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Salmon and Freshwater Fisheries Act 1975

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Version Superseded: 12/01/2010

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35 Power to require production of fishing licences.E+W

(1)[F1A water bailiff or other officer of the agency, or any constable], may require any person who is fishing, or whom he reasonably suspects of being about to fish or to have within the preceding half hour fished [F2in a water authority area][F2in any area], to produce his licence or other authority to fish and to state his name and address.

[F3(1A)Without prejudice to subsection (1) above, a water bailiff or other officer of the Agency who on any occasion finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, within the meaning of section 37A below, may require that person to state his name and address.]

(2)A person holding a fishing licence for any [F4water authority area][F4area] may, on production of his licence, require any person who is fishing in that area to produce his licence or other authority to fish and to state his name and address.

(3)If any person required to produce his fishing licence or other authority or to state his name and address fails to do so, he shall be guilty of an offence; but if within seven days after the production of his licence was so required he produces the licence or other authority at [F5the office of the water authority][F5the appropriate office of [F6the Agency]] he shall not be convicted of an offence under this section for failing to produce it.

[F7(4)In subsection (3) above, “the appropriate office of the Agency” means—

(a)in a case where the person requiring the production of the licence or other authority specifies a particular office of the Agency for its production, that office; and

(b)in any other case, any office of the Agency;

and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office.]

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Amendments (Textual)

F1Words in s. 35(1) substituted (1.4.1996) by 1995 c. 25, s. 104(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2Words “in any area” substituted for “in a water authority area” (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 7(1)(9)(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)

F3S. 35(1A) inserted (1.4.1996) by 1995 c. 25, s. 104(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words “the appropriate office of the National Rivers Authority” substituted for “the office of the water authority” (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 7(1)(9)(c) (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 in s. 35(3) substituted (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 18(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1S. 35 excluded (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(9) (with art. 2); S.I. 1998/3178, art. 3

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