OpenLegislation

Section 18 †Penalty for using roe.C2C3C1

Scotland

F1(1)

. . . F2 and every person that shall buy, sell, or expose for sale, or have in his possession, any salmon roe, shall for every such offence be liable to a penalty not exceeding two pounds, and shall forfeit all salmon roe found in his possession; but this F3subsection shall not apply to any person who . . . F4 gives any reason satisfactory to the court by whom he is tried for having the same in his possession.

F5(2)

It shall be a defence for a person charged with an offence under subsection (1) above to prove–

(a)

that the roe had been produced in the course of fish farming within the meaning given by section 33(6) of the Fisheries Act 1981 F6; or

(b)

that he believed on reasonable grounds that it had been so produced.

(3)

Subsection (2) above is without prejudice to the provisions of subsection (1) above relating to the circumstances in which subsection (1) above does not apply.

Annotations

Textual amendments

F1

S. 18 renumbered as s. 18(1) (30.4.1996) by S.I. 1996/1211, art. 2(1)(3)

F2

Words repealed by Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c. 26), Sch. 2

F3

Word in s. 18(1) substituted (31.4.1996) by S.I. 1996/1211, art. 2(1)

F4

Words repealed by Salmon Act 1986 (c. 62, SIF 52:2), s. 41, Sch. 4 para. 3(1)

F5

S. 18(2)(3) added (30.4.1996) by S.I. 1996/1211, art. 2(2)(3)

F6

1981 c.29.

Modifications

C1

S. 18 amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 6, Sch. 2

C2

Unreliable marginal note

C3

S. 18 excluded by Salmon Act 1986 (c. 62, SIF 52:2), ss. 28(2)(b)(iii), 29

Notes on the whole Act

Textual amendments

F1

Preamble (which recites Salmon Fisheries (Scotland) Act 1862 (c. 97), Salmon Fisheries (Scotland) Act 1863 (c. 50) and Salmon Fisheries (Scotland) Act 1864 (c. 118)) omitted under authority of Statute Law Revision Act 1893 (c. 14)

F2

The whole Act (except ss. 1, 11, 15, 18–24, 26, 27, 29, 31–36, 41) (with saving for s. 13) repealed by Salmon Act 1986 (c. 62, SIF 52:2), ss. 30(1), 41, Sch. 5

F3

Act repealed (except in relation to the River Tweed and the Upper Esk) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2),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

F4

Act repealed in relation to the Tweed District (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2 (with art. 1(3))