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Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (repealed)

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22 Provisions as to River Tweed. F1E+W+S

(1)Section nineteen of and Schedule G to the M1Salmon Fisheries (Scotland) Act 1868 (which section and Schedule relate respectively to penalties for destroying salmon fry and disturbing spawning beds, and to the construction and alteration of dams and lades) shall apply to the River Tweed with the substitution for references to a district and a district board respectively of references to the River Tweed and the Board of Commissioners of the River Tweed, and with any other necessary modifications.

(2)This Act (including the foregoing subsection) and the M2Freshwater Fish (Scotland) Act 1902, shall apply to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland:

Provided that—

(a)offences committed in England (including English territorial waters) whether against this Act or against any other enactment mentioned in the foregoing provisions of this section shall be proceeded against and punished in England, and in the case of an offence committed in territorial waters proceedings may be taken in any place where the person charged may be found; and

(b)in relation to a person found committing an offence to which the foregoing paragraph applies section thirty-eight of the M3Tweed Fisheries Act 1857, shall have effect with the substitution for the words from “before any justice” onwards of the words “before any justice having jurisdiction to deal with the case, who shall proceed against such offender according to law”.

Modifications etc. (not altering text)

Marginal Citations

M31857 c. cxlviii.

Textual Amendments applied to the whole legislation

F1Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2; and (only in relation to the Tweed district) (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 (with art. 1(3))

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