The Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order, amends section 18 of the Salmon Fisheries (Scotland) Act 1868 (“the 1868 Act”) which makes it a criminal offence in Scotland to buy, sell, expose for sale or have in possession any salmon roe.

Section 18 of the 1868 Act is renumbered as section 18(1) (article 2(1)).

Two new subsections are then inserted (article 2(2)). Section 18(2) of the 1868 Act introduces new defences to an offence under section 18(1) of the 1868 Act in that either–

(a) the roe was produced in the course of fish farming, or

(b) the accused believed on reasonable grounds that it had been so produced.

Subsection (3) provides that these defences are without prejudice to the provisions of section 18(1) relating to the circumstances in which that subsection will not apply. Those circumstances are that a person gives a reason satisfactory to the court by whom he is tried for having salmon roe in his possession.

This Order provides that these defences shall apply only to proceedings for offences alleged to have been committed after the date of its coming into force (article 2(3)).