The Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996

• Citation: S.I. 1996/1211
• Sections: 2

Section 1 Title, commencement and extent

(1) This Order may be cited as the Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996 and shall come into force on the day after the day on which it is made.

(2) This Order has the same extent as section 18 of the Salmon Fisheries (Scotland) Act 1868.

Section 2 Amendment of Salmon Fisheries (Scotland) Act 1868

(1) Section 18 of the Salmon Fisheries (Scotland) Act 1868 (buying etc. salmon roe) shall be renumbered as subsection (1) thereof and for the word “section” therein there shall be substituted the word “subsection”.

(2) After that subsection there shall be added the following subsections:–

(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 ; 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.

(3) The amendments made by paragraphs (1) and (2) above shall not apply in relation to offences alleged to have been committed before the coming into force of this Order.