be heritable property.

• (2) For the purposes of this section “inland waters” does not include the tidal parts of rivers.

Part 7 — General

Application of this Act to the Crown

67

• (1) This Act binds the Crown and applies in relation to Crown land as it applies in relation to any other land.

• (2) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

• (3) But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (4) Despite subsection (2), any provision made by or under the provisions of this Act applies to persons in the public service of the Crown as it applies to other persons.

• (5) For the purposes of subsection (1), “Crown land” means land an interest in which—

• (a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

• (b) belongs to an office-holder in the Scottish Administration or a Government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department.

• (6) The powers conferred by sections 54(1), 64(1)(a) and 64A(1)(c) are exercisable in relation to land an interest in which belongs to Her Majesty in right of Her private estates only with the consent of a person appointed by Her Majesty under the Royal Sign Manual or, if no such appointment is made, by the Scottish Ministers.

• (7) In this section—

• (a) references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

• (b) “Government department” means a department of the United Kingdom government.

• (8) For the purposes of this section, “land” includes salmon fisheries.

Orders and regulations

68

• (1) Any power of the Scottish Ministers to make an order or regulations under this Act shall be exercised by statutory instrument.

• (2) Subject to subsections (3) and (4) below, a statutory instrument containing any order or regulations under this Act shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (3) Subsection (2) above does not apply to regulations or orders under sections—

• (a) 33(1) (specific prohibitions of baits and lures);

• (b) 34(2) (designation orders);

• (c) 34(3) (orders ancillary to designation orders);

• (d) 36(3) (estuary limits orders);

• (e) 36(5) (orders ancillary to estuary limits orders);

• (f) 37(3) (annual close time orders);

• (g) 40(8) (division between upper and lower proprietors);

• (h) 48(1) (protection orders);

• (i) 71(2) (commencement orders),

of this Act.

• (4) No regulations are to be made under subsection (1) of section 21A of this Act that make modifications such as are mentioned in subsection (3)(c) of that section, or under section 31(4)(c) of this Act and no order is to be made under section 46F(1) of this Act, unless a draft has been laid before, and approved by resolution of, the Parliament.

Interpretation

69

• (1) In this Act, unless the context otherwise requires—

• “the 1862 Act” means the Salmon Fisheries (Scotland) Act 1862 (c. 97);

• “the 1864 Act” means the Salmon Fisheries (Scotland) Act 1864 (c. 118);

• “the 1868 Act” means the Salmon Fisheries (Scotland) Act 1868 (c. 123);

• “the 1862 to 1868 Acts” means the 1862 Act, the 1864 Act and the 1868 Act;

• “the 1986 Act” means the Salmon Act 1986 (c. 62);

• “annual close time for salmon” has the meaning given in section 37(1) of this Act;

• “annual close time for trout” has the meaning given in section 17 of this Act;

• “assessor” means an assessor appointed under section 27 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “bag net, fly or other stake net” shall be construed in accordance with any regulations made under section 31(4) of this Act;

• “boat” includes any craft or vessel used in fishing;

• “certificated fixed engine” has the meaning given in section 1(5)(a) of this Act;

• “coastal limits” means the limits of sea coast fixed for a salmon fishery district either prior to the coming into force of this Act or by an order under section 34(2) of this Act;

• “cruive” shall be construed in accordance with any regulations made under section 31(1)(b) of this Act;

• “dam” means any weir, dam, dyke, cauld, mill dam or other structure constructed in the bed of any stream, river or loch for the purpose of controlling, impounding or diverting water therefrom;

• “designation order” has the meaning given in section 34(2) of this Act;

• “district” means a salmon fishery district;

• “district salmon fishery board” has the meaning given in section 43 of this Act;

• “enactment” includes any Act of Parliament or Act of the Scottish Parliament, and any subordinate legislation made under either of such Acts;

• “estuary limits” has the meaning given in section 36 of this Act;

• “fish farm” has the same meaning as in section 41(1) of the Salmon and Freshwater Fisheries Act 1975 (c. 51);

• “fishery” and “salmon fishery” mean a salmon fishery in any river or estuary or in the sea;

• “fixed engine” means any engine, net or trap used for the taking of salmon, other than a sweep net which when in use is hauled through the water continuously and is not allowed to be stationary in the water or to drift with the current;

• “freshwater fish” means any fish living in fresh water, including trout and eels and the fry of eels but exclusive of salmon and of any kind of fish which migrate between the open sea and tidal waters;

• “haaf net” shall be construed in accordance with any regulations made under section 31(4) of this Act;

• “inland waters” includes all rivers above estuary limits and their tributary streams, and all waters, watercourses and lochs whether natural or artificial which drain or drain to some extent into the sea;

• “lade” includes any artificial channel through which water is diverted from any inland water in which salmon or trout are present;

• “land” includes land covered by water;

• “net and coble” shall be construed in accordance with any regulations made under section 31(4) of this Act;

