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Sea Fish (Conservation) Act 1967

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This is the original version (as it was originally enacted).

18Enforcement of orders in relation to salmon and migratory trout

(1)in so far as section 4 of this Act, or any order under section 5 or 6 thereof, imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which, for the purposes of the functions of a river authority relating to fisheries, are included in the area of the river authority, or on landing salmon or migratory trout at a place within a river authority area—

(a)section 67(1)(d) of the [1923 c. 16.] Salmon and Freshwater Fisheries Act 1923 (which confers powers of seizure on water bailiffs) shall apply as if the reference therein to that Act included a reference to this Act, and the references to the said Act of 1923 in subsections (3) and (4) of the said section 67 and in section 79 of that Act (which contain provisions ancillary thereto) shall be construed accordingly as including references to that Act as applied by this subsection ;

(b)the provisions of subsections (1), (3) and (4) of section 111, and subsections (1) to (7) of section 112, of the [1963 c. 38.] Water Resources Act 1963 (which confer powers for the enforcement of that Act) shall apply as if section 4 of this Act, and any order under section 5 or 6 thereof, were an enactment relating to the functions of the river authority.

(2)Where the said section 4, or any order under the said section 5 or 6, imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the district of a district board within the meaning of the [1951 c. 26.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951, or on landing salmon or migratory trout at a place within such a district as aforesaid, any water bailiff, constable or any person appointed by the Secretary of State in pursuance of section 10(5) of the said Act of 1951 may exercise in relation to the contravention of the said section 4 or of any such order any of the powers conferred upon him in relation to a contravention of that Act by the following provisions thereof, that is to say—

(a)sections 11 and 12 (which confer powers of search and arrest); and

(b)sections 10(1)(d) and 20, so far as those provisions relate to the seizure of fish, instruments or articles liable to forfeiture or to the disposal of such fish,

and subsections (3) and (6) of the said section 10 (which contain provisions ancillary thereto) shall apply as if the Acts therein mentioned included a reference to this Act.

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