A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as rivers, lakes or the coast. The position has existed in many jurisdictions throughout history.
51-622: In Scotland, under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, water bailiffs are appointed by District Salmon Fishery Boards or the Scottish Government is responsible for enforcing laws relating to salmon and trout. Although Police officers have not certainly required powers of entry, search, seizure and arrest under the Act, it remains an offence to obstruct them. Water bailiffs may enter and remain upon land in
102-518: A constable , or the same duties as a fisheries officer/water bailiff, at least initially. However, there are opportunities for the VWBs to become warranted. The GOV.UK blog website said: Volunteers that have demonstrated a strong commitment to the scheme and have the necessary skills, can apply to progress to the second phase. If successful – and following more specialised training in conflict resolution and using legal powers – they will be issued with
153-625: A permanent secretary , two law officers – the Lord Advocate and the Solicitor General for Scotland – who serve as the chief legal advisers to the government, and the chief of staff to the first minister , as well as several other government officials, personal secretaries and advisers to the Scottish Government and the first minister. The head of the Scottish Government is the first minister who also serves as
204-548: A FPN can be issued are those prescribed for the purpose: The means by which a FPN shall be paid, and associated provisions, are contained in section 37A of the Salmon and Freshwater Fisheries Act. A water bailiff and a person appointed by the Secretary of State shall be deemed to be a constable for the purpose of the enforcement of the Salmon and Freshwater Fisheries Act 1975 , or any order or byelaw under it, and to have all
255-573: A breakdown of public spending, the work of senior civil servants in the Scottish Government, including their job titles and salaries, as well as government assessment against objectives in order to highlight how well the government is doing in achieving the targets and objectives it creates through the National Performance Framework and Programme for Government. Additionally, the Freedom of Information (Scotland) Act 2002 gives
306-650: A combination of letters and numbers), similar to a police collar number . They may carry other useful equipment, such as radios, torches and pens. A police constable whose services are provided to the Environment Agency under section 25 of the Police Act 1996 shall have all the powers and privileges of a water bailiff. Volunteer water bailiffs (VWB) have been used increasingly by the Environment Agency . They generally do not have powers of
357-502: A dwelling-house or the curtilage of a dwelling-house, or decoys or lands used exclusively for the preservation of wild fowl. An officer of the Agency, an officer of a market authority (any corporation, local authority, body of trustees or other persons having power to maintain or regulate any market) acting within the area of the jurisdiction of that authority, an officer appointed by the Secretary of State, an officer appointed in writing by
408-495: A fixed penalty offence (see below), may require that person to state his name and address. A person holding a fishing licence for any area may, on production of his licence, require any person who is fishing in that area to produce his licence or other authority to fish and to state his name and address. If any person required to produce his fishing licence or other authority or to state his name and address fails to do so, he shall be guilty of an offence; but if within seven days after
459-617: A majority of MSPs in the Scottish Parliament, where it will then be put to the Monarch to receive royal assent. Once royal assent has been given by the Monarch, the bill becomes a law of the Scottish Parliament and becomes embedded in Scots law. Once a bill is successful in becoming law, the Scottish Government has the responsibility to ensure subordinate legislation, which often comes in the form of Scottish statutory instruments,
510-413: A maximum of 12 months) in writing from the authority, and any person appointed by the Secretary of State, under an order in writing from him (which also lasts for a maximum of 12 months), may at all reasonable times, for the purpose of preventing any offence against the Salmon and Freshwater Fisheries Act 1975 , enter, remain upon and traverse any lands adjoining or near to any waters. This does not include
561-668: A proposal by the Parliament. The Scottish Parliament can legislate on any matter that is not reserved to the Parliament of the United Kingdom . Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers :
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#1732783472843612-1188: A warrant and the equipment to check rod licences. Phase 1 volunteers are unwarranted, 'eyes and ears' bailiffs. Phase 2 volunteers are warranted bailiffs, with powers. The water bailiff was a historical officer in the Isle of Man responsible for enforcing fishing law. Scottish Government Charles III William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP The Scottish Government ( Scottish Gaelic : Riaghaltas na h-Alba , pronounced [ˈrˠiə.əl̪ˠt̪əs nə ˈhal̪ˠapə] )
