Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of an offence mentioned in this section shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Subject to subsections (3) and (4) below, any person who fishes for or takes freshwater fish in any inland waters except by rod and line shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

In any pond or loch where all the owners are agreed, a right of fishing may be exercised by net.

In any inland waters an owner or occupier may fish for or take freshwater fish, other than trout, by net or trap.

For the purposes of this Act, a person shall be treated as fishing for or taking fish by rod and line in the circumstances set out in subsection (2), (3) or (4) only if the condition specified in the relevant subsection is met.

In this section, “ salmonids ” means all fish of the family Salmonidae.

In this Act “rod and line” means F19... rod and line (used otherwise than as a set line or by way of F20foul hooking) with such bait or lure as is not prohibited by this section or, in relation to fishing for salmon, under section 33 or 38(5)(b) of this Act F21or, in relation to fishing for freshwater fish, under section 51A of this Act.

It is prohibited to use F22live vertebrates, fish roe, fire or light as bait or lure.

In subsection (1)—

• “ foul hooking ” means pointing, or any other method of hooking or attempting to hook a fish other than by inducing the fish to take the hook in its mouth by reason of the bait or lure;

• “ set line ” means a fishing line left unattended in water and having attached to it one or more lures or baited hooks.

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of an offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

Any person who uses a pike gag in relation to the fishing for or taking of fish shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995, any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) or (2) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

In subsection (1), “ pike gag ” means a device used for the purpose of keeping the jaws of a fish open by inserting it into the mouth of the fish.

Any person who without legal right, or without written permission from a person having such right, fishes for or takes salmon in any waters, including any part of the sea within 1.5 kilometres of mean low water springs, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence, and liable to the same punishment as if that person had committed the offence mentioned.

Any person who is found in possession of any salmon or trout, or any instrument, explosive, poison or other noxious substance which could be used in the taking of salmon or trout, in circumstances which afford reasonable ground for suspecting that that person has obtained possession of such salmon or trout, or such instrument, explosive, poison or substance as the result or for the purpose of committing an offence under any of the provisions of sections 1, 2, 5, 6 or 7 of this Act, may be charged with unlawful possession as aforesaid of such salmon or trout, or of such instrument, explosive, poison or substance.

Where the court is satisfied that a person charged under subsection (1) above obtained possession of salmon or trout, or of any instrument, explosive, poison or other noxious substance as the result or for the purpose of committing an offence under any of the provisions of sections 1, 2, 5, 6 or 7 of this Act, that person may be convicted of unlawful possession as aforesaid and dealt with in like manner as if that person had been convicted of the same offence.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Any person who does any act for the purpose of preventing salmon from passing through any fish pass, or taking any salmon in its passage through the same, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Any person who without legal right, or without permission from a person having such right, fishes in a proper stank or loch shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

For the purposes of this section—

Any person who fishes for or takes freshwater fish in contravention of a prohibition contained in a protection order made under section 48 of this Act shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Without prejudice to section 294 (attempts to commit crime) of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 (c. 46), any person who attempts to commit or who does any act preparatory to the commission of the offence mentioned in subsection (1) above shall be guilty of an offence and liable to the same punishment as if that person had committed the offence mentioned.

The weekly close time for salmon shall extend from the hour of six in the evening on Friday to the hour of six on the following Monday morning.

No person shall fish for or take salmon during Sunday.

No person shall fish for or take salmon (except during Friday, Saturday or Monday by rod and line) during the weekly close time.

Any person who contravenes this section shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

This section is subject to section 31(5) of this Act.

Subject to subsection (2) below, any person who fishes for or takes salmon during the annual close time within the meaning of section 37 of this Act shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Any proprietor or occupier who fails to comply with the duty imposed by subsection (1) or, as the case may be, (2) above shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Any person who buys, sells, exposes for sale or is in possession of, any salmon taken within the limits of this Act during the period when the annual close time is in force in every salmon fishery district and in the River Tweed, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

It shall be a defence to a prosecution brought under this section for the accused to prove that the salmon was caught lawfully.

