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

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This is the original version (as it was originally enacted).

43District salmon fishery boards

(1)If proprietors of salmon fisheries in a salmon fishery district—

(a)form an association for the purpose of the protection or improvement of the fisheries within their district; and

(b)elect, in accordance with schedule 2 to this Act, a committee to act for them,

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.

(2)A district salmon fishery board shall have the powers and duties conferred—

(a)on them under this Act; and

(b)by any other enactment on a district board within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868.

(3)Subject to subsection (4) below, a committee mentioned in subsection (1) above shall cease to be the district salmon fishery board for a district on the expiry of a period of three years from the date of the last meeting of proprietors which elected, in accordance with Part 1 of schedule 2 to this Act, such members as require to be elected under Part 2 of that schedule.

(4)On the coming into force of a designation order the committee within the meaning of this section in respect of a district superseded by the district so designated shall cease to be a district salmon fishery board; and any committee within the meaning of this section which has been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.

(5)If a committee ceases to be a district salmon fishery board, the assets and liabilities of that board shall be the assets and liabilities of the members of the association for which the committee acts; but, for the purposes of the winding-up of such an association, any assets of the former board remaining after the settlement of the liabilities of the former board shall be distributed amongst all the proprietors in the district who were liable to the fishery assessment immediately before the date on which the committee ceased to be such a board, according to the valuation of each fishery as entered in the valuation roll at that date.

(6)A district salmon fishery board shall not be bound by any direction given to them by the association for which the elected members of the board act as a committee.

(7)There may be a district salmon fishery board for a district whether or not there are any salmon in the waters of that district.

(8)The Scottish Ministers may by order vary the provisions of schedule 2 to this Act.

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