Introductory text

Sea Fisheries

Shellfish

Made 15th January 2025

Laid before the Scottish Parliament 17th January 2025

Coming into force 9th March 2025

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1 of the Sea Fisheries (Shellfish) Act 1967^f1 (as read with section 2 and schedule 1 of that Act) and all other powers enabling them to do so.

In accordance with paragraphs 1 and 6 of that schedule^f2, they have prepared a draft of this Order, served a copy of it on the applicant, and had regard to the powers and duties of Crown Estate Scotland.

In accordance with paragraph 2 of that schedule, the applicant caused a draft of this Order to be published and circulated and gave notice of the application.

With regard to paragraph 3 of that schedule, no objections were received and no representations were made in writing to the Scottish Ministers in respect of the draft of this Order.

Annotations

Footnotes

f1: 1967 c. 83 (“the 1967 Act”). Section 1 was amended by the Sea Fisheries Act 1968 (c. 77) (“the 1968 Act”), section 15(2); the Fishery Limits Act 1976 (c. 86), section 9 and schedule 2, paragraph 15; the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3), section 1; the Scotland Act 1998 (Consequential Modification) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and schedule 2, paragraph 42(2)(a) and (b) and 42(10); the Marine and Coastal Access Act 2009 (c. 23), section 203; the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), sections 160(1) and (2) and 161(2); and the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7) (“the 2013 Act”), section 55(1). Section 7(4)(a)(iii) was inserted by the Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000 (asp 12), section 1. Schedule 1 of the 1967 Act was amended by the 1968 Act, section 15(7); by the 2010 Act, sections 160(3), 161(1)(g) and (h) and 161(5), and by the Crown Estate Transfer Scheme 2017 (S.I. 2017/524), schedule 5 paragraph 13.
f2: Paragraph 6(1) of schedule 1 of the 1967 Act was amended by the 2013 Act, section 58(1). Paragraph 6(2) of schedule 1 of the 1967 Act was inserted by the 2010 Act, section 160(3). The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), schedule 5 paragraph 13, requires the Scottish Ministers to have regard to the powers and duties of the person who has the management of the portion of the sea shore that the proposed Order under section 1 of the 1967 Act relates to, if that portion of the sea shore is part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies, as is the case here. The Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36) nominated Crown Estate Scotland (Interim Management) (“CES(IM)”) for the purposes of section 90B(1) of the Scotland Act 1998 (c. 46) to receive the transfer of the existing Scottish functions of the Crown Estate Commissioners under article 3 of the Crown Estate Transfer Scheme 2017 (S.S.I. 2017/524). Section 1 of the Scottish Crown Estate Act 2019 (2019 asp 1) renamed CES(IM) as Crown Estate Scotland.