Fisheries Act 1981

38 Fisheries offences on River Tweed

(1) At the end of section 6 of the [1976 c. 22.] Freshwater and Salmon Fisheries (Scotland) Act 1976 (penalties for offences against fisheries enactments) there shall be inserted the following subsections—

“(3) This section, so far as it relates to the enactments specified in subsection (4) below, shall apply to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland.

(4) The enactments referred to in subsection (3) above are—

(a) sections 15(8), 18, 19 and 20 of the Salmon Fisheries (Scotland) Act 1868;

(b) section 1 of the Freshwater Fish (Scotland) Act 1902;

(c) sections 1 to 4, 6, 10(6), 13, 15(2) and 16 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.”

(2) At the end of section 7 of the said Act of 1976 (fish farmers not to be guilty of contravention of certain enactments) there shall be inserted the following subsection—

“(5) This section, so far as it relates to the enactments specified in paragraphs 2, 3, 4, 5(d), 6, 8 and 10 of Schedule 3 to this Act, shall apply to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland.”.

(3) At the end of section 9(1) of the said Act of 1976 (interpretation) there shall be inserted the following definition—

• “' the River Tweed ' means ' the River ' as defined by the Tweed Fisheries Amendment Act 1859, and any bye-law amending that definition.”

(4) At the beginning of section 10(2) of the said Act of 1976 (short title and extent) there shall be inserted the words " Except insofar as this Act otherwise provides, ".