(1)Subject to subsection (2), any member of the Royal Ulster Constabulary may enforce the provisions of this Act or of any instrument made under this Act,F1. . . .
(2)SaveF1. . . where forcible resistance is actually made and is proved by information on oath), no member of the Royal Ulster Constabulary shall enter upon any lands or waters for the purpose of enforcing the fishing rights of any owner or occupier thereof, or of any person in whom fishing rights are vested.
(1)Subject to subsection (2), an officer of [F3the Department] shall not enter upon any lands or waters for the purpose of enforcing the fishing rights of any owner or occupier thereof, or of any person in whom fishing rights are vested.
(2)Subsection (1) shall not apply in any case where the fishing rights in question are rights of the Ministry[F4 or rights of an owner or occupier of land or waters with whom [F3the Department] has entered into an agreement under [F5section 25(2)(c)]].
F2S. 168 heading: words in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F3S. 168(1)(2): words in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F5Words in s. 168(2) substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(29) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
Modifications etc. (not altering text)
C1S.168(1) excluded by 1952 c. 5 (N.I.), Third Sch. para. 2(2) (as added (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 29(b) (with art. 32)); S.R. 2008/232, art. 2, Sch.
S.169 rep. by 1981 NI 7
(1)Any of the following persons, namely,
(a)any person who by virtue of any fishing rights in any lake or river has an interest in the preservation of the fish therein; or
(b)any persons who have united themselves into a society for the preservation of any fishery in any lake or river; or
(c)the owner of any salmon fishery on the sea coast [F6; or
(d)the licensee under a shell-fish fishery licence; or
(e)any licensees under such licences who have united themselves into a society for the protection of their shell-fish fisheries;]
may by instrument in writing in the form set out in Schedule 5 appoint any person (other than a person disqualified under subsection (7)) to be a private water bailiff for the protection of the fisheries in any such lake or river or the tributaries thereof, or on such part of the sea coast [F6 or for the protection of that shell-fish fishery or those shell-fish fisheries.]
(2)A person appointed to be a private water bailiff shall not act in that capacity until his appointment is confirmed by a court of summary jurisdiction F7....
(3)A person making application under subsection (2) for confirmation of the appointment of a person as a private water bailiff shall, not less than fourteen days before the date of the hearing of the application, give notice in writing of the application to F8. . . F8[F9. . . the Department, and F8. . . ] [F6 the Department] shall be entitled to appear before the court, be heard and adduce evidence on the hearing of the application, and may do so by [F10 one of its officers] or by solicitor or counsel.
(4)The confirmation of the appointment of a person as a private water bailiff shall be effected by the resident magistrate endorsing the instrument of appointment.
(5)Where a court of summary jurisdiction has confirmed the appointment of a person to act as a private water bailiff [F11a court of summary jurisdiction] upon complaint made to it, may revoke the appointment, and thereupon the appointment shall be terminated.
[F9(5A)Where a person who has appointed a private water bailiff revokes that appointment, that person shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions F12....]
[F9(6)Where—
(a)the appointment of a person as a private water bailiff has been confirmed under subsection (4) or revoked under subsection (5), or
(b)notice of the revocation of such an appointment has been received under subsection (5A),
the clerk of the court shall notify the Department F13. . . of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.]
(7)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(7A)Any person or society mentioned in paragraphs (a) to (e) of subsection (1) who employs any person to act as a private water bailiff shall, before 31st January in each year, make to [F15the Department] a return in such form and containing such information as may be prescribed by [F16regulations] .
(7B)[F15The Department] shall maintain a register of the names and addresses of those who are entitled to act as private water bailiffs.
(7C)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(8)If any person—
(a)acts as a private water bailiff without having his appointment confirmed under subsection (4); or
(b)so acts after his appointment has been revoked either by a court under subsection (5) or by his employer;[F9 or]
[F9(c)fails to serve written notice under subsection (5A) within the time specified in that subsection; or
(d)fails to make a return to [F15the Department] under subsection (7A) by the date specified in that subsection;]
he shall be guilty of an offence [F18 and shall be liable on summary conviction to a fine not exceeding £200].
(9)The powers conferred by this Part on a private water bailiff shall be exercisable only for the protection of the fishery specified in his instrument of appointment.
F7Words in s. 170(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 58(1)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F8Words in s. 170(3) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(30), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)
F11Words in s. 170(5) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 58(1)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F12Words in s. 170(5A) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 58(1)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F13Words in s. 170(6) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(31)(a), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)
F14S. 170(7) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(31)(b), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)
F15S. 170(7A)(7B)(8)(d): words in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F16S. 170(7A): word in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(c) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F17S. 170(7C) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(31)(b), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)
(1)Any person whose appointment as a private water bailiff is confirmed after the coming into operation of Article 25 of the Fisheries (Amendment) (Northern Ireland) Order 1991 shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff on the expiration of the period of 5 years from the date of that confirmation.
(2)Any person whose appointment as a private water bailiff was confirmed before the coming into operation of that Article of that Order shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff either—
(a)on the expiration of the period of 5 years from the date of that confirmation, or
(b)on the expiration of the period of 1 year from the date of the coming into operation of that Article of that Order,
whichever period is longer.
(3)In subsections (5), (5A), (6) and (8) of section 170 references (in whatever terms) to a person's appointment as a private water bailiff shall be construed as including references to the renewal of his appointment as such.
(4)Nothing in this section shall preclude the re-appointment under section 170 of a person who ceases, by virtue of subsection (1) or (2), to be a private water bailiff.]
The production by an officer of [F20the Department] or a private water bailiff of the instrument of his appointment shall be a sufficient warrant for his exercising the authority conferred on him by this Part, but the production of that instrument shall not be necessary unless he has been first required to produce it.
F20S. 171: words in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)