• “package” includes any box, basket, barrel, case, receptacle, sack, bag, container, wrapper or other thing in which salmon or trout is placed for the purpose of carriage, consignment or exportation;

• “pointing” means the action of using the point of the rod as a means of hooking a fish;

• “prescribed area”, in relation to protection orders, has the meaning given in section 48 of this Act;

• “proprietor” means, subject to subsection (3) below, any person, partnership, company or corporation which is the proprietor of a salmon fishery or which receives or is entitled to receive the rents of such fishery on its own account or as trustee, guardian or factor for any person, company or corporation; and “qualified proprietor” has the meaning given in section 40 of this Act;

• “river” includes tributaries and any loch from or through which any river flows;

• “rod and line” has the meaning given in section 4 of this Act;

• “salmon” means all fish of the species Salmo salar and migratory fish of the species Salmo trutta and commonly known as salmon and sea trout respectively or any part of any such fish;

• “salmon fishery district” has the meaning given in section 34(1) of this Act, and “district” shall be construed accordingly;

• “subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act of Parliament or Act of the Scottish Parliament;

• “tenant netsman” means a person in possession of a right, under a lease or sub-lease, of fishing for salmon with nets;

• “the Solway” means the waters to the east of a line from the Mull of Galloway to Hodbarrow Point, so far as any of them lie within Scotland;

• “trout” means non-migratory trout of the species Salmo trutta living in fresh water or in estuaries;

• “valuation roll” means a roll made up under section 28(1) of the Local Government etc. (Scotland) Act 1994 (c. 39) or, in relation to the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles, under section 1 of the Local Government (Scotland) Act 1975 (c. 30);

• “vehicle” means any conveyance other than a vehicle used for the purposes of a public passenger transport service within the meaning of the Transport Act 1985 (c. 67); and

• “water bailiff” means any person appointed as such by—a district salmon fishery board under section 45(3)(b); orby the Scottish Ministers under section 55(5),of this Act.

• (2) References to an occupier of a right of fishing for freshwater fish are references to a person who is in possession of that right as tenant under a lease of land to which such a right pertains or under a contract which by virtue of section 66 of this Act is deemed to be a lease and, for the purposes of this subsection “tenant” and “lease” include “subtenant” and “sublease” respectively.

• (3) In this Act, “proprietor” includes not more than one person authorised by—

• (a) in the case of a fishery in which more than one person has a pro indiviso share, such persons; or

• (b) in the case of a fishery in which the rights to that fishery are shared by more than one person in any other way, such persons;

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

Consequential amendments, repeals and revocations

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• (1) The Acts mentioned in Part 1 of schedule 4 to this Act shall have effect subject to the amendments mentioned in that Part, being amendments consequential upon the provisions of this Act.

• (2) The enactments mentioned in the first column of Part 2 of schedule 4 to this Act are repealed or revoked to the extent mentioned in the second column of that Part, except in so far as they apply to the River Tweed or the Upper Esk.

Short title, commencement and extent

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• (1) This Act may be cited as the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.

• (2) This Act (except this section) shall come into force on such date as the Scottish Ministers may by order made by statutory instrument appoint.

• (3) This Act does not apply to the River Tweed.

• (4) This Act does not apply to the Upper Esk.

• (5) Section 6 of this Act does not apply to the Lower Esk.

• (6) For the purposes of this section and section 70 of this Act—

• “River Tweed” and “River Esk” have the same meaning as in section 111 of the Scotland Act 1998 (c. 46);

• “Upper Esk” means that part of the River Esk lying upstream of a line drawn from a point at grid reference NY 3245 6632 on the western bank of the River Sark in a southerly direction to a point at grid reference NY 3245 6503 on the coast of Cumbria; and

• “Lower Esk” means that part of the River Esk lying downstream of the line drawn from a point at grid reference NY 3245 6632 on the western bank of the River Sark in a southerly direction to a point at grid reference NY 3245 6503 on the coast of Cumbria.

SCHEDULE 1

Designation orders

1

The Scottish Ministers may make a designation order only on an application to them by—

• (a) a district salmon fishery board for a district which would be affected by the proposed order;

• (b) where there is no such board, two proprietors of salmon fisheries in the area which would be affected by the proposed order; or

• (c) any number of or combination of such boards or such proprietors in the area which would be affected by the proposed order,

but the Scottish Ministers 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—

• (a) the area which it is proposed should be designated as a salmon fishery district;

• (b) the salmon fishery district or districts which are, at the time of the application, contained wholly or partly within that area;

• (c) the reasons for the creation of the proposed salmon fishery district;

• (d) the proposed dates of the annual close time and the periods within which it shall be permitted to fish for and take salmon by rod and line in the proposed district; and

• (e) the general effect of the proposals.

Estuary limits orders

3

The Scottish Ministers may make an estuary limits order only on application to them by—

• (a) the district salmon fishery board for the district in which the river is situated; or

• (b) where there is no such board, two proprietors of salmon fisheries in that district.