The burden of proving that any salmon was caught beyond the limits of this Act shall lie on the person charged with selling, exposing for sale, or being in possession of, the salmon.

A person who commits an offence under this section may be convicted on the evidence of one witness.

The annual close time for trout shall extend from 7th October to 14th March, both inclusive.

It shall not be an offence under this section for a person to whom trout are consigned, whether by sale or otherwise, for the purpose mentioned in subsection (3)(b) above, to be in possession of such trout.

A person who commits an offence under this section may be convicted on the evidence of one witness.

The Scottish Ministers may by order, after consulting such persons as they consider appropriate, specify a weekly close time for freshwater fish.

An order under subsection (1) may make different provision for different species of freshwater fish.

During a weekly close time specified by virtue of subsection (1), no person shall fish for or take such freshwater fish as are so specified in relation to that close time.

Any person who contravenes an order made under this section shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

An order under subsection (1) may specify that the effect of the order is applicable only to a particular part or area of Scotland.

The Scottish Ministers may by order, after consulting such persons as they consider appropriate, specify an annual close time for freshwater fish other than trout.

An order under subsection (1) may make different provision for different species of freshwater fish.

It shall not be an offence under this section for a person to whom fish are consigned, whether by sale or otherwise, for the purpose mentioned in subsection (4)(b) above, to be in possession of such fish.

A person who commits an offence under this section may be convicted on the evidence of one witness.

An order under subsection (1) may specify that the effect of the order is applicable only to a particular part or area of Scotland.

Subsection (1)(a) above does not apply to any person who takes such fish accidentally and forthwith returns it to the water with the least possible injury.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Any person who buys, sells, exposes for sale or is in possession of any salmon roe shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Subsection (1) above shall not apply to any person who gives a reason, satisfactory to the court before which that person is charged, for being in possession of salmon roe.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Subsection (3) above is without prejudice to the provisions of subsection (2) above relating to the circumstances in which subsection (1) above does not apply.

It shall be a defence in proceedings for an offence under this section for the accused to show that no relevant offence had in fact been committed in relation to the salmon.

A person who commits an offence under this section may be convicted on the evidence of one witness.

A person shall not be guilty of an offence under this section in respect of conduct which constitutes a relevant offence in relation to any salmon or in respect of anything done in good faith for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.

An authorised person may open any package consigned or sent or brought to any place to be consigned or sent, and suspected to contain salmon or trout.

If, before the conclusion of such proceedings as are mentioned in subsection (3) above, any salmon or trout detained under that subsection becomes unfit for human consumption, any authorised person may destroy it, or cause it to be destroyed.

The Scottish Ministers may by regulations make provision for or in connection with tagging the carcasses of salmon.

It is a defence for a person charged with an offence under subsection (4)(c) above to show that the person had a reasonable excuse for failing to take any action or comply with any requirement as mentioned in that subsection.

Nothing in this section shall apply to live trout sold or disposed of for the purpose of stocking any river, loch or water, or of artificial propagation.

Any person who during the annual close time obstructs or impedes salmon in their passage to any such bed, bank or shallow shall be guilty of an offence.

Subsections (1) to (3) above shall not apply to acts done in the course of cleaning or repairing any dam or mill-lade, or in the exercise of rights of property in the bed of any river or stream.

Notwithstanding subsections (1) to (3) above and subject to subsection (6) below, a district salmon fishery board may, with the consent of all the proprietors of salmon fisheries in any river or estuary, adopt such means as they think fit for preventing the ingress of salmon into narrow streams in which they or the spawning beds are from the nature of the channel liable to be destroyed.

Nothing done under subsection (5) above may interfere with any water rights used or enjoyed for the purposes of manufacture, agriculture or drainage.

