Salmon and Freshwater Fisheries Act 1975

Changes over time for: Paragraph 9

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There are currently no known outstanding effects for the Salmon and Freshwater Fisheries Act 1975, Paragraph 9.

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[F19(1)A person who uses [F2 any licensable means of fishing ] for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing [F3 by that means ] is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use [F4 that means of fishing ] unless, at the time that person uses [F5 that means of fishing ]—E+W

(a)his name and address are entered on the licence in accordance with the following provisions of this Schedule; and

(b)he is not himself the holder of a licence to use [F6 that means of fishing ] in that area; and

(c)he is accompanied by the licensee or has the [F7consent of the appropriate agency to] his use of [F8 that means of fishing ] in the absence of the licensee.

(2)A person who uses [F9 any licensable means of fishing ] for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use [F10 that means of fishing ] unless, at the time that person uses [F11 that means of fishing ]—

(a)his name and address are entered on the licence in accordance with the following provisions of this Schedule; or

(b)he is accompanied by the licensee; or

(c)he has the [F12consent of the appropriate agency to] his use of [F13 that means of fishing ] otherwise than where there is compliance with paragraph (a) or (b) above.

(3)[F14The consent of the appropriate agency] shall not be given under this paragraph except—

(a)in the case of a consent for the purposes of subparagraph (1)(c) above, in relation to a period which [F15appears to the appropriate agency to be] a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;

(b)in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent [F16appears to the appropriate agency to be] required by the special circumstances of the case.]

Textual Amendments

F1Sch. 2 para. 9 beginning “A person who uses” substituted for para. 9 beginning “A person shall be treated” (E.W. and as mentioned in s. 43(4) of the amending act (border rivers)) by Salmon Act 1986 (c. 62, SIF 52:2), ss. 36(1), 43(4)

F2Words in Sch. 2 para. 9(1) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(a)(i); S.I. 2010/298, art. 2, Sch. para. 13

F3Words in Sch. 2 para. 9(1) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(a)(ii); S.I. 2010/298, art. 2, Sch. para. 13

F4Words in Sch. 2 para. 9(1) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(a)(iii); S.I. 2010/298, art. 2, Sch. para. 13

F5Words in Sch. 2 para. 9(1) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(a)(iv); S.I. 2010/298, art. 2, Sch. para. 13

F6Words in Sch. 2 para. 9(1)(b) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(a)(v); S.I. 2010/298, art. 2, Sch. para. 13

F7Words in Sch. 2 para. 9(1)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 150(8)(a) (with Sch. 7)

F8Words in Sch. 2 para. 9(1)(c) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(a)(vi); S.I. 2010/298, art. 2, Sch. para. 13

F9Words in Sch. 2 para. 9(2) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(b)(i); S.I. 2010/298, art. 2, Sch. para. 13

F10Words in Sch. 2 para. 9(2) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(b)(ii); S.I. 2010/298, art. 2, Sch. para. 13

F11Words in Sch. 2 para. 9(2) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(b)(iii); S.I. 2010/298, art. 2, Sch. para. 13

F12Words in Sch. 2 para. 9(2)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 150(8)(a) (with Sch. 7)

F13Words in Sch. 2 para. 9(2)(c) substituted (1.1.2011) by Marine and Coastal Access Act 2009 (c.23), s. 324(3), Sch. 16 para. 16(8)(b)(iv); S.I. 2010/298, art. 2, Sch. para. 13