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Salmon Fisheries (Scotland) Act 1868
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- 1868 c. 123 (Regnal. 31_and_32_Vict)
- Section 18
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- Act repealed by 2003 asp 15 sch. 4 Pt. 2
- Act repealed by S.I. 2006/2913 Sch. 4 Pt. 2
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Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2005/174 art. 2 commences (2004 asp 15)
18†Penalty for using roe. S
[F1(1)] . . . F2 and every person that shall buy, sell, or expose for sale, or have in his possession, any salmon roe, shall for every such offence be liable to a penalty not exceeding two pounds, and shall forfeit all salmon roe found in his possession; but this [F3subsection] shall not apply to any person who . . . F4 gives any reason satisfactory to the court by whom he is tried for having the same in his possession.
[F5(2)It shall be a defence for a person charged with an offence under subsection (1) above to prove–
(a)that the roe had been produced in the course of fish farming within the meaning given by section 33(6) of the Fisheries Act 1981 F6; or
(b)that he believed on reasonable grounds that it had been so produced.
(3)Subsection (2) above is without prejudice to the provisions of subsection (1) above relating to the circumstances in which subsection (1) above does not apply.]
Annotations:
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Amendments (Textual)
F1S. 18 renumbered as s. 18(1) (30.4.1996) by S.I. 1996/1211, art. 2(1)(3)
F2Words repealed by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 2
F3Word in s. 18(1) substituted (31.4.1996) by S.I. 1996/1211, art. 2(1)
F4Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 3(1)
F5S. 18(2)(3) added (30.4.1996) by S.I. 1996/1211, art. 2(2)(3)
Modifications etc. (not altering text)
C1Unreliable marginal note
C2S. 18 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iii), 29
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