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The Fisheries (Amendment) (Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Article 25(3).

SCHEDULE 1PROVISIONS TO BE INSERTED AS SCHEDULE 5A TO PRINCIPAL ACT

Section 170A(1) and (2).

“SCHEDULE 5ARENEWAL OF APPOINTMENTS OF PRIVATE WATER BAILIFFS

1.  Where any person (in this Schedule referred to as “the applicant”) intends to renew the appointment of a private water bailiff, he shall, not less than 6 weeks before the date on which the appointment is to cease to have effect, serve a notice, in such form and containing such particulars as may be prescribed by regulations, on—

(a)the clerk of petty sessions,

(b)the Department, and

(c)the Board.

2.  Where the Department or the Board objects to the renewal of the appointment of a private water bailiff, it shall, within 21 days of receiving a notice under paragraph 1, notify the applicant and the clerk of petty sessions of its objection and of the grounds thereof.

3.  Where, within the time specified in paragraph 2, the clerk of petty sessions has received no notice of an objection under that paragraph, he shall confirm the appointment and endorse the instrument of appointment to that effect.

4.—(1) Where the Department or the Board notifies (or both notify) the applicant that there is an objection to the renewal of the appointment, the applicant may apply to the court for confirmation of the renewal of the appointment.

(2) Subsections (3) and (4) of section 170 shall apply to an application to the court under sub-paragraph (1) in the same manner as they apply to an application under subsection (2) of that section.

5.  In this Schedule—

  • “the applicant” has the meaning given in paragraph 1;

  • “the court” means a court of summary jurisdiction sitting for the petty sessions district (or any such district where there is more than one) within which the private water bailiff is appointed to act and “clerk of petty sessions” shall be construed accordingly.”.

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