- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Tweed Fisheries Amendment Act 1859, Section XIII.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F1It shall not be lawful to shoot, draw or use in the river any net of which the meshes shall be less than 90mm] (except Nets which shall be used solely for the taking of Herrings or Shrimps, and Nets which shall be used solely for the Purpose of landing Fish taken with the Rod and Line); [F2which mesh size shall be measured in accordance with Commission Regulation (EEC) No 2108/84 (which lays down detailed rules for determining the mesh size of fishing nets) except that in the case of square mesh netting (that is to say netting mounted so that of the 2 sets of parallel lines formed by the mesh bars one set is parallel to and the other at right-angles to the long axis of the net) the method set out in article 2(1) and (4) of the said Commission Regulation shall not be used but instead the net shall be stretched in the direction of each diagonal of the mesh and the measurement shall be taken of each stretched diagonal and the size of the mesh shall be taken to be the average of those 2 measurements, each such measurement being the width of the gauge at the point where the gauge is stopped when using the gauge in accordance with article 2(2) and (3) of the said Commission Regulation;] and every Person who shoots, draws, or uses in the River, or has in his Possession within Five Miles of the River, any Net adapted for taking or killing Fish with Meshes of smaller Dimensions than those above specified (except as aforesaid), or shoots, draws, or uses any double Net, shall for every such Offence be liable to a Penalty not exceeding [F3F4£25][F4level 1 on the standard scale], and an additional Penalty of [F5F650p][F6level 1 on the standard scale] for each Salmon taken by means of such illegal Net or double Net, and every such illegal Net and every Salmon so taken may be seized and forfeited.
Textual Amendments
F1Words in s. XIII substituted (1.1.1993) by S.I. 1992/1974, reg. 10(2)(a)
F2Words in s. XIII inserted (1.1.1993) by S.I. 1992/1974, reg. 10(2)(b)
F3Words substituted by virtue of (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8) and (E.W.) Criminal Law Act 1977 (c. 45), s. 31.(5)(6)(9)
F4Words “level 1 on the standard scale” substituted (E.W.S.) for words “£25” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F5Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F6Words “level 1 on the standard scale” substituted (E.W.S.) for words “50p” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Modifications etc. (not altering text)
C1S. XIII amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 7, Sch. 3 Pt. I para. 3
C2S. XIII: power to amend conferred by Salmon Act 1986 (c. 62, SIF 52:2), ss. 3(2)(d), 10(6)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.