Salmon Act 1986

40Interpretation

(1)In this Act, unless the context otherwise requires—

• " annual close time order " has the meaning ascribed to it in section 6 (3) of this Act;

• " assessor " means the assessor or depute assessor for a valuation area appointed under section 116 of the [1973 c. 65.] Local Government (Scotland) Act 1973 ;

• " board " and " district salmon fishery board " mean—

  (a)

  the committee of an association of proprietors of salmon fisheries within the meaning of section 14 of this Act; or

  (b)

  a transitional district board within the meaning of section 14(8) of this Act;

• " coastal limits " means the limits of seacoast fixed for a district under section 6(3) of the [1862 c. 97.] Salmon Fisheries person, company or corporation ;

• " designation order" has the meaning ascribed to it in section 1(2) of this Act;

• " district" and " salmon fishery district" mean an area described in section 1(1) of this Act or designated as such by a designation order ;

• " enactment" includes any Act of Parliament, whether public, general, local or private, and any instrument made under any enactment;

• "fishery assessment" has the meaning ascribed to it in section 15(2) of this Act;

• " fishery " and " salmon fishery " means a salmon fishery in any river or estuary or in the sea ;

• " inland waters " has the same meaning as in the [1951 c. 26.] Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;

• " proprietor " means, subject to subsection (3) below, any person, partnership, company or corporation which is the proprietor of a salmon fishery or which receives or is entitled to receive the rents of such fishery on its own account or as trustee, guardian or factor for any Tweed Fisheries Amendment Act 1859, as amended by

• " river " includes tributaries and any loch from or through which any river flows ;

• " River Tweed " means " the River " as defined by the the byelaw made under section 4 of the [1859 c. lxx.] Salmon Fisher-the byelaw made under section 4 of the [1863 c. 50.] Salmon Fisheries (Scotland) Act 1863 ;

• " River Tweed Council" means the council constituted under section 6 of the [1969 c. xxiv.] Tweed Fisheries Act 1969:

• " salmon " means all migratory fish of the species Salmo salar and Salmo trutta and commonly known as salmon and sea trout respectively or any part of any such fish;

• " tenant netsman " means a person in possession of a right, under a lease or sub-lease, of fishing for salmon with nets: and

• " valuation roll" means a roll made up under section 1 of the [19 c. 1.] Local Government (Scotland) Act 1975.

(2)In Part I of this Act, " the Salmon Fisheries (Scotland) Acts 1862 to 1868 " means—

• the [1862 c. 97.] Salmon Fisheries (Scotland) Act 1862 ;

• the [1864 c. 118.] Salmon Fisheries (Scotland) Act 1864 ;

• and the [1868 c. 123.] Salmon Fisheries (Scotland) Act 1868.

(3)In this Act, " proprietor " includes not more than one person authorised by—

(a)in the case of a fishery in which more than one person has a pro indiviso share, such persons; or

(b)in the case of a fishery in which the rights to that fishery are shared by more than one person in any other way, such persons,

but in neither case does it include, except by virtue of this subsection, a person whose right to that fishery is so shared.