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Section 28 Exemption from certain offences in respect of acts done for scientific etc. purposes.C1

Scotland

(F11)

A person shall not, in respect of any act or omission relating to salmon or salmon roe or eggs, be guilty of a contravention of an enactment prohibiting or regulating that act or omission if—

(a)

the act or omission is for—

(i)

some scientific purpose;

(ii)

the purpose of protecting, improving or developing stocks of fish; or

(iii)

the purpose of conserving any creature or other living thing; and

(b)

he has obtained the previous permission in writing—

(i)

if the act or omission is one to which this sub-paragraph applies, of the district salmon fishery board for the salmon fishery district in which it takes place or of the Secretary of State; and

(ii)

in any other case, of the Secretary of State for the act or omission.

(2)

Sub-paragraph (i) of subsection (1)(b) above applies if the act or omission referred to in that sub-paragraph—

(a)

takes place in a salmon fishery district for which there is a district salmon fishery board; and

(b)

is a contravention of—

(i)

section 45 of the M1Tweed Fisheries Act 1857;

(ii)

section 6 of the M2Tweed Fisheries Amendment Act 1859;

(iii)

section 18, 19 or 20 of the M3Salmon Fisheries (Scotland) Act 1868; or

(iv)

section 2 or 4(c) of the M4Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951.

(3)

A permission under subsection (1) above shall specify the act or omission permitted and the enactment to which the permission relates.

(4)

In this section—

(a)

references to a salmon fishery district and to a district salmon fishery board include respectively references to the River Tweed and to the River Tweed Council;

(b)

“enactment” includes any instrument made after the passing of this Act under any enactment.

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Ss. 5-30 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2 and Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2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

1857 c. cxlviii.

M2

1859 c. lxx.

M3

1868 c. 123.

M4

1951 c. 26.

Modifications

C1

S. 28 modified (30.6.1999) by S.I. 1999/1746, arts. 1(1), 11(4)(5)

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Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2