Minor and Consequential Amendments Relating to Fisheries

Schedule 15 – in the House of Commons at 10:45 pm on 28th June 1995.

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Amendments made: No. 78, in page 239, line 10, at end insert— '. After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted—(1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence—

  1. (a) against this Act;
  2. (b) against section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or
  3. (c) which is deemed to be an offence under this Act by virtue of section 211(6) of the Water Resources Act 1991,
which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1)(b) above.(1C) The modifications referred to in subsection (1B) above are—
  1. (a) references in sections 31 to 34 of this Act to "this Act" shall be construed as including references to section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and
  2. (b) in section 33—
    1. (i) references to a justice of the peace shall be construed as including references to a sheriff; and
    2. (ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.".'.
No. 79, in page 239, line 22, at end insert— '. In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words "(1A)" there shall be inserted the words ", (1B), (1C)".'.—[Mr. Atkins.]