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Salmon Act 1986

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This is the original version (as it was originally enacted).

Proprietors

11Qualified proprietors and upper and lower proprietors

(1)A qualified proprietor shall be, for the purposes of this Act, a proprietor of a salmon fishery entered in the valuation roll.

(2)Where any salmon fishery is not entered or not entered separately in the valuation roll, the assessor shall, on the request of—

(a)the clerk to the district salmon fishery board for the district in which the fishery is situated ; or

(b)where there is no such board for the district, the proprietor of that fishery,

value that fishery and enter it in the valuation roll.

(3)If a salmon fishery is situated in more than one salmon fishery district the assessor shall, on the request of—

(a)the clerk to the district salmon fishery board for either or any of these districts; or

(b)where there is no such board, the proprietor of that fishery

value that fishery and enter it in the valuation roll according to its value in each district.

(4)A qualified proprietor shall be an upper proprietor or a lower proprietor for the purposes of this Act according to whether his salmon fishery is, respectively, upstream or downstream of a division of a river as defined in subsection (7) below and, in this Act, " upper proprietor " and " lower proprietor " each mean a qualified proprietor.

(5)A qualified proprietor shall be both an upper proprietor and a lower proprietor if he is a qualified proprietor of one salmon fishery situated above and another situated below a division referred to in subsection (4) above, whether or not both fisheries are on the same river in the district, and he may act in either capacity or in both capacities in accordance with the provisions of this Act.

(6)Subject to subsection (5) above, a qualified proprietor in a salmon fishery district shall not be eligible for election, co-option or appointment to the district salmon fishery board for that district in respect of more than one salmon fishery.

(7)The division referred to in subsection (4) above shall be—

(a)a line across the river between points on either bank prescribed by the Secretary of State under subsection (8) below; or

(b)where the Secretary of State has not prescribed such points but a point of division has been fixed in accordance with section 6(4) of the [1862 c. 97.] Salmon Fisheries (Scotland) Act 1862, that point of division; or

(c)where no division has been effected under paragraphs (a) or (b) above, the normal tidal limit.

(8)When requested to do so by the district salmon fishery board for the district in which a river is situated, the Secretary of State may, by order made by statutory instrument, prescribe a point on each bank of the river to which the request relates.

(9)The clerk to a district salmon fishery board shall maintain a roll showing—

(a)the upper and lower proprietors in the district; and

(b)the values of their fisheries as entered in the valuation roll;

and the board may, if they are satisfied that a name should be added or removed, add or remove it.

(10)Subject to section 5 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 (jurisdiction as regards heritable property), the sheriff may, on summary application made to him by a person whose request to the board to add or remove a name has not been met, order the board to add or remove that name.

12Sole proprietor in a salmon fishery district

(1)Where, after the commencement of this section, there is in a salmon fishery district only one proprietor of salmon fisheries, for references in this Act, except under paragraph 1 of Schedule 2 to this Act, to two proprietors of salmon fisheries in a salmon fishery district for which there is no board there shall be substituted references to that sole proprietor.

(2)Where, immediately before the commencement of this section, there is a sole proprietor in a district within the meaning of the Salmon Fisheries (Scotland) Acts 1862 to 1868, the powers of a district board conferred on him by section 19 of the Salmon Fisheries (Scotland) Act 1862 shall, on the commencement of this Act, cease to be exercisable by him.

(3)A person appointed as a water bailiff by a sole proprietor mentioned in subsection (2) above shall, on the commencement of this section, cease to have the powers and duties of a water bailiff conferred on him by or under any enactment to the extent that such powers and duties relate to that appointment.

13Mandatories

(1)A qualified proprietor or an elected member or chairman of a district salmon fishery board may at any time authorise a person to act for him ; and such a person is referred to in this Act as a " mandatory ".

(2)A mandatory may as such be elected under Schedule 2 to this Act as a representative of qualified proprietors or as chairman but a person may not authorise another to act as a co-opted member under this Act nor shall a mandatory be co-opted under section 16(2) of this Act.

(3)A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act may authorise a person in accordance with this section in either or both of his capacities or may do so in each capacity.

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