(1)In so far as [F1any order under section 4, 5 or 6 of this Act], imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which, [F2 are included in the area which by virtue of [F2subsection (7) of section 6 of the Environment Act 1995]] is the area in relation to which [F2the Environment Agency] carries out functions relating to fisheries under the Salmon and Freshwater Fisheries Act M11975 or on landing salmon or migratory trout
[F3(a)section 31(1)(d) of the M2Salmon and Freshwater Fisheries Act 1975 (which confers power of seizure) shall apply as if the reference in it to that Act included a reference to this Act, and sections 36(1) and (2) of that Act, and paragraph 8 of Schedule 4 (all of which contain ancilliary provisions), shall be construed accordingly as including references to that Act as applied by this subsection;]
F4[(b)the provisions of sections 169 and 172 of the Water Resources Act 1991 and, in relation to those sections, of Schedule 20 to that Act (which confer powers of entry) shall apply as if section 4 of this Act, and any order under section 5 or 6 of this Act, were an enactment to which the said sections 169 and 172 applied.]
(2)Where [F5any order under the said section 4, 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 M3Salmon 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 [F6Scottish Ministers] 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.
[F7(3)Where any order under the said section 4, 5 or 6 imposes any prohibition or restriction on fishing for salmon or migratory trout within any waters which form part of the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)), or on landing salmon or migratory trout at a place within that district, the provisions of articles 56 to 61 and 63(3) and (4) of that Order (which relate to enforcement and forfeiture) shall apply in relation to any contravention of the orders mentioned above as they apply in relation to a contravention of that Order.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(4)
F2Words in s. 18(1) substituted (21.9.1995) by 1995 c. 25, s. 105, Sch. 15 para. 6 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3S. 18(1)(a) substituted by Salmon and Freshwater Fisheries Act 1975 (c. 51), s. 42(2)
F4S. 18(1)(b) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 18(b)
F5Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(5)
F6Words in s. 18 substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(10); S.I. 1998/3178, art. 3
F7S. 18(3) inserted (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 para. 1
Marginal Citations