Part II Other Provisions Applying to Scotland

C128 Exemption from certain offences in respect of acts done for scientific etc. purposes.

F11

A person shall not, in respect of any act or omission relating to salmon or salmon roe or eggs, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if—

a

the act or omission is for—

i

some scientific purpose;

ii

the purpose of protecting, improving or developing stocks of fish; or

iii

the purpose of conserving any creature or other living thing; and

b

he has obtained the previous permission in writing—

i

if the act or omission is one to which this sub-paragraph applies, of the district salmon fishery board for the salmon fishery district in which it takes place or of the Secretary of State; and

ii

in any other case, of the Secretary of State for the act or omission.

2

Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph—

a

takes place in a salmon fishery district for which there is a district salmon fishery board; and

b

is a contravention of—

i

section 45 of the M1Tweed Fisheries Act 1857;

ii

section 6 of the M2Tweed Fisheries Amendment Act 1859;

iii

section 18, 19 or 20 of the M3Salmon Fisheries (Scotland) Act 1868; or

iv

section 2 or 4(c) of the M4Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

3

A permission under subsection (1) above shall specify the act or omission permitted and the enactment to which the permission relates.

4

In this section—

a

references to a salmon fishery district and to a district salmon fishery board include respectively references to the River Tweed and to the River Tweed Council;

b

“enactment” includes any instrument made after the passing of this Act under any enactment.