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

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.