A person who commits an offence under this section may be convicted on the evidence of one witness, and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Any person who, for the purpose of taking, or obstructing the free passage of, salmon, places or uses an uncertificated fixed engine in the Solway shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In subsection (1) above—

Any person who, without legal right, or without permission of a person having such right, takes or fishes for any fish other than salmon in any of the rivers, streams or other watercourses running into the Solway shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

In granting permission under subsection (1) above, a district salmon fishery board or (as the case may be) the Scottish Ministers may impose conditions or requirements.

It is a defence for a person charged with an offence under subsection (1B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

A person who commits an offence under subsection (1B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph takes place in a salmon fishery district for which there is a district salmon fishery board; and is a contravention of section 1, 2, 5(1)(c), 18, 19 or 23 of this Act.

A permission under subsection (1) above shall specify the act or omission permittedF38, any conditions or requirements imposed under subsection (1A) above and the enactment to which the permission relates.

In granting permission under subsection (1) above, the Scottish Ministers may impose conditions or requirements.

It is a defence for a person charged with an offence under subsection (4)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

A person who commits an offence under subsection (4) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Scottish Ministers.

In subsection (2) above “affected” means appearing to the Scottish Ministers to be likely to be affected by the exemption.

Subject to subsections (2) to (6) below, a person shall not be guilty of a contravention of any of sections 1, 2, 5(1)(b) and (c),F146, 8, 13(2) and (3), 14(1), 15 to 18 F15, 22(1) and 23, or regulations underF40section 21A or section 31(1)(a) or (d), of this Act in respect of any act or omission if the act or the omission takes place within, and in the course of the operation of, a fish farm.

There shall be no contravention of paragraph (b) or (c) of section 5(1) of this Act, by virtue of subsection (1) above, in respect of an act referred to in those paragraphs if, and only if, the act is carried out with the consent of the Scottish Ministers.

In granting consent under subsection (2) above, the Scottish Ministers may impose conditions or requirements.

It is a defence for a person charged with an offence under subsection (2B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

A person who commits an offence under subsection (2B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

For the purposes of subsection (1) above, the act of selling or exporting fish by or on behalf of a person who has reared the fish in a fish farm shall be deemed to be an act carried out within a fish farm in the course of the operation of that farm.

In any proceedings for an offence under section 15 of this Act in relation to a boat or other thing mentioned in that section which is not in a fish farm, it shall be a defence for the person charged with such offence to prove that the act or omission complained of was necessary for the purpose of the operation of a fish farm.

It shall be a defence for a person charged with an offence under section 16, 17(2)(b),F1617B(3)(b), 18(1)(b)F42, 21A(4)(a) or (b) or 22 of this Act to show that that person believed on reasonable grounds that the fish with respect to which the offence is alleged to have been committed were produced by fish farming.

For the purposes of subsection (5) above “fish farming” means the breeding, rearing or cultivating of fish, whether or not for the purpose of producing food for human consumption; but the reference in that subsection to fish produced by fish farming does not include fish bred, reared or cultivated in captivity which have later been released to the wild.

Any proprietor or occupier of a fishery at which stake weirs, stake nets, fly nets or bag nets are used who fails, in regard to such weirs or nets, to do all acts required by regulations made under subsection (1) above for the observance of the weekly close time shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Any person who contravenes a regulation made under this section shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

No regulations made under this Act with respect to the construction and alteration of dams, lades or waterwheels, so as to afford a reasonable means for the passage of salmon, shall apply to streams or branches or tributaries of rivers which are of such small size as not to be frequented by salmon, nor to dam dykes which in the average state of the river do not obstruct the passage of salmon.

Where in any intake lade there is a sufficient sluice, it shall not be necessary to remove the said sluice to a higher point of the lade, nor to construct an additional sluice at the intake thereof.

It shall be lawful to lift any heck from out the water as a means of protection during a flood, or when the river is encumbered with ice, or with weeds and floating leaves to an extent to choke the heck.

Without prejudice to section 38(5)(b) of this Act and subject to subsections (2) to (7) below, the Scottish Ministers may make regulations prohibiting the use of specified baits and lures for the purposes of the definition of “rod and line” in section 4(1) of this Act in the case of fishing for salmon.

