28 Exemption from certain offences in respect of acts done for scientific etc. purposes.S
[F1(1)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.]
Textual Amendments
F1Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2
Modifications etc. (not altering text)
C1S. 28 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 11(4)(5)
Marginal Citations
M11857 c. cxlviii.