663-507: Is directly accountable to the Scottish Parliament for their actions and the actions of the wider government and cabinet. The office is held by John Swinney of the Scottish National Party since 7 May 2024. The first minister is supported by the deputy first minister who deputises for the first minister during periods of absence, such as when he is attending overseas visits and international engagements, and may act on
714-583: Is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service , and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of
765-570: Is implemented accordingly so that the new law begins to work and that any additional measures and features can be added in order to make the law work and ensure its effective implementation and operation. The Scottish Government publishes statistics based on the majority of public life in Scotland, including, but not limited to, education, the economy, healthcare, population, death, marriages and births, as well as living standards. The government uses such statistics in order to evaluate its work against
816-719: Is one of the Law Officers of the Crown , and the deputy of the Lord Advocate, whose duty is to advise the Scottish Government on Scots law. They are also responsible for the Crown Office and Procurator Fiscal Service which together constitute the Criminal Prosecution Service in Scotland . Together with the Lord Advocate, the Solicitor General for Scotland is one of the senior legal advisors to
867-519: Is responsible for a number of directorates and agencies of the Scottish Government and are directly accountable for the legislation proposals, as well as implementing government policy into practice. Public bodies (non–ministerial departments of the Scottish Government) are the responsibility of the senior civil servants as opposed to Scottish Government ministers. Fixed penalty notice Too Many Requests If you report this error to
918-412: Is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office. Where on any occasion a water bailiff or other officer of the Environment Agency finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, he may give to that person a fixed penalty notice . The offences for which
969-683: Is supported by the Cabinet Secretariat, based at St Andrew's House . While the Scottish Parliament is in session, Cabinet meets weekly. Normally meetings are held on Tuesday afternoons in Bute House , the official residence of the First Minister . Members of the Scottish Cabinet receive blue despatch boxes for their use while in office. There are currently two sub-committees of cabinet: The Lord Advocate
1020-470: Is the executive arm of the devolved government of Scotland . It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution . Its areas for responsibility of decision making and domestic policy in the country include the economy , education , healthcare , justice and the legal system , rural affairs, housing, the crown estate , the environment,
1071-504: Is the principal legal adviser for both the Scottish Government and the Crown in Scotland on civil and criminal matters that fall within the devolved powers of the Scottish Parliament . The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which
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#17327834728431122-527: The Royal Arms with the Flag of Scotland . The Scottish Government is separate from the Scottish Parliament , with the parliament being made of 129 Members of the Scottish Parliament elected by the electorate of Scotland during Scottish Parliamentary elections. The Scottish Parliament acts as the law making body for devolved matters which fall under the responsibility of the Scottish Government. The work of
1173-545: The Salmon and Freshwater Fisheries Act 1975 . Water bailiffs (sometimes called "fisheries officers" or "fisheries enforcement officers") are generally uniformed. This uniform consists of: The uniform is identified by "Environment Agency" and "Fisheries Officer" patches. Some water bailiffs have been issued with stab vests , expandable batons and handcuffs as a workplace safety measure. Some wear Airwave radios , which can communicate with other emergency services. Most uniforms also include an identification number (usually
1224-559: The Scottish Liberal Democrats . During this period, ministerial appointees were divided into ministers and deputy ministers. The Labour-Liberal Democrat coalition continued under subsequent First Ministers Henry McLeish and Jack McConnell . Following the 2007 Scottish Parliament election , Alex Salmond headed a Scottish National Party administration until his resignation in 2014 and the appointment of his former Deputy First Minister Nicola Sturgeon . Since 2007,
1275-486: The Worshipful Company of Fishmongers , or a police officer may seize any salmon, trout or freshwater fish bought, sold or exposed for sale by, or in the possession for sale of, any person in contravention of the Salmon and Freshwater Fisheries Act. Where from a statement on oath of a water bailiff or any other officer of the Agency, or any person appointed by the Secretary of State, it appears to any justice of
1326-543: The keeper of the Great Seal whilst in office as first minister. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad. In their capacity as Keeper of the Great Seal of Scotland,
