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

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    Prospective

    SCHEDULE 4SConsequential amendments, repeals and revocations

    (introduced by section 70)

    Part 1 SConsequential amendments

    1In 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—S

    (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.

    2(1)The Inshore Fishing (Scotland) Act 1984 shall be amended as follows.S

    (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.

    3(1)The Water Act 1989 shall be amended as follows.S

    (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 SRepeals and revocations

    EnactmentExtent of repeal or revocation
    Theft Act 1607(c. 6)The words “and fisches in propir stankis and loches”.
    Solway Firth Fisheries Act 1804 (c.xlv)The whole Act.
    Salmon Fisheries (Scotland) Act 1868 (c. 123)The whole Act.
    Solway Salmon Fisheries Commissioners (Scotland) Act 1877 (c. ccxl.)The whole Act.
    Freshwater Fish (Scotland) Act 1902 (c. 29)The whole Act.
    Trout (Scotland) Act 1933 (c. 35)The whole Act.
    Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26)The whole Act.
    Rivers (Prevention of Pollution) (Scotland) Act 1965 (c. 13)Section 13(1).
    Control of Pollution Act 1974 (c. 13)In Schedule 3, paragraph 11.
    Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22)The whole Act.
    Fishery Limits Act 1976 (c. 86)In Schedule 2, paragraph 12.
    Fisheries Act 1981 (c. 29)In Schedule 4, paragraphs 18 to 25.
    Salmon Act 1986 (c. 62)

    Sections 1 to 3 and 5 to 30.

    Schedules 1 to 3.

    In Schedule 4, paragraphs 1 to 5, 7 to 10, 12 and 15.

    Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)In Schedule 4, paragraph 11.
    Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996 (S.I. 1996/1211)The whole Order.
    District Salmon Fishery Boards Order 1999 (S.I. 1999/1111)The whole Order.
    Salmon Conservation (Scotland) Act 2001 (asp 3)The whole Act.

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