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This is the original version (as it was originally enacted).

47Tenure of office

(1)Before the expiry of a period of three years from—

(a)the first election of the members of the board; or

(b)the last meeting of qualified proprietors called under this section,

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 1 of schedule 2 to this Act, such members as require to be elected under Part 2 of that schedule; and at that meeting each member of the board shall first resign.

(2)The provisions of schedule 2 to this Act, apart from paragraph 1, shall apply to further elections as they apply to the first election of the members.

(3)Without prejudice to subsection (1) above, a member of a district salmon fishery board may resign at any time and a person who ceases to meet the requirements of this Act for membership of a district salmon fishery board shall cease to be a member of that board.

(4)Where a person is both an upper and a lower proprietor by virtue of section 40(5) of this Act, subsection (3) above shall have effect as respects either or each such capacity.

(5)Where a vacancy in their number occurs, the board shall, so far and as soon as is reasonably practicable, fill that vacancy by—

(a)the electing by the elected members from amongst themselves of a new convener;

(b)the appointing by the elected members of a qualified proprietor in the district as a representative of qualified proprietors according to the rules in schedule 2 to this Act regarding the balance between upper and lower proprietors; or

(c)the co-opting by the board of a representative of salmon anglers or of tenant netsmen in accordance with that schedule,

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.

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