1377-738: The lord advocate and the solicitor general for Scotland . Collectively the Scottish Ministers and the Civil Service staff that support the Scottish Government are formally referred to as the Scottish Administration. In 1885, many domestic policy functions relating to Scotland were brought into the responsibility of the Scottish Office , a department of the Government of the United Kingdom which
1428-421: The Act. In England and Wales, water bailiffs are appointed by the Environment Agency (referred to as 'the Agency'). They derive their powers from the Salmon and Freshwater Fisheries Act 1975 . These water bailiffs have the powers of a constable, under the act. Any water bailiff: If any person: they commit an offence. Any water bailiff or other officer of the Agency, under a special order (which lasts for
1479-421: The Agency, or any person appointed by the Secretary of State, or any constable, to: This type of warrant is only valid for one week. If any person, then a water bailiff or a person appointed by the Secretary of State, with any assistants, may "seize" him (in modern-day parlance, " arrest ") without warrant and put him as soon as may be into the custody of a police officer. A water bailiff or other officer of
1530-532: The Scottish Executive has used the name Scottish Government. The change of name was later recognised in United Kingdom legislation by the Scotland Act 2012 . In 2001, former First Minister Henry McLeish had proposed such a change, but experienced some opposition. At the same time that the Scottish Government began to use its new name, a new emblem was adopted. It replaced the use of a version of
1581-441: The Scottish Government, including proposed legislation, policies and activities, is scrutinised by parliament through a variety of different measures such as parliamentary debates, parliament committees and parliamentary questions to the appropriate Cabinet Secretary or government minister. The Scottish Government produces a National Performance Framework which sets out the government's priorities, objectives and overall vision for
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1632-432: The agency, or any constable, may require any person who is fishing, or whom he reasonably suspects of being about to fish or to have within the preceding half-hour fished in any area, to produce his licence or other authority to fish and to state his name and address. A water bailiff or other officer of the Agency who on any occasion finds a person who he has reason to believe is committing, or has on that occasion committed,
1683-675: The agreement of the Scottish Parliament. They need not be members of the Scottish Parliament. In addition to the Scottish Ministers, the Scottish Government is supported by a number of officials drawn from the UK Civil Service . They are collectively referred to as the Scottish Administration in the Scotland Act 1998. According to 2012 reports, there are 16,000 civil servants working in core Scottish Government directorates and agencies. A total of eight director–generals head Scotland's civil service department. Each director–general
1734-510: The country following election. It serves as a means for the Scottish Government to highlight national priorities and provides an opportunity for the government to evaluate its progress towards achieving the objectives as set out in the National Performance Framework. Similarly, the Programme for Government is published annually by the incumbent Scottish Government, and it highlights the governments policies, proposed actions and legislation that
1785-501: The country. Each of the National Outcomes is measured by a number of indicators and associated data sets. The majority of bills proposed to the Scottish Parliament come from the Scottish Government. The process for introducing bills to the parliament for consideration and debate commences with the government publishing and formulating policy. A bill will only become law in Scotland under Scots law once it has been approved by
1836-431: The data to gauge how successful, or unsuccessful, government policy is and whether it is having the desired impact. In order to ensure accountability, the Scottish Government publishes information for public consumption in order to ensure the work of the Scottish Government is accessible and transparent for the public. It commits itself to publishing information in areas relating to the spending of public money and creating
1887-503: The day or night for the purpose of detecting the persons committing the offence. Any justice of the peace upon an information on oath that there is probable cause to suspect any offence against the Salmon and Freshwater Fisheries Act to have been committed on any premises, or any salmon, trout, freshwater fish or eels to have been illegally taken, or any illegal nets or other instruments to be on any premises, by warrant under his hand and seal may authorise any water bailiff or other officer of
1938-402: The fire service , equal opportunities, the transportation network , and tax , amongst others. The Scottish Government consists of the Scottish Ministers, which is used to describe their collective legal functions. The Scottish Government is accountable to the Scottish Parliament , which was also created by the Scotland Act 1998 with the first minister appointed by the monarch following