4

An application under paragraph 3 above shall be accompanied by the applicant’s written proposals which shall state—

• (a) the proposed estuary limits; and

• (b) the general effect of the proposals.

Annual close time orders

5

The Scottish Ministers may make an annual close time order in respect of a salmon fishery district only on application to them by—

• (a) the district salmon fishery board for that district; or

• (b) where there is no such board, two proprietors of salmon fisheries in that district.

6

An application under paragraph 5 above shall be accompanied by the applicant’s written proposals which shall state—

• (a) the proposed dates of the annual close time and the periods within that time when it shall be permitted to fish for and take salmon by rod and line in the district; and

• (b) the general effect of the proposals,

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

Salmon conservation regulations

7

The Scottish Ministers may make regulations under section 38 of this Act either—

• (a) on an application to them by—

• (i) any district salmon fishery board; or

• (ii) where there is no such board in a salmon fishery district, two proprietors of salmon fisheries in that district; or

• (b) otherwise.

8

An application under paragraph 7(a) above shall be in writing and shall contain the applicant’s proposals, including—

• (a) a general description of the proposals;

• (b) a statement as to why the applicant considers that the proposals are necessary or expedient; and

• (c) a statement as to the general effect of the proposals.

9

In the application of paragraphs 10 to 15 below to regulations under section 38 of this Act made under paragraph 7(b) above—

• (a) references to an applicant and to an application shall be omitted;

• (aa) references to proposals shall be construed as the proposals of the Scottish Ministers in relation to the proposed regulations in question;

• (b) the reference in paragraph 10 to the persons who shall be consulted shall be construed as including, in particular, such district salmon fishery boards as the Scottish Ministers consider appropriate; and

• (c) paragraph 11(3) shall be omitted.

Common provisions with respect to orders

10

On receiving an application under paragraph 1, 3, 5 or 7 above, the Scottish Ministers shall consult such persons as they consider appropriate and may—

• (a) request from the applicant such additional information as they think fit;

• (b) dismiss the application;

• (c) proceed in accordance with the remaining provisions of this schedule.

11

• (1) Before making an order or, as the case may be, regulations, the Scottish Ministers shall direct that notice of the general effect of the proposals shall be given, specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposals may be made.

• (2) Notice shall be given at least once in each of two successive weeks by advertising in a newspaper circulating in the district or districts affected by the proposals.

• (3) The cost of giving notice shall be met by the applicant under paragraph 1, 3 or 5 above.

12

At any time, the Scottish Ministers may alter the proposals in such way as they think fit and shall consider whether such alterations are sufficient to require—

• (a) further consultation as mentioned in paragraph 10 above; and

• (b) further notice to be given under paragraph 11 above.

Making of designation, annual close time or estuary limits order or salmon conservation regulations

13

If no representations or objections are duly made, or if all so made are withdrawn, the Scottish Ministers may make an order or, as the case may be, regulations.

14

• (1) If any representation or objection duly made is not withdrawn, the Scottish Ministers may, after considering the same—

• (a) make an order or, as the case may be, regulations;

• (b) dismiss the application; or

• (c) cause a local inquiry to be held.

• (2) Where they decide to proceed under sub-paragraph (1)(c) above, the Scottish Ministers shall appoint a person to hold the inquiry and to report thereon to them.

• (3) Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has duly made and has not withdrawn representations about or objections to the proposals, and shall be published at least once in each of two successive weeks in a newspaper circulating in the district or districts affected by the proposals.

• (4) The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

• (5) The Scottish Ministers may make orders as to the expenses incurred by them in relation to the inquiry (including such reasonable sum as they may determine for the services of the person appointed to hold the inquiry) and as to the expenses incurred by the parties to the inquiry and as to the parties by whom such expenses shall be paid.

• (6) Any order of the Scottish Ministers under sub-paragraph (5) above requiring any party to pay expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

15

After considering the report of the person appointed to hold the inquiry in pursuance of paragraph 14 above and any representations or objections which were duly made, the Scottish Ministers may make an order or, as the case may be, regulations.

16

Applications under this schedule may be communicated and stored electronically.

SCHEDULE 2

Part 1 — Meeting of qualified proprietors

Calling of meeting

1

• (1) Where there is no district salmon fishery board for a district, the sheriff shall, on the application of two qualified proprietors of salmon fisheries in the district—

• (a) make up a roll of upper and lower proprietors in the district to which the application relates;

• (b) call a meeting of these proprietors, at such time and place as the sheriff may direct, for the purpose of forming an association of proprietors of salmon fisheries for that district and electing a committee to become the district salmon fishery board for that district; and

• (c) give notice at least once in each of two successive weeks by advertising in a newspaper circulating in the district of the date, time and place of that meeting.

