Part II

Other Provisions Applying to Scotland

Exemption from certain offences in respect of certain acts.
27
1
A person shall not, in respect of any act or omission relating to fishing for or taking salmon, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if the act or omission has been exempted by the Secretary of State.
2
The Secretary of State may exempt an act or omission under subsection (1) above only if he is satisfied that—
a
the proprietor of every affected salmon fishery in the salmon fishery district in which the act or omission is to take place, being a salmon fishery entered in the valuation roll; and
b
if there is one, the district salmon fishery board for that district
have previously consented to it; and, in this subsection, “
salmon fishery district
” includes the River Tweed and, in relation to that river, “
district salmon fishery board
” means the River Tweed Council.
3
In subsection (2) above, “
affected
” means appearing to the Secretary of State to be likely to be affected by the exemption.
4
An exemption under this subsection—
a
may relate only to such person as may be specified in it;
b
may be subject to such conditions as may be so specified;
c
shall be in writing;
d
shall specify—
i
the limits of the waters to which it relates;
ii
its duration; and
iii
the enactment to which it relates.
5
In this section, “
enactment
” includes any instrument made after the passing of this Act under any enactment.
S. 27 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 11(4)(5)
Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2