(1)This Act—
(a)does not apply to the River Tweed, but
(b)applies to so much of the River Esk, with its banks and tributary streams up to their source, as is situated in Scotland,
and in this subsection “the River Tweed” means “the river” as defined by the M1Tweed Fisheries (Amendment) Act 1859 and any byelaw amending that definition.
[F1(1A)In the application of this Act, under subsection (1)(b) above, to the River Esk in Scotland, references to this Act in sections 31 to 33 and section 36 shall be construed as including references to sections 1, 3 and 18 to 20 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act M21951 as applied to that River by section 21 of that Act.]
(2)Where the minimum size of mesh of nets used for taking salmon prescribed by any provision of this Act or by any byelaw in force in any part of the Solway Firth within England is greater than that which may be lawfully used in the part of the Solway Firth within Scotland, the provision or byelaw shall have effect as if the minimum size of mesh so prescribed in relation to the part of the Solway Firth within England were such as may be so lawfully used as aforesaid in the part of the Solway Firth within Scotland.
(3)The limits of the Solway Firth for the purposes of this section shall be determined by the Minister.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
[F3(5)Nothing in this section [F4the Water Resources Act 1991][F5or the Water Act 1989] shall authorise a water authority to take legal proceedings in Scotland in respect of an offence against this Act.]
Textual Amendments
F1S. 39(1A) inserted by Salmon Act 1986 (c. 62, SIF 52:2), s. 26(2)
F2S. 39(4) repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
F4S. 39(5): By Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 30(3) it is provided that after the words "this section" there is substituted (E.W.)(1.12.1991) the words "the Water Resources Act 1991"
F5Words inserted by Water Act 1989 (c. 15, SIF 130), s. 141, Sch. 17 para. 7(1)(10) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), 194(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
Modifications etc. (not altering text)
C1By Salmon Act 1986 (c. 62, SIF 52:2), ss. 32(6)(b), 43(4) it is provided that s. 39(1) is amended (E.W. and as mentioned in the said s. 43(4) (border rivers))
Marginal Citations