The Scottish Ministers may make regulations under subsection (1) above only on an application to them made in accordance with subsection (5) below.

Regulations made in respect of an application under subsection (2) above shall be made only in respect of the district of the applicant.

Regulations under subsection (1) above may impose requirements on district salmon fishery boards in relation to monitoring and evaluation of the effect of the regulations on salmon stocks.

A board which commits an offence under subsection (6B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Paragraphs F449B to 15 of schedule 1 to this Act shall apply to the making of regulations under subsection (1) above as they apply to the making of the orders or regulations mentioned in those paragraphs; and references to an applicant, and to an application, under paragraph 1 of that schedule shall be construed respectively as references to an applicant, and to an application, under subsection (2) above.

A person shall be guilty of an offence if the person intentionally introduces any live fish or live spawn of any fish into inland waters.

A person shall be guilty of an offence if the person possesses any live fish or live spawn of any fish with the intention of introducing it into inland waters.

The appropriate authority may, in granting consent for the purposes of subsection (3)(b) above, impose conditions or requirements.

It is a defence for a person charged with an offence under subsection (3B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection.

Subsection (4) is subject to provision made in regulations under section 33B of this Act.

Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person who commits an offence under this section may be convicted on the evidence of one witness.

This section applies to the functions of the appropriate authority under section 33A(3)(b) and (3A) of this Act (the “consenting functions”) so far as the functions may be carried out by district salmon fishery boards.

In subsection (2) above, “specified” means specified in regulations under that subsection.

The Scottish Ministers may, in accordance with section 35 of this Act, by order (in this Act referred to as a “designation order”) designate any area as a salmon fishery district, whether or not it includes all or part of an existing salmon fishery district.

A designation order shall provide for the abolition of such salmon fishery districts as are superseded by the district so designated.

Subject to section 37(1) of this Act, a designation order shall specify for the district so designated the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line; and the order may make different provision for different parts of the district.

Paragraphs 1, 2 and F499B to 15 of schedule 1 to this Act shall have effect in relation to the making of designation orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this section “estuary limits” means limits which divide each river including its mouth or estuary from the sea.

The Scottish Ministers may, in relation to any river, and whether or not any such limits have previously been fixed, by order (in this Act referred to as an “estuary limits order”) prescribe limits which shall be the estuary limits for that river.

Paragraphs 3, 4 and F519B to 15 of schedule 1 to this Act shall have effect in relation to the making of an estuary limits order.

Where the estuary limits of any river have been fixed, and after consulting such persons as they think fit, the Scottish Ministers may, by order, change a reference used in describing estuary limits where the suitability of that reference for that purpose has lessened or ceased; but such an order shall not be an estuary limits order.

The annual close time for a salmon fishery district shall be a continuous period of not less than 168 days and shall apply to every mode of fishing for and taking salmon except to the extent that provision is made for periods within that time during which it is permitted to fish for and take salmon by rod and line.

F53Without prejudice to section 38(5)(c) of this Act, the Scottish Ministers may, subject to subsection (1) above, by order (in this Act referred to as an “annual close time order”) prescribe for any district the dates of the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line and they may make different provision for different parts of a district.

An annual close time order may impose requirements on district salmon fishery boards or proprietors of salmon fisheries in relation to monitoring and evaluation of the effect of the order on salmon stocks.

A board which or proprietor who commits an offence under subsection (3B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Paragraphs 5, 6 and F559B to 15 of schedule 1 to this Act shall have effect in relation to the making of orders under this section.

The Scottish Ministers may make regulations under this section if they consider that it is necessary or expedient to do so for the conservation of salmon.

Regulations under this section shall not be taken to be for something other than the conservation of salmon by reason only that they also have effect in relation to the management of salmon fisheries for exploitation.

In considering whether or not it is necessary or expedient to make regulations under this section the Scottish Ministers shall have regard to any representations made to them by any person having an interest in fishing for or taking salmon, or in the environment.

