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Part VE+W+S Administration and Enforcement

Powers of water bailiffs etc.E+W

31 Powers of search etc.E+W

(1)Any water bailiff appointed by a water authority and any person appointed by the Minister—

(a)may examine any dam, fishing weir, fishing mill dam, fixed engine or obstruction, or any artificial watercourse, and for that purpose enter on any land;

(b)may examine any instrument or bait which he has reasonable cause to suspect of having been or being used or likely to be used in taking fish in contravention of this Act or any container which he has reasonable cause to suspect of having been or being used or likely to be used for holding any such instrument, bait or fish;

(c)may stop and search any boat or other vessel used in fishing in a water authority area or any vessel or vehicle which he has reasonable cause to suspect of containing—

(i)fish which had been caught in contravention of this Act;

(ii)any such instrument, bait or container as aforesaid;

(d)may seize any fish and any instrument, vessel, vehicle or other thing liable to be forfeited in pursuance of this Act.

(2)If any person refuses to allow a water bailiff or a person appointed by the Minister to make any entry, search or examination which he is by this section authorised to make, or to seize anything which he is so authorised to seize, or resists or obstructs a water bailiff or person so appointed in any such entry, search, examination or seizure, he shall be guilty of an offence.

Modifications etc. (not altering text)

C1S. 31(1) extended (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(1) (with art. 2)

C2By Salmon Act 1986 (c. 62, SIF 52:2), ss. 32(6)(a), 43(4) it is provided that s. 31(1)(b)(c) is amended (E.W. and as mentioned in the said s. 43(4) (border rivers))

C3S. 31(2) excluded (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(9) (with art. 2); S.I. 1998/3178, art. 3