Search Legislation

Salmon Act 1986

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Salmon Act 1986. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Commencement Orders yet to be applied to the Salmon Act 1986

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Sections 14, 16 and 18.

SCHEDULE 2S Election and Co-option of Members of District Salmon Fishery Boards

Part IS Meeting of Qualified Proprietors

Calling of meetingS

1(1)Where there is no district salmon fishery board or transitional district board for a district, the sheriff shall, on the application of two qualified proprietors of salmon fisheries in the district,—S

(a)make up a roll of upper and lower proprietors in the district to which the application relates;

(b)call a meeting of these proprietors, at such time and place as he may direct, for the purpose of forming an association of proprietors of salmon fisheries for that district and electing a committee to become the district salmon fishery board for that district; and

(c)give notice at least once in each of two successive weeks by advertising in a newspaper circulating in the district of the date, time and place of that meeting.

(2)Where proposals for a designation order have been considered by the Secretary of State, in accordance with Schedule 1 to this Act, and he considers that a designation order should be made—

(a)the clerk or, acting jointly, the clerks to the district salmon fishery boards or transitional district boards for any district or districts which would be superseded by the proposed designation order shall perform, in respect of the proposed district, the duties specified in sub-paragraph (1) above; or

(b)where there is no district salmon fishery board for any district which would be superseded by the proposed designation order, the sheriff shall perform the duties specified in sub-paragraph (1) above on the application of two proprietors of salmon fisheries in the proposed district

and the following provisions of this Schedule shall have effect in respect of the proposed district as if it had been designated.

(3)Where the salmon fishery district lies in more than one sheriffdom, the sheriff in whose jurisdiction lies the major part of that district may, for the purposes of this Schedule, perform the duties specified in sub-paragraph (1) above in an adjacent sheriffdom.

(4)The sheriff may recover from the committee formed in accordance with this Schedule all expenses incurred by him in the performance of his duties under this paragraph, whether or not that committee becomes a district salmon fishery board, but if it does become such a board, these expenses may be met out of the fishery assessment.

2(1)At a meeting of proprietors called—S

(a)by the sheriff under paragraph 1 above;

(b)by the clerk to a board in accordance with section 18(1) of this Act; or

(c)by the clerk to a transitional district board in accordance with paragraph 7(a) of Schedule 3 to this Act,

the proprietors present shall elect or, as the case may be, re-elect a committee to act on behalf of the association.

(2)If—

(a)the membership of that committee is in accordance with Part II of this Schedule; and

(b)the requirements of this Part as respects eligibility are met

that committee shall be or continue to be the district salmon fishery board for that district.

(3)Membership of such a committee, whether or not it is a district salmon fishery board, shall not affect eligibility for membership of any other such committee or board.

Election of membersS

3[F1(1)In accordance with the following provisions of this Part of this Schedule, representatives of qualified proprietors shall be elected by–S

(a)the upper proprietors from amongst themselves; and

(b)the lower proprietors from amongst themselves.

(2)At least one representative shall be elected from amongst upper proprietors and at least one representative shall be elected from amongst lower proprietors but an election under this paragraph shall not be held invalid if either–

(a)there is no upper or, as the case may be, lower proprietor; or

(b)there is no upper or, as the case may be, lower proprietor willing to be elected.

(2A)The total number of representatives of qualified proprietors elected shall be at least three.]

(3)A qualified proprietor shall have, in respect of each fishery he owns within the district, one vote in an election under this paragraph and shall have one additional vote for each £5,000 or part thereof by which the value of that fishery as entered in the valuation roll exceeds £5,000 but, subject to sub-paragraph (5) below, no proprietor shall have more than four votes in total as respects each fishery.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act shall count as both an upper and as a lower proprietor for the purposes of this paragraph and he may both vote and be elected in each capacity.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 2 paras. 3(1)(2)(2A) substituted for Sch. 2 paras. 3(1)(2) (3.5.1999) by S.I. 1999/1111, art. 2(2)(a)

Balance between upper and lower proprietorsS

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Co-opteesS

5[F4(1)In the co-opting of representatives of salmon anglers and of tenant netsmen under Part II below, the number of representatives of salmon anglers and tenant netsmen together shall be less than the number of elected representatives of qualified proprietors.]S

(2)A person who is both an upper and a lower proprietor by virtue of section 11(5) of this Act shall be counted in each capacity for the purposes of sub-paragraph (1) above.

(3)A representative of salmon anglers shall be a person whom the board consider to be representative of persons angling for salmon in the district but who is not himself an upper proprietor in that district.

(4)Before co-opting a person as a representative of salmon anglers, the board shall consult such organisations representing salmon anglers in the district as they think fit; but this requirement shall not apply to the filling of a vacancy in accordance with section 18(5) of this Act.

(5)A representative of tenant netsmen shall be—

(a)a tenant netsman in the district who is not a lower proprietor in that district;

(b)a tenant netsman in the district who is a lower proprietor in that district if—

(i)there are insufficient tenant netsmen who are qualified or willing to be co-opted and who are not also lower proprietors in that district; and

(ii)he has not been elected to the board of that district as a representative of lower proprietors or as chairman; or

(c)a lower proprietor in the district who is not a tenant netsman in that district if—

(i)there are insufficient tenant netsmen qualified or willing to be co-opted, whether or not they are also lower proprietors in that district; and

(ii)he has not been elected to the board of that district as a representative of lower proprietors or as chairman,

but a person shall not be disqualified under this sub-paragraph solely because he is an upper proprietor in that district or has been elected to the board of that district as a representative of upper proprietors.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Sch. 2 para. 5(1) substituted (3.5.1999) by S.I. 1999/1111, art. 2(4)

Part IIS Membership

6[F5(1)The members of the committee shall be members of a district salmon fishery board if the committee consists of not less than three elected representatives of qualified proprietors in the district.]S

(2)[F6As soon after their election as is practicable] the elected representatives of qualified proprietors shall, in accordance with the provisions of this Schedule co-opt representatives of salmon anglers and tenant netsmen in the district as required by section 16(2) of this Act.

[F7(2A)As soon after such co-option as is practicable, the elected representatives of qualified proprietors and the co-opted representatives shall elect, from among the representatives of qualified proprietors, a chairman.]

(3)The members of a district salmon fishery board shall be—

(a)the persons mentioned in sub-paragraph (1) above;

[F8(aa)the chairman elected in accordance with sub-paragraph (2A) above;]

[F9(b)at least one co-opted representative of salmon anglers in the district; and

(c)at least one co-opted representative of tenant netsmen in the district]

but a committee shall not fail to be a district salmon fishery board only by reason that no persons or not enough persons have been co-opted in accordance with this paragraph if—

(i)[F10there are no salmon anglers or no tenant netsmen in the district, or]

(ii)no persons or not enough persons are willing to be co-opted.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Words in Sch. 2 para. 6(2) substituted (3.5.1999) by S.I. 1999/1111, art. 2(5)(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources