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Section 2 Designation orders.P1P2

Scotland

(1)

F1A designation order shall provide for the abolition of such salmon fishery districts as are superseded by the district so designated.

(2)

A designation order shall provide for the application to the district so designated of such regulations—

(a)

made under section 3 of this Act; or

(b)

made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the M1Salmon Fisheries (Scotland) Act 1862

as the Secretary of State specifies in the order and he may, in such an order, amend regulations made under section 3(2)(d) of this Act or under section 6(6) of that Act in their application under this subsection.

(3)

Subject to section 6(1) of this Act, a designation order shall specify for the district so designated the annual close time and the periods within that time when it is permitted to fish for and take salmon by rod and line; and the order may make different provision for different parts of the district.

(4)

The power under section 1(2) of this Act to make a designation order shall not extend to the River Tweed.

(5)

Schedule 1 shall have effect as to the procedure in the making of a designation order.

(6)

The Secretary of State may by order vary the provisions of Schedule 1 to this Act.

(7)

An order under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1

Ss. 1-3 repealed in part (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

Marginal citations

M1

1862 c. 97.

Subordinate legislation made

P1

S. 2: power previously exercised by S.I. 1988/994, 1989/1869, 1990/324

P2

S. 2: s. 1(2) (with s. 2) power exercised by S.I.1991/2271

Notes on the whole Act

Textual amendments

F1

Act repealed in part (except s. 31) (15.11.2006) by Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2