OpenLegislation

Section 10 Application of regulations and annual close time orders to the River Tweed

(F11)

The byelaw enacted by section 10 of the M1Salmon Fisheries (Scotland) Act 1868 as Schedule G to that Act, as amended by any other enactment, and so much of section 15 of that Act as relates thereto shall continue to have effect in relation to the River Tweed as it had effect before the commencement of this section.

(2)

Regulations made under section 3 of this Act shall have effect in relation to the River Tweed but the power to make regulations under subsection (2)(d) of that section includes power to except the River Tweed from the application of any such regulation.

(3)

Where such regulations have effect in relation to the River Tweed—

(a)

references to a salmon fishery district shall include references to the River Tweed; and

(b)

references to a district salmon fishery board shall include references to the River Tweed Council

unless the contrary intention appears.

(4)

Subsections (3), (4)(a), (5) and (6) of section 6 and section 8 of this Act shall have effect in relation to the River Tweed with the following modifications—

(a)

references to a salmon fishery district shall include references to the River Tweed;

(b)

references to a district salmon fishery board shall include references to the River Tweed Council

and Schedule 1 to this Act shall, for the purposes of this subsection, be construed accordingly.

(5)

In making an annual close time order in respect of the River Tweed, the Secretary of State may prescribe an annual close time, being a continuous period of not less than 153 days.

(6)

The power to make regulations under—

(a)

section 3(2)(a) of this Act includes power to amend section 12 of the M2Tweed Fisheries Amendment Act 1859;

(b)

section 3(2)(d) of this Act includes power to amend sections 12 and 13 of that Act of 1859; and

(c)

section 3(2)(e) of this Act includes power to amend section 57 of the M3Tweed Fisheries Act 1857; and

(d)

section 8 of this Act includes power to amend section 6 of the Tweed Fisheries Amendment Act 1859

and the power to make an annual close time order in respect of the River Tweed includes power to amend section 6, 10 and 11 of that Act of 1859.

(7)

This section extends to so much of the River Tweed as is situated outwith Scotland.

Annotations

Textual amendments

F1

Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I.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

Marginal citations

M1

1868 c. 123.

M2

1859 c. lxx.

M3

1857 c. cxlviii.

Notes on the whole Act

Textual amendments

F1

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