A person who commits an offence under this section may be convicted on the evidence of one witness.

Paragraphs 7 to 15 of schedule 1 to this Act shall have effect in relation to the making of regulations under this section.

Schedule 1 (which makes provision for the making of certain orders and regulations under section 33 and this Part of this Act) shall have effect.

The Scottish Ministers may by order vary the provisions of schedule 1 to this Act.

An order under subsection (2) above may make different provision for different purposes.

Subsection (2) above is without prejudice to section 33(8)(b) of this Act.

A qualified proprietor shall be, for the purposes of this Act, a proprietor of a salmon fishery entered in the valuation roll.

A qualified proprietor shall be an upper proprietor or a lower proprietor for the purposes of this Act according to whether the salmon fishery in question is, respectively, upstream or downstream of a division of a river as defined in subsection (7) or (8) below and, in this Act, “upper proprietor” and “lower proprietor” each means a qualified proprietor.

A person who is a qualified proprietor of one salmon fishery situated above and another situated below a division referred to in subsection (4) above shall be both an upper proprietor and a lower proprietor, whether or not both fisheries are on the same river in the district, and may act in either capacity or in both capacities in accordance with the provisions of this Act.

Subject to subsection (5) above, a qualified proprietor in a salmon fishery district shall not be eligible for election, co-option or appointment to the district salmon fishery board for that district in respect of more than one salmon fishery.

When requested to do so by the district salmon fishery board for the district in which a river is situated, the Scottish Ministers may by order prescribe a point of division on each bank of the river to which the request relates.

Subject to section 5 of the Sheriff Courts (Scotland) Act 1907 (c. 51) (jurisdiction as regards heritable property), the sheriff may, on summary application made by a person whose request to the board to add or remove a name has not been met, order the board to add or remove that name.

A qualified proprietor or an elected member or convener of a district salmon fishery board may at any time authorise a person to act on behalf of such proprietor, member or convener; and such a person is referred to in this Act as a “mandatory”.

A mandatory may as such be elected under schedule 2 to this Act as a representative of qualified proprietors or as convener but, subject to subsection (4) below, a person may not authorise another to act as a co-opted member under this Act nor shall a mandatory be co-opted under section 45(2) of this Act.

A person who is both an upper and a lower proprietor by virtue of section 40(5) of this Act may authorise a person in accordance with this section in either or both of those capacities or may do so in each capacity.

Where a co-opted member is not a natural person, it may authorise a natural person to represent it for the purposes of this Act.

Subject to subsection (4) below, a committee mentioned in subsection (1) above shall cease to be the district salmon fishery board for a district on the expiry of a period of three years from the date of the last meeting of proprietors which elected, in accordance with Part 1 of schedule 2 to this Act, such members as require to be elected under Part 2 of that schedule.

On the coming into force of a designation order the committee within the meaning of this section in respect of a district superseded by the district so designated shall cease to be a district salmon fishery board; and any committee within the meaning of this section which has been constituted in accordance with schedule 2 to this Act in anticipation of the order and in respect of the district designated by the order shall be the district salmon fishery board for that district.

If a committee ceases to be a district salmon fishery board, the assets and liabilities of that board shall be the assets and liabilities of the members of the association for which the committee acts; but, for the purposes of the winding-up of such an association, any assets of the former board remaining after the settlement of the liabilities of the former board shall be distributed amongst all the proprietors in the district who were liable to the fishery assessment immediately before the date on which the committee ceased to be such a board, according to the valuation of each fishery as entered in the valuation roll at that date.

A district salmon fishery board shall not be bound by any direction given to them by the association for which the elected members of the board act as a committee.

There may be a district salmon fishery board for a district whether or not there are any salmon in the waters of that district.

The Scottish Ministers may by order vary the provisions of schedule 2 to this Act.

A district salmon fishery board shall have power to impose an assessment, to be known as the fishery assessment, on each salmon fishery in their district.

