Part V Administration and Enforcement

Powers of water bailiffs etc.

C135 Power to require production of fishing licences.

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 F8 intending to fish or F9 of having recently fished F2in a water authority areaF2in any area,F10 in circumstances where the fishing would require a licence or authorisation under this Act or a licence under section 16 of the Wildlife and Countryside Act 1981, to produce his licence or other authority to fish and to state his name and address.

F31A

Without prejudice to subsection (1) above, a water bailiff or other officer of the F11appropriate 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.

F72

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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 F4the office of the water authorityF4the appropriate office of F5the F11appropriate agency he shall not be convicted of an offence under this section for failing to produce it.

F64

In subsection (3) above, “ the appropriate office of the F11appropriate agency ” means—

a

in a case where the person requiring the production of the licence or other authority specifies a particular office of the F11appropriate agency for its production, that office; and

b

in any other case, any office of the F11appropriate 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 F11appropriate agency that licence or other authority shall be treated as produced by that person at that office.