• (3) Where proposals for a designation order have been considered by the Scottish Ministers, in accordance with schedule 1 to this Act, and they consider that a designation order should be made—

• (a) the clerk or, acting jointly, the clerks to the district salmon fishery boards for any district or districts which would be superseded by the proposed designation order shall perform, in respect of the proposed district, the duties specified in sub-paragraph (1) above; or

• (b) where there is no district salmon fishery board for any district which would be superseded by the proposed designation order, the sheriff shall perform the duties specified in sub-paragraph (1) above on the application of two proprietors of salmon fisheries in the proposed district,

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

• (4) Where the salmon fishery district lies in more than one sheriffdom, the sheriff in whose jurisdiction lies the major part of that district may, for the purposes of this schedule, perform the duties specified in sub-paragraph (1) above in an adjacent sheriffdom.

• (5) The sheriff may recover from the committee formed in accordance with this schedule all expenses incurred by the sheriff in the performance of the sheriff’s duties under this paragraph, whether or not that committee becomes a district salmon fishery board, but if it does become such a board, these expenses may be met out of the fishery assessment.

2

• (1) At a meeting of proprietors called—

• (a) by the sheriff under paragraph 1 above; or

• (b) by the clerk to a board in accordance with section 47(1) of this Act,

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

• (2) If—

• (a) the membership of that committee is in accordance with Part 2 of this schedule; and

• (b) the requirements of this Part as respects eligibility are met,

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

• (3) Membership of such a committee, whether or not it is a district salmon fishery board, shall not affect eligibility for membership of any other such committee or board.

Election of members

3

• (1) In accordance with the following provisions of this Part of this schedule, representatives of qualified proprietors shall be elected by—

• (a) the upper proprietors from amongst themselves; and

• (b) the lower proprietors from amongst themselves.

• (2) At least one representative shall be elected from amongst upper proprietors and at least one representative shall be elected from amongst lower proprietors, but an election under this paragraph shall not be held invalid if either—

• (a) there is no upper or, as the case may be, lower proprietor present; or

• (b) there is no upper or, as the case may be, lower proprietor willing to be elected.

• (3) The total number of representatives of qualified proprietors shall be at least three.

• (4) A qualified proprietor shall have, in respect of each fishery that person owns within the district, one vote in an election under this paragraph and shall have one additional vote for each £5,000 or part thereof by which the value of that fishery as entered in the valuation roll exceeds £5,000 but, subject to sub-paragraph (5) below, no proprietor shall have more than four votes in total as respects each fishery.

• (5) A person who is both an upper and a lower proprietor by virtue of section 40(5) of this Act shall count as both an upper and as a lower proprietor for the purposes of this paragraph and may both vote and be elected in each capacity.

Co-optees

4

• (1) In the co-opting of representatives of salmon anglers and of tenant netsmen under Part 2 below, the number of representatives of salmon anglers and tenant netsmen together shall be less than the number of elected representatives of qualified proprietors.

• (2) A person who is both an upper and a lower proprietor by virtue of section 40(5) of this Act shall be counted in each capacity for the purposes of sub-paragraph (1) above.

• (3) A representative of salmon anglers shall be a person whom the board consider to be representative of persons angling for salmon in the district but who is not an upper proprietor in that district.

• (4) Before co-opting a person as a representative of salmon anglers, the board shall consult such organisations representing salmon anglers in the district as they think fit; but this requirement shall not apply to the filling of a vacancy in accordance with section 47(5) of this Act.

• (5) A representative of tenant netsmen shall be—

• (a) a tenant netsman in the district who is not a lower proprietor in that district;

• (b) a tenant netsman in the district who is a lower proprietor in that district if—

• (i) there are insufficient tenant netsmen who are qualified or willing to be co-opted and who are not also lower proprietors in that district; and

• (ii) that person has not been elected to the board of that district as a representative of lower proprietors or as convener; or

• (c) a lower proprietor in the district who is not a tenant netsman in that district if—

• (i) there are insufficient tenant netsmen qualified or willing to be co-opted, whether or not they are also lower proprietors in that district; and

• (ii) that person has not been elected to the board of that district as a representative of lower proprietors or as convener,

but a person shall not be disqualified under this sub-paragraph solely by reason of being an upper proprietor in that district or of having been elected to the board of that district as a representative of upper proprietors.

Part 2 — Membership

5

• (1) The members of the committee shall be members of a district salmon fishery board if the committee consists of not fewer than three elected representatives of qualified proprietors in the district.

• (2) As soon after their election as is practicable, the elected representatives of qualified proprietors shall, in accordance with the provisions of this schedule co-opt representatives of salmon anglers and tenant netsmen in the district as required by section 45(2) of this Act.

• (3) As soon after such co-option as is practicable, the elected representatives of qualified proprietors and the co-opted representatives shall elect, from among the representatives of qualified proprietors, a convener.

• (4) The members of a district salmon fishery board shall be—

• (a) the persons mentioned in sub-paragraph (1) above;

• (b) the convener elected in accordance with sub-paragraph (3) above;

• (c) at least one co-opted representative of salmon anglers in the district; and

• (d) at least one co-opted representative of tenant netsmen in the district,

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—

• (i) there are no salmon anglers or no tenant netsmen in the district; or

• (ii) no persons or not enough persons are willing to be co-opted.