The fishery assessment shall be assessed at such uniform rate as is determined for all fisheries in the district by the board and shall be exigible according to the valuation of a fishery as entered in the valuation roll.

Subsections (2) and (3) of section 40 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.

The powers under subsection (5) above to recover arrears of fishery assessment include power to recover interest, chargeable at such rate as the Scottish Ministers shall determine, on such arrears from, in the case of recovery of arrears under subsection (5) above which have been outstanding for at least three months from the date of issue of a notice of assessment, that date until payment or the commencement of an action for payment, whichever is the earlier.

The elected members of a district salmon fishery board shall, in accordance with Part 2 of schedule 2 to this Act, co-opt representatives of salmon anglers and tenant netsmen.

A district salmon fishery board may sue or be sued in the name of their clerk.

References in any enactment to water bailiffs shall include references to water bailiffs appointed under this section.

The first meeting of a district salmon fishery board shall be at the date, time and place determined by the members of the board who were elected at the meeting of qualified proprietors called under paragraph 1 of schedule 2 to this Act but in any case shall be no later than 21 days after that meeting.

A district salmon fishery board shall determine the quorum for their meetings.

No act or proceeding of a district salmon fishery board shall be questioned on account of any vacancy in their membership and no defect in the qualification or appointment of any person acting as a member shall vitiate any proceedings of the board in which that member has taken part.

The minutes of proceedings of district salmon fishery boards shall be signed by the convener and shall be conclusive evidence of the proceedings; and a meeting so minuted shall be presumed to have been duly convened and held and all members thereof to have been duly qualified.

On the written request of any two members of the board, the convener shall be bound to convene a meeting of the board within fourteen days of receiving the request and the clerk shall give notice to each member of the date, time and place of and the agenda for that meeting, and the request mentioned in this subsection may be communicated and stored electronically.

This section applies in relation to the report to be prepared under section 44(1)(a) of this Act by a district salmon fishery board.

Subject to subsection (4) below, the matters to be considered at the annual public meeting are for the board to determine, but must include the final report and statement of accounts required to be prepared under section 44(1).

The reference in subsection (2) above to the final report and audited accounts is to be construed in accordance with section 44(1B) of this Act.

Subject to subsection (6) below, the board must ensure that the business at the meeting is conducted in public.

In the case of a meeting other than the annual public meeting, the board may, if there is a good reason for doing so, decide to conduct the meeting, or to consider any particular item of business, in private.

The board must state reasons for the decision and ensure that the statement of reasons is included in the minute of the meeting.

A district salmon fishery board must maintain, and keep under review, proper arrangements for dealing with complaints made to the board about the way in which the board have carried out, or propose to carry out, their functions under this Act or any other enactment.

The arrangements may make different provision in relation to different categories of complaint or complainant.

A district salmon fishery board must keep records of complaints made to the board about the way in which they have carried out, or propose to carry out, their functions, including information about how each complaint was disposed of.

A district salmon fishery board must maintain, and keep under review, proper arrangements for the registration and declaration of relevant financial interests of members of the board.

A district salmon fishery board must ensure that the register of members' relevant financial interests is made available for public inspection.

An order under subsection (1) above may make only such provision as the Scottish Ministers consider necessary for a purpose specified in subsection (3) below.

An order under subsection (1) above may include incidental, supplemental, consequential, transitional, transitory or saving provision.

In this section, the “good governance requirements” has the same meaning as in section 46A(3) of this Act.

The Scottish Ministers may by order dissolve the committee constituting the board on a date specified in the order.

The dissolution of the committee by an order under subsection (2) above has the same effect in relation to the committee (and the board) as the expiry of the period of three years mentioned in sections 43(3) and 47(1) of this Act.

Accordingly, the references in section 43(3) and 47(1) of this Act to the expiry of the period of three years are to be read, in relation to a committee dissolved by an order under subsection (2) above, as including a reference to the date of dissolution specified in the order.

In this section, the “good governance requirements” has the same meaning as in section 46A(3) of this Act.

