Introductory text

Sea Fisheries

Made 30th July 2018

Laid before the Scottish Parliament 1st August 2018

Coming into force 29th October 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1 and 7(4)(a)(iii) 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 (Interim Management)^f3.

The applicant has caused printed copies of a draft of this Order to be published and circulated and has given notice of the application in accordance with paragraph 2 of that schedule.

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 relevantly amended by the Fishery Limits Act 1976 (c.86), section 9 and schedule 2, paragraph 15; the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), section 203; the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), section 160(1) and (2) and 161(2); the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7) (“the 2013 Act”), section 55(1); and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and schedule 2, paragraph 42(2)(a) and (b). Section 2 was modified by the Fisheries Act 1981 (c.29), section 34. 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 Sea Fisheries Act 1968 (c.77), section 15(7); the 2009 Act, section 214; the 2010 Act, sections 160(3), 161(1)(g) and (h) and 161(5); the 2013 Act, section 58(1); and Crown Estate Transfer Scheme 2017, schedule 5, paragraph 13 (S.I. 2017/524). The reference to the “appropriate Minister” in section 22(1) of the 1967 Act is to be read as a reference to the Scottish Ministers by virtue of S.I. 1999/1820, schedule 2, paragraph 42(10).
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) and was amended by S.I. 2017/524, schedule 5, paragraph 13.
f3: This Order relates to a portion of the sea shore which belongs to Her Majesty in right of the Crown and which is part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 (c.46) applies. In such a case, paragraph 6(2) of schedule 1 of the 1967 Act requires the Scottish Ministers to have regard to the powers and duties of the person who has the management of the portion. In this case that is Crown Estate Scotland (Interim Management), who is the manager by virtue of paragraph 3 of S.I. 2017/524.