SCHEDULE 3

Making of protection order

1

Before the Scottish Ministers make a protection order they shall require a person from whom they have received proposals under section 48(3)(a) of this Act to give notice in such form as they may direct—

• (a) stating the general effect of those proposals;

• (b) naming a place or places where a copy of the proposals and any map accompanying the proposals may be inspected free of charge at all reasonable hours; and

• (c) specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposals may be made.

2

The notice to be given under paragraph 1 above shall be given by publication ...and in such number of such newspapers as the Scottish Ministers may direct.

3

The Scottish Ministers may direct that, in addition to publication of the notice as required by paragraph 2 above, a copy or copies of it shall be affixed by a person duly authorised in writing by them to some conspicuous object or objects on the banks of any waters to which the proposals relate or of such other waters as they may direct and at such number of places as they may direct.

4

If no representations or objections are duly made, or if any so made are withdrawn, the Scottish Ministers may make a protection order.

5

• (1) If any representation or objection duly made is not withdrawn, the Scottish Ministers may, after considering the same, forthwith make a protection order or may cause a local inquiry to be held.

• (2) The Scottish Ministers shall appoint a person to hold the inquiry and to report thereon to them.

• (3) Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has duly made and has not withdrawn representations or objections to the proposals, and shall be published in such newspaper or newspapers as the Scottish Ministers may direct.

• (4) The person appointed to hold the inquiry may, on the motion of any party thereto or on that person’s own motion, serve a notice in writing on any person requiring that person to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in that person’s custody or under that person’s control which relate to any matter in question at the inquiry:

Provided that—

• (i) no person shall be required in obedience to such a notice to attend at any place which is more than 16 kilometres from the place where that person resides unless the necessary expenses are paid or tendered to that person; and

• (ii) nothing in this sub-paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which that person would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

• (5) The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

• (6) Any person who refuses or wilfully neglects to attend in obedience to a notice under sub-paragraph (4) above or to give evidence or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book or document which that person may be required to produce by such a notice shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding 3 months.

• (7) The Scottish Ministers may make orders as to the expenses incurred by them in relation to the inquiry (including such reasonable sum as they may determine for the services of the person appointed to hold the inquiry) and as to the expenses incurred by the parties to the inquiry and as to the parties by whom such expenses shall be paid.

• (8) Any order of the Scottish Ministers under sub-paragraph (7) above requiring any party to pay expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

6

After considering the report of the person appointed to hold the inquiry in pursuance of paragraph 5 above and any representations or objections which were duly made, the Scottish Ministers may make a protection order.

7

As soon as may be after a protection order has been made—

• (a) the Scottish Ministers shall publish the making of the order in the Edinburgh Gazette and in such number of local newspapers circulating in the area to which the order relates as they think fit; and

• (b) a person duly authorised in writing by the Scottish Ministers or a warden shall affix and maintain a copy or copies of the order and such other notice as the Scottish Ministers may consider necessary of the incidence of the order to some conspicuous object or objects, at such places as the Scottish Ministers may direct, on the banks of any waters to which the order relates or elsewhere.

Variation of protection order

8

• (1) Before the Scottish Ministers make an order varying a protection order, they shall by notice make such publication as they think fit of the general effect of the proposed variation and specify a time within which, and the manner in which, representations or objections with respect to the proposed variation may be made.

• (2) The Scottish Ministers may cause a copy or copies of the notice referred to in sub-paragraph (1) above to be affixed by a person duly authorised by them in writing to some conspicuous object or objects on the banks of such waters at such places as the Scottish Ministers may direct.

• (3) If no representations or objections are duly made, or if any so made are withdrawn, the Scottish Ministers may make an order varying the protection order.

• (4) If any representation or objection duly made is not withdrawn, the Scottish Ministers may forthwith make an order or may cause a local inquiry to be held.

• (5) Sub-paragraphs (2) to (8) of paragraph 5 above shall apply in relation to an inquiry under this paragraph as they apply in relation to an inquiry under that paragraph, but as if in sub-paragraph (3) of that paragraph for the word “proposals” there were substituted the words “proposed variation”.

• (6) Paragraph 6 and 7 above shall apply in relation to an order varying a protection order as they apply in relation to a protection order, but as if in paragraph 6 for the reference to paragraph 5 above there were substituted a reference to this paragraph.

Revocation of protection order

9

• (1) Before the Scottish Ministers make an order revoking a protection order, they shallby notice make such publication as they think fit of the general effect of the proposed revocation and specify a time within which, and the manner in which, representations or objections with respect to the proposed revocation may be made.

• (2) The Scottish Ministers may cause a copy or copies of the notice referred to in sub-paragraph (1) above to be affixed by a person duly authorised by them in writing to some conspicuous object or objects on the banks of such waters at such places as the Scottish Ministers may direct.

• (3) If no representations or objections are duly made, or if any so made are withdrawn, the Scottish Ministers may make the order revoking the protection order.

