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Salmon Act 1986

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This is the original version (as it was originally enacted).

36Servants and agents authorised by fishing licences

(1)For paragraph 9 of Schedule 2 to the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 (persons treated as servants and agents of licensee for the purpose of being entitled to use an instrument under the authority of the licence) there shall be substituted the following paragraph—

9(1)A person who uses an instrument of any description for fishing in an area in relation to which an order under section 26 above limiting the number of licences for fishing with instruments of that description is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use an instrument of that description unless, at the time that person uses the instrument—

(a)his name and address are entered on the licence in accordance with the following provisions of this Schedule; and

(b)he is not himself the holder of a licence to use an instrument of that description in that area ; and

(c)he is accompanied by the licensee or has the consent of the water authority to his use of the instrument in the absence of the licensee.

(2)A person who uses an instrument of any description for fishing in an area in which no such order as is mentioned in sub-paragraph (1) above is in force shall not be treated for the purposes of section 25(3) above as the duly authorised servant or agent of any holder of a licence to use an instrument of that description unless, at the time that person uses the instrument—

(a)his name and address are entered on the licence in accordance with the following provisions of this Schedule; or

(b)he is accompanied by the licensee; or

(c)he has the consent of the water authority to his use of the instrument otherwise than where there is compliance with paragraph (a) or (b) above.

(3)The consent of a water authority shall not be given under this paragraph except—

(a)in the case of a consent for the purposes of subparagraph (1) (c) above, in relation to a period which appears to the water authority to be a period throughout which the licensee will be unable through illness or injury to accompany his servant or agent;

(b)in the case of a consent for the purposes of subparagraph (2)(c) above, where the giving of the consent appears to the water authority to be required by the special circumstances of the case.

(2)Accordingly, in section 25(3) of that Act, for the words from "not exceeding" onwards there shall be substituted the words " subject to the provisions of paragraphs 9 to 13 of Schedule 2 to this Act ".

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