1989-527: The first minister is one of only a few individuals permitted to fly the Royal Banner of the Royal Arms of Scotland . The first minister is nominated by the Scottish Parliament by fellow MSPs , and is formally appointed by the monarch . The first minister appoints members of the Scottish Cabinet and junior ministers of the Scottish Government. As head of the Scottish Government, the first minister
2040-476: The first ministers behalf during First Minister's Questions in the Scottish Parliament . Whilst serving as deputy first minister, the office holder holds another cabinet position. Currently, Kate Forbes , the Cabinet Secretary for Economy and Gaelic , serves as the deputy first minister. The Scottish Cabinet collectively takes responsibility for policy coordination within the Scottish Government. It
2091-402: The government in Scotland. Whilst the Solicitor General for Scotland supports the Lord Advocate in their functions, the Solicitor General may also exercise their statutory and common law powers when necessary. The incumbent Solicitor General for Scotland is Ruth Charteris KC . The Scottish law officers are appointed by the monarch on the recommendation of the incumbent first minister, with
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2142-438: The government will seek to implement in the forthcoming year. The Scottish Government introduced the first National Performance Framework (NPF) in 2007. This framework acts a means to measure the performance of the government in eleven national outcome areas which include health, poverty, environment and education. Additionally, it creates a pledge and commitment on the aspirations and aims that government wishes to create within
2193-404: The peace that the person making the statement has good reason to suspect that any offence against the Salmon and Freshwater Fisheries Act is being or is likely to be committed on any land situated on or near to any waters, the justice may by order under his hand authorise him, during a period not exceeding 24 hours to be specified in the order, to enter upon and remain on the land during any hours of
2244-418: The production of his licence was so required he produces the licence or other authority at the appropriate office of the Agency he shall not be convicted of an offence under this section for failing to produce it. This law has since been changed. "The appropriate office of the Agency" means: and for the purposes of that subsection where a licence or other authority which any person has been required to produce
2295-435: The provisions of the Act has been committed and that evidence of the commission of the offence is to be found in a vehicle on private land adjoining any water or in a stationary vehicle on a public road adjoining such water or land. They may "seize and detain" any person found committing an offence against the Act and deliver such person to a constable . Water bailiffs cannot enforce protection orders made under Section 48 of
2346-472: The public the right to ask for information relating to the Scottish Government, as well as other public sectors. The Scottish Government consists of a first minister , deputy first minister , nine cabinet secretaries and eighteen other government ministers, collectively for statutory purposes, "the Scottish Ministers ". Cabinet secretaries are senior members of the Scottish Cabinet , whilst
2397-401: The remaining government ministers are junior ministers of the government and act as a deputy to the corresponding cabinet secretary of that department, and support the duties and functions of the cabinet secretary. As junior ministers of the government, ministers do not usually attend the Scottish Cabinet; only the cabinet secretary attends. Additionally, the Scottish Government is supported by
2448-403: The same powers and privileges, and be subject to the same liabilities as a constable duly appointed has, or is subject to by virtue of the common law, or of any statute. The production by a water bailiff, or a person appointed by the Secretary of State, of evidence of his appointment (e.g. a warrant card / ID card ) shall be a sufficient warrant for him exercising the powers conferred on him by
2499-582: The systems of prosecutions in Scotland and is responsible for the investigation of all sudden, suspicious, accidental and unexplained deaths which occur within Scotland. The officeholder is regarded as one of the Great Officers of State of Scotland, with the current Lord Advocate being Dorothy Bain KC , who was nominated by first minister Nicola Sturgeon in June 2021. The Solicitor General for Scotland
2550-430: The vicinity of any river or of the sea coast at any time for the purpose of preventing a breach of the provisions of the Act, or detecting persons guilty of any breach of those provisions. If they wish to enter the vicinity of the sea or coast, they must obtain a warrant from a sheriff or justice of the peace . Water bailiffs may also: They may search stationary vehicles if they believe that an offence against any of
2601-543: Was headed by a Secretary for Scotland, later the Secretary of State for Scotland . Following the 1997 referendum on devolution, many of the functions of the Secretary of State for Scotland were transferred to the Scottish Ministers, accountable to a devolved Scottish Parliament. The first Scottish Executive was formed by First Minister Donald Dewar as a coalition between the Scottish Labour Party and
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