• (4) If any representation or objection duly made is not withdrawn, the Scottish Ministers may forthwith make the order or may cause a local inquiry to be held.

• (5) Sub-paragraphs (2) to (8) of paragraph 5 above shall apply in relation to an inquiry under this paragraph as they apply in relation to an inquiry under that paragraph, but as if in sub-paragraph (3) of that paragraph for the word “proposals” there were substituted the words “ proposed revocation ”.

• (6) Paragraph 6 and 7 above shall apply in relation to an order revoking a protection order as they apply in relation to a protection order, but as if in paragraph 6 for the reference to paragraph 5 above there were substituted a reference to this paragraph.

Publication of orders

10

The Scottish Ministers shall cause to be published each year a list of prescribed areas.

SCHEDULE 4

Part 1 — Consequential amendments

Sea Fish (Conservation) Act 1967 (c. 84)

1

In section 18 (enforcement of orders in relation to salmon and migratory trout) of the Sea Fish (Conservation) Act 1967, for subsection (2) there shall be substituted—

(2) Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district salmon fishery board within the meaning of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), or on landing salmon or migratory trout at a place within such a district as aforesaid, the provisions of sections 52, 53, 54, 55, 57, 58 and 60(3) and (4) of that Act (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Act.

Inshore Fishing (Scotland) Act 1984 (c. 26)

2

• (1) The Inshore Fishing (Scotland) Act 1984 shall be amended as follows.

• (2) In subsection (1) of section 7 (powers of water bailiffs etc.), for the words from “district board” to the end there shall be substituted the words “ district salmon fishery board within the meaning of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) (“the 2003 Act”). ”

• (3) For subsection (2) of section 7 there shall be substituted—

(2) The provisions of sections 52, 53, 54, 55, 57, 58 and 60(3) and (4) of the 2003 Act (which relate to enforcement and forfeiture) shall apply in relation to a contravention of an order referred to in subsection (1) above as they apply in relation to a contravention of that Act.

Water Act 1989 (c. 15)

3

• (1) The Water Act 1989 shall be amended as follows.

• (2) In paragraph 4 of Schedule 17 (minor and consequential amendments) for the words from “section 15” to “Secretary of State” there shall be substituted the words “ section 64 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15) (power of Scottish Ministers ”.

• (3) In the paragraph to be inserted into this Act by paragraph (a) of that paragraph—

• (a) for the word “him” there shall be substituted the word “ them ”; and

• (b) for the word “he”, in each place where it occurs, there shall be substituted the word “ they ”.

Part 2 — Repeals and revocations

Sole proprietor in a salmon fishery district

Designation orders

Qualified proprietors and upper and lower proprietors

Mandatories

Appointment of wardens to secure compliance with protection order

Powers of constables

Prohibition against using explosive and other noxious substances for the destruction or taking of fish

