18 Enforcement of orders in relation to salmon and migratory trout.E+W+S
(1)In so far as [F1any order under section 4, 5 or 6 of this Act], imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which, [F2for the purposes of the functions of a [F3water authority] relating to fisheries, are included in the area of the [F3water authority], or on landing salmon or migratory trout at a place within a [F3water authority area]—][F2are included in the area which by virtue of subsection (4) of section 141 of the Water Act 1989 is the area in relation to which the National Rivers Authority carries out functions relating to fisheries under the Salmon and Freshwater Fisheries Act M11975 or on landing salmon or migratory trout]
[F4(a)section 31(1)(d) of the M2Salmon and Freshwater Fisheries Act 1975 (which confers power of seizure) shall apply as if the reference in it to that Act included a reference to this Act, and sections 36(1) and (2) of that Act, and paragraph 8 of Schedule 4 (all of which contain ancilliary provisions), shall be construed accordingly as including references to that Act as applied by this subsection;]
[F5(b)the provisions of subsections (1), (3) and (4) of section 111, and subsections (1) to (7) of section 112, of the M3Water Resources Act 1963 (which confer powers for the enforcement of that Act) shall apply as if section 4 of this Act, and any order under section 5 or 6 thereof, were an enactment relating to the functions of the [F3water authority].]
[F5(b)the provisions of section 147 and, in relation to that section, sections 178 and 179 of the Water Act 1989 (which confer powers of entry) shall apply as if section 4 of this Act, and any order under section 5 or 6 of this Act, were an enactment to which the said section 147 applies.]
(2)Where [F6any 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 board within the meaning of the M4Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, or on landing salmon or migratory trout at a place within such a district as aforesaid, any water bailiff, constable or any person appointed by the Secretary of State in pursuance of section 10(5) of the said Act of 1951 may exercise in relation to the contravention of the said section 4 or of any such order any of the powers conferred upon him in relation to a contravention of that Act by the following provisions thereof, that is to say—
(a)sections 11 and 12 (which confer powers of search and arrest); and
(b)sections 10(1)(d) and 20, so far as those provisions relate to the seizure of fish, instruments or articles liable to forfeiture or to the disposal of such fish,
and subsections (3) and (6) of the said section 10 (which contain provisions ancillary thereto) shall apply as if the Acts therein mentioned included a reference to this Act.
Textual Amendments
F1Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(4)
F2Words beginning “are included” substituted (E.W.) for words beginning “for the purposes” by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 6(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F3Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a)(b)
F4S. 18(1)(a) substituted by Salmon and Freshwater Fisheries Act 1975 (c. 51), s. 42(2)
F5S. 18(1)(b) beginning “the provisions of section 147” substituted (E.W.) for s. 18(1)(b) beginning “the provisions of subsections (1),(3) and (4)” by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 6(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F6Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(5)
Marginal Citations