FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 170 Appointment, etc., of private water bailiffs.

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 170

Appointment, etc., of private water bailiffs.

170.(1) Any of the following persons, namely,

(a)any person who by virtue of any fishing rights in any lake or river has an
interest in the preservation of the fish therein; or

(b)any persons who have united themselves into a society for the preservation
of any fishery in any lake or river; or

(c)the owner of any salmon fishery on the sea coast [; or

(d)the licensee under a shell-fish fishery licence; or

(e)any licensees under such licences who have united themselves into a society
for the protection of their shell-fish fisheries;]

(2) A person appointed to be a private water bailiff shall not act in that
capacity until his appointment is confirmed by a court of summary jurisdiction
sitting for the petty sessions district (or any one such district where there
are more than one) within which the private water bailiff is appointed to act.

(3) A person making application under subsection (2) for confirmation of the
appointment of a person as a private water bailiff shall, not less than
fourteen days before the date of the hearing of the application, give notice
in writing of the application to the Board [or, where the appointment was made
by a person such as mentioned in subsection (1)(d) or (e), to the Department],
and the Board [or, as the case may be, the Department] shall be entitled to
appear before the court, be heard and adduce evidence on the hearing of the
application, and may do so by [one of its officers] or by solicitor or
counsel.

(4) The confirmation of the appointment of a person as a private water bailiff
shall be effected by the resident magistrate endorsing the instrument of
appointment.

(5) Where a court of summary jurisdiction has confirmed the appointment of a
person to act as a private water bailiff within the petty sessions district
for which the court sits or within any such districts of which that district
is one, the court upon complaint made to it, may revoke the appointment, and
thereupon the appointment shall be terminated.

(6) When the appointment of a person to be a private water bailiff is
confirmed by a court of summary jurisdiction under subsection (4) or revoked
under subsection (5), the clerk of the court shall notify the Board [or, as
the case requires, the Department] of such confirmation or revocation as soon
as practicable.

(7) An officer of the Board shall be disqualified for appointment as a
private water bailiff.

(8) If any person

(a)acts as a private water bailiff without having his appointment confirmed
under subsection (4); or

(b)so acts after his appointment has been revoked either by a court under
subsection (5) or by his employer;

(9) The powers conferred by this Part on a private water bailiff shall be
exercisable only for the protection of the fishery specified in his instrument
of appointment.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 170