Orders and regulations

Calling of meeting

Removal of boats and nets during annual close time

Editorial notes

[^key-d04bfc18d021dc050d47788188e13ca0]: S. 48 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-02e034fc73f8602323a187dc7348716a]: S. 33 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-c4bf4aff787331a6930f53705b2d7442]: S. 35 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-507961d9d35c8f7489680f1b923d07c8]: S. 37 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-987d4e059fbb23b0fed9c070ce4afce2]: S. 38 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8ab9e9572904ce1bbd55cf03c8e9aaa7]: S. 28 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-c938c78357aa89757c1fb5a7549dffa4]: S. 64 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-e1ce751557336a01e7e1608e45dcb81d]: S. 3 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-dc8675b4a4e9babe32c62af23c3e3de2]: S. 4 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-131c2db0d3ffad53e0c6e8aff600c69d]: S. 17 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-98400751a7413b6228a5f1bf60f76dd5]: S. 24 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-0503af40301c5bce03e6716464d903e7]: S. 30 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-816c4c8ed952bdb76c741dd598edcf2b]: S. 31 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-dc24fb0f777c6d55567d10b6c1321a43]: S. 14 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-55db74affad48a123d46b53e16c4266d]: S. 27 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8558c52b8e7a6964da2e74556ec86395]: S. 36 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-6ab74b611fc80402cf3b67fcf0af577f]: S. 39 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-b1c82d2a597b70759c4dc3eb49e87bcc]: S. 44 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-be9149e3c293e4743652c9ca5ae11d0a]: S. 68 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8a550e0bc325aa481ded33adb36e167f]: S. 8 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8c9e42db6578006409d7116a42303dcd]: S. 69 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-2f562a1ca24842a500ee33e258854212]: S. 34 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-fd446301529ce16eaa6e8c70231e892e]: S. 51 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-72c3904e0d6953053bb0d8068788127c]: S. 1 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-61c999ed46aae74a00a08164ce6e1179]: S. 2 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-42c9fc455eb265da5b75be9ff913b4f3]: S. 5 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8517fcfa0dcf37d27535defb34eba639]: S. 6 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-6bcefc427fea146577b27862e3c8c14b]: S. 7 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f3435fd30a3b82ea161ff94e80dcf543]: S. 9 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-6c480958377fe278bffe60a7e141611a]: S. 10 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-fa46f0e5f471d0e10236379c6197cc30]: S. 11 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-1f2f4f0c12af86396cd0b0ba426adf00]: S. 12 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-21493446223e97921af6529d0fe2ef9a]: S. 13 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-dc84431716cfe216858d43c59aea3b50]: S. 15 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-9b3ddf36fcd4aaeaf69c297d9d6da517]: S. 16 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-4d3ca9662a5f07c71a0ecc1ef081aca8]: S. 18 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f804777bfdd80f2fb39e7bf8c735c3a3]: S. 19 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-bfb32b5bfb3d5720529c88c6d9f59d0d]: S. 20 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-1ffb6939d20f893bb7a47eef6d3330ab]: S. 21 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-687ee5f19bc1a4913f561f6f1d5ce8c0]: S. 22 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f01a5666c457a04f86cb888cd0113ffa]: S. 23 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-56fd90a7b49480220cfe56d6f99f1285]: S. 25 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-b383cec246119f98e9689974f7a97fe9]: S. 26 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-35b0006c13cfbc84f4da9daeba4d38bf]: S. 29 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-91cc769e25facbc96b2d2f42eb7cd0fc]: S. 32 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-5b22b3c195623171430e969bcb4b0ea7]: S. 40 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-59453939d8e25e34bbc58562694489b3]: S. 41 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-3db2fafbe4377d2ae27392e0f1c2e765]: S. 42 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-1b0a2f65af244c95c15e8276e4b2e16d]: S. 43 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-051f2930a3cd90eef0e16705b102f745]: S. 45 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-36888874420cb1e7255672266854d05c]: S. 46 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-43b4de18033b6531ba5cabd0e0a9b384]: S. 47 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-a3db6ebef49763f6b259365878b80388]: S. 49 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-17f5643c8ea386beace83698aefbd009]: S. 50 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-5273bce25890060d4e818192db5367f7]: S. 52 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-36356e39e60c1ccff989e81e6996a422]: S. 53 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-a5f4231819df097608c10deea9b2220f]: S. 54 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-7e87dced2174cf88604ba072ee2652c7]: S. 55 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-1a023662fa414b53d52ac64e7193842b]: S. 56 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-b873f01f2afa5481126681b8a9d665e6]: S. 57 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-888ee45d9399085841f7f41a9ee16a79]: S. 58 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f29f2c44f5decaa218fe104c6d8c0831]: S. 59 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-5c3ac230bfc08c4987d8be40b3cf93ad]: S. 60 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-202ac2cf28b8a25865a21a0a1313998e]: S. 61 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8cba94ed251df28868c32de7bb0bf7bd]: S. 62 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-9b1ef838f54530204df4db7ac50dacec]: S. 63 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-6c03c3e87eeb954895de77e7cd466ab8]: S. 65 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f52eca835f559acbbf370c1e802700d9]: S. 66 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-ffbac76cc851aa3c9195cf4f2f34c49d]: S. 70 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-7c400fe5b4a6af3e695bffcb00fb1542]: Sch. 4 Pt. 2 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-04a0a35d6dbca6c22d8e6628b8133cd6]: Sch. 4 para. 2 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-be847dcb0905fe20481493648b145c91]: Sch. 4 para. 1 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-ce6a2568f42bb3a8df116677187cf289]: Sch. 4 para. 3 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-261bceae602f7b3439fb977e8a0d55f9]: Sch. 1 para. 9 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-078e013ec45e5a69098a4239c8463ab6]: Sch. 3 para. 2 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-31c41169845dce511fd53fc4d2c6e25a]: Sch. 3 para. 8 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-b5da149d6d6c5c08d0a7e85c74228396]: Sch. 3 para. 9 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-cc625390cc4dd6a4be1aeb96f48a5012]: Sch. 1 para. 1 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f7250debc3df33e38fa44b8014c99f51]: Sch. 1 para. 2 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-2cf968767a90b94f43dabf95c9b15d43]: Sch. 1 para. 3 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-943c23f0e85ab5b713512c0e546e9ec3]: Sch. 1 para. 4 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-6b96d0a8331607c2328d0c261f34628d]: Sch. 1 para. 5 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-6d8272c930c93d0dc64ae74166c46d02]: Sch. 1 para. 6 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-966e118d2dc6292f54e7dba0a54bebab]: Sch. 1 para. 7 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-e9f53df0045418d04ed5727595056b04]: Sch. 1 para. 8 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-2ea25c3c0935113b21c40e0486dfcf60]: Sch. 1 para. 10 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-1a9fcabbca6b0035623d300a61b1b864]: Sch. 1 para. 11 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-cbe16add602995d09376ae30d7137aad]: Sch. 1 para. 12 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-83f88661d5d921458ba3086ea8205e83]: Sch. 1 para. 13 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-d3eb0b0c358429b2ce64470135f8a455]: Sch. 1 para. 14 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-9cae36701a59b4c4411e0d5e3a8a480f]: Sch. 1 para. 15 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-396d03dcf609b3fb06baf09a53ca3092]: Sch. 1 para. 16 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-86198d20d7275720dba22a06138d4e7a]: Sch. 2 para. 1 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-24c8e587798ae69fa0dbf5c1d4813455]: Sch. 2 para. 2 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-52652d754eaefdba675a1ecf2e0d35ae]: Sch. 2 para. 3 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-33b4913e3d4ccb42ab98c03e13f4117e]: Sch. 2 para. 4 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-c3b47572871c8a6a6250b7c41adc745d]: Sch. 2 para. 5 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-f4728c96b7ef7ba4d7594e38840e3867]: Sch. 3 para. 1 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-02ea185869d21536206c332f4ef83f7b]: Sch. 3 para. 3 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-16d45ac0da9c185066538936e1918648]: Sch. 3 para. 4 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-8b15b778f1d90f31d690cc0089f53dac]: Sch. 3 para. 5 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-5929eb6069da9c35640596c51bf71911]: Sch. 3 para. 6 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-74074cab739ac9bacb3153d36a970b0b]: Sch. 3 para. 7 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-9eaf783dc6ed74c5e7462be257a6d93b]: Sch. 3 para. 10 in force at 1.4.2005 by S.S.I. 2005/174, art. 2

