{
  "url": "https://openlegislation.uk/fisheries-act-northern-ireland-1966/section-170",
  "json_url": "https://openlegislation.uk/fisheries-act-northern-ireland-1966/section-170.json",
  "legislation": "apni/1966/17",
  "legislation_title": "Fisheries Act (Northern Ireland) 1966",
  "legislation_url": "https://openlegislation.uk/fisheries-act-northern-ireland-1966",
  "path": "section/170",
  "kind": "section",
  "number": "170",
  "heading": "Appointment, etc., of private water bailiffs.",
  "text": "(1) Any of the following persons, namely,\n(a) any person who by virtue of any fishing rights in any lake or river has an interest in the preservation of the fish therein; or\n(b) any persons who have united themselves into a society for the preservation of any fishery in any lake or river; or\n(c) the owner of any salmon fishery on the sea coast [; or\n(d) the licensee under a shell-fish fishery licence; or\n(e) any licensees under such licences who have united themselves into a society for the protection of their shell-fish fisheries;]\nmay by instrument in writing in the form set out in Schedule 5 appoint any person (other than a person disqualified under subsection (7)) to be a private water bailiff for the protection of the fisheries in any such lake or river or the tributaries thereof, or on such part of the sea coast [ or for the protection of that shell-fish fishery or those shell-fish fisheries.]\n(2) A person appointed to be a private water bailiff shall not act in that capacity until his appointment is confirmed by a court of summary jurisdiction ....\n(3) A person making application under subsection (2) for confirmation of the appointment of a person as a private water bailiff shall, not less than fourteen days before the date of the hearing of the application, give notice in writing of the application to . . . . . . the Department, and . . . [ the Department] shall be entitled to appear before the court, be heard and adduce evidence on the hearing of the application, and may do so by [ one of its officers] or by solicitor or counsel.\n(4) The confirmation of the appointment of a person as a private water bailiff shall be effected by the resident magistrate endorsing the instrument of appointment.\n(5) Where a court of summary jurisdiction has confirmed the appointment of a person to act as a private water bailiff a court of summary jurisdiction upon complaint made to it, may revoke the appointment, and thereupon the appointment shall be terminated.\n(5A) Where a person who has appointed a private water bailiff revokes that appointment, that person shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions ....\n(6) Where—\n(a) the appointment of a person as a private water bailiff has been confirmed under subsection (4) or revoked under subsection (5), or\n(b) notice of the revocation of such an appointment has been received under subsection (5A),\nthe clerk of the court shall notify the Department . . . of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7A) Any person or society mentioned in paragraphs (a) to (e) of subsection (1) who employs any person to act as a private water bailiff shall, before 31st January in each year, make to the Department a return in such form and containing such information as may be prescribed by regulations .\n(7B) The Department shall maintain a register of the names and addresses of those who are entitled to act as private water bailiffs.\n(7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) If any person—\n(a) acts as a private water bailiff without having his appointment confirmed under subsection (4); or\n(b) so acts after his appointment has been revoked either by a court under subsection (5) or by his employer; or\n(c) fails to serve written notice under subsection (5A) within the time specified in that subsection; or\n(d) fails to make a return to the Department under subsection (7A) by the date specified in that subsection;\nhe shall be guilty of an offence [ and shall be liable on summary conviction to a fine not exceeding £200].\n(9) The powers conferred by this Part on a private water bailiff shall be exercisable only for the protection of the fishery specified in his instrument of appointment.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "1981 NI 7"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 170(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 58(1)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 170(3) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(30), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "1991 NI 13"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "1981 NI 7"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 170(5) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 58(1)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 170(5A) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 58(1)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 170(6) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(31)(a), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "S. 170(7) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(31)(b), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "S. 170(7A)(7B)(8)(d): words in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "S. 170(7A): word in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(c) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "S. 170(7C) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(31)(b), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "1981 NI 7"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/apni/1966/17/section/170",
    "retrieved_at": "2026-10-29T21:32:15.701581+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}