The provisions of schedule 2 to this Act, apart from paragraph 1, shall apply to further elections as they apply to the first election of the members.

Without prejudice to subsection (1) above, a member of a district salmon fishery board may resign at any time and a person who ceases to meet the requirements of this Act for membership of a district salmon fishery board shall cease to be a member of that board.

Where a person is both an upper and a lower proprietor by virtue of section 40(5) of this Act, subsection (3) above shall have effect as respects either or each such capacity.

A person authorised by a warrant issued under subsection (1) above to search any premises or any vehicle may search every person who is found in, or whom the person so authorised has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, as the case may be.

No person shall in pursuance of any search authorised by this section be searched except by a person of the same sex.

This section is subject to section 56 of this Act.

A constable who has reasonable grounds for suspecting that an offence against any of the provisions of this Act has been committed, and that evidence of the commission of the offence is to be found in any vehicle, but who considers that by reason of urgency or other good cause it is impracticable to apply for a warrant to search such vehicle, may stop and search that vehicle and any person who is found in, or whom there are reasonable grounds to believe to have recently left or to be about to enter the vehicle.

A constable who has reasonable grounds for suspecting that an offence against any of the provisions of this Act is being committed and that evidence of the commission of the offence is to be found in any premises (other than a dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith) but who considers that by reason of urgency or other good cause it is impracticable to apply for a warrant to search such premises, may search them without warrant.

Any constable may exercise any of the powers conferred on a water bailiff by section 55 of this Act.

No person shall in pursuance of any search authorised by this section be searched except by a person of the same sex.

This section is subject to section 56 of this Act.

This section is subject to section 56 of this Act.

A water bailiff appointed by a district salmon fishery board who has reasonable grounds for suspecting that an offence against any of the provisions of this Act has been committed and that evidence of the commission of the offence is to be found in any vehicle on any private land adjoining any water within the district of the district salmon fishery board by which that bailiff was appointed or any adjoining district or in any stationary vehicle on a road within the meaning of the Roads (Scotland) Act 1984 (c. 54) adjoining such water or such land, may search that vehicle.

Any water bailiff appointed by a district salmon fishery board may exercise in any district adjoining that of the board by which that bailiff was appointed any power which that bailiff may lawfully exercise in the district of such board.

The production by a water bailiff of the instrument of appointment purporting to be signed on behalf of the district salmon fishery board by which that bailiff was appointed, or of any badge or other device indicating such appointment and purporting to be issued by such board, shall be a sufficient warrant for the exercise of any power conferred on such water bailiff by or in pursuance of this Act.

The Scottish Ministers may appoint persons as water bailiffs, and any person so appointed may exercise any of the powers conferred by this Act on water bailiffs appointed by a district salmon fishery board, but only in relation to such district or part of a district as may be specified in the instrument of appointment; and the production of the instrument of appointment purporting to be signed by or on behalf of the Scottish Ministers shall be a sufficient warrant for the exercise of any such power.

It shall be lawful for a water bailiff, without any warrant or other authority than this Act, to seize and detain any person found committing an offence against any provision of this Act and to deliver such person to a constable.

For the purposes of this section and section 54 of this Act “land” includes land covered by water, but does not include a dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith.

This section is subject to section 56 of this Act.

Where an offence under any of the provisions of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with any functions of management as if that person were a director of the body corporate.

Subject to subsection (3) below, anything forfeited under this section shall be disposed of as the court may direct.

Any fish seized under this section as liable to forfeiture may be sold by the person seizing it, and the net proceeds of the sale shall be liable to forfeiture in the same manner as the fish sold.

No person shall be subject to any liability on account of any neglect or failure to exercise the powers conferred by this section.

This section is subject to section 56 of this Act.

Subsection (2) applies where in accordance with a provision mentioned in subsection (3) it is a defence for a person charged with an offence to prove a particular matter.

If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

The provisions in respect of which subsection (2) applies are sections 16, 19, 20 and 30 of this Act.