[^key-a41874c5f04bfa43f6aa8cfbfd62b232]: S. 64(1)(b) substituted (1.4.2005) by 1989 (c.15), s. 141, Sch. 17 para. 4(a) (as amended by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), Sch. 4 para. 3 (with s. 71(3)(4)(6))); S.S.I. 2005/174, art. 2

[^M_F_15537265-7ad8-4bc8-a551-3d4d39bf61e3]: S. 64(3) added (1.4.2005) by 1989 (c.15), s. 141, Sch. 17 para. 4(b) (as amended by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), Sch. 4 para. 3 (with s. 71(3)(4)(6))); S.S.I. 2005/174, art. 2

[^key-7f6ce24622143aba3e523aa52b12251f]: S. 28(2)(c) repealed (1.4.2006) by Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

[^key-e2a7e425d89563432b7711cbecb04f51]: S. 3A inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 20(1), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-0c9ef343fae1e0c7eb34205442410457]: S. 5A inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 21, 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-65d1716b415bba07f7f1cc17140342e0]: S. 17A - S. 17B inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 22, 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-965aa74b65cd233ddc91b3cf2e44dbf8]: S. 51A inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 24(1), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-a57cc799f3a1100afb03fa41d7983ff9]: Sch. 1 para. 9A inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), Sch. para. 6(5)(b) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-69801415a116648aef30aae37f36983e]: S. 17(5) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), Sch. para. 6(2) (with s. 39); S.S.I. 2007/333, art. 2(1) (with art. 4)

[^key-0263907dcb43773a99ce1f653cd440fb]: Words in s. 28(2)(a) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(1), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-02ac0f75d3c6af618a1f422ad5836427]: Words in s. 3 substituted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 19(1)(a), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-e618e8ee9a131f12af4295613c8a8fff]: Words in s. 3 inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 19(1)(b), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-2eb9e97e9520341524a0d5f2447a48f1]: S. 3 substituted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 19(2), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-18f72443ffe0d6df191b3296de70c002]: Words in s. 30(1) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(2)(a)(i), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-8c16b96a71833ce907a24c183dc9781b]: Words in s. 30(1) substituted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(2)(a)(ii), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-a5a9f3b1e2f2452f37f3f48d4b631ce5]: Word in s. 30(5) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 23(2)(b), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-25b26bf5f8bf46928f71a61f23620521]: Word in s. 31(5)(b) substituted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), Sch. para. 6(3) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-0ffb32d39ac1dcd42f89de49ed3cd0e8]: S. 4(3) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 20(2)(c), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-a70e59e78167049dcbed81f6537369a6]: Word in s. 4(1) repealed (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 20(2)(a)(i), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-47f0c1323d966a2fc3fa15049c0dd2f6]: Words in s. 4(1) substituted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 20(2)(a)(ii), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-c79c1bb0932b33980c21a15fe7fe291a]: Words in s. 4(1) added (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 24(2), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-54b96897fb336c54fc867c95af9b4f66]: Words in s. 4(2) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), ss. 20(2)(b), 45(2) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-06d78118539f1c8e39734e5abc3c89d1]: S. 48(2A) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), Sch. para. 6(4)(a) (with s. 39); S.S.I. 2007/333, art. 2(1)

[^key-b049df726d27d300f08250a69a8dbff7]: S. 48(4A) - S. 48(4B) inserted (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), Sch. para. 6(4)(c) (with s. 39); S.S.I. 2007/333, art. 2(1)