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The Powers of Water Bailiffs and Wardens to Enforce the Salmon and Freshwater Fisheries Acts

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Powers of Water Bailiffs

4. Other authorised persons

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There are some other categories of person who may be authorised by Scottish Ministers or a District Salmon Fishery Board in relation to specific functions under the salmon and freshwater fisheries legislation. These are briefly described below.

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1937 Act, ss.6(2)&10(1)

Diseases of Fish Act 1937

Scottish Ministers may authorise any person as an inspector for the purposes of the Diseases of Fish Act 1937 either generally or for a particular purpose. Such inspectors have a power of entry on land (including land covered by water) for inspecting inland and marine waters and they may take samples of fish, fish-food, water, vegetation etc. It is an offence to obstruct an inspector in the exercise of these duties.

3424

1937 Act, ss.6(4)&10(b)

For the purpose of performing duties under the Diseases of Fish Act 1937, a person authorised in writing by a District Salmon Fishery Board may enter land in the district provided it is not a fish farm. It is an offence to refuse to admit, or intentionally obstruct, such a person in carrying out those duties. This power may be exercised by a water bailiff if so authorised by the Board (but appointment as a bailiff is not itself sufficient authority).

3434

1978 Act, s.2(1)

1978 Act, s.2(2)

1978 Act, s.3(4)

Import of Live Fish (Scotland) Act 1978

While any Order under the Import of Live Fish (Scotland) Act 1978 is in force, any person authorised for that purpose by Scottish Ministers may at all reasonable times enter and inspect any land occupied by a person holding a licence granted under the Act and any other land on which the authorised person has reason to believe that live fish or eggs of a species named in the Order may be found. In this context land includes land covered by water but does not include a dwellinghouse. The authorised person may also seize any fish or fish eggs which he suspects have been imported or are being dealt with contrary to the provisions of the Order or any licence issued under the Act.

3444

1983 Act,

s.7(7)

Diseases of Fish Act 1983

Where an Order is made under section 7 of the Diseases of Fish Act 1983 for the purpose of obtaining information about fish farming with a view to preventing the spread of disease, any person authorised for that purpose by Scottish Ministers may inspect and take copies of any records which are required to be kept under the Order.

3454

S.I. 1997/1881, (amended by S.I. 2001/409 reg 15(3)-(5))

Fish Health Regulations 1997

Scottish Ministers may appoint a person as a veterinary inspector for the purposes of the Fish Health Regulations 1997. Such an inspector has powers to enter land, inspect premises take samples of (or from) fish etc, and examine documents and other records.

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S.I.

1994/1447, regs 2(1) & 11

Diseases of Fish (Control) Regulations 1994

A person may be appointed by Scottish Ministers as an inspector for the purposes of the Diseases of Fish (Control) Regulations 1994. These inspectors have powers to inspect fish farms, take samples and examine documents and other records.

3474

2003 Act, 21(6)(c)

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

Scottish Ministers may appoint a person for the purposes of section 21 of the 2003 Act (packages of salmon or trout to be marked). This is in addition to persons appointed as water bailiffs who also have powers to police the section (see paragraphs 23 and 26 above).

3484

s.50(2) & schd.3, para. 3

Ministers may authorise any person to enter land for the purpose of fixing notices in connection with the making of a Protection Order under section 48 of the 2003 Act.