# The Scalpay Island, Isle of Skye, Scallops Several Fishery Order 2018, Note: Explanatory note


(This note is not part of the Order)
This Order confers on M.F.G & J.A. Walford (“the applicant”) for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for scallops in part of the sea bed lying off the east coast of Scalpay Island, Isle of Skye (article 3). The part of the seabed at the island of Scalpay, near the Isle of Skye, to which the Order applies is described in the schedule of the Order. The location of the area to which the Order applies is also shown on the indicative map, one copy of which is held in the principal office of Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and another of which is held by the applicant at Scalpay House, Broadford, Isle of Skye, IV49 9BS. A representation of the indicative map is appended to this note for illustrative purposes.
By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967, article 3 of this Order confers on the applicant the exclusive right to deposit, propagate, fish for and take scallops within the area, subject to certain restrictions.
Article 4 of the Order requires the harvesting of scallops under the right of several fishery to be carried out manually by divers.
Article 5 of the Order prohibits the assignation or other transfer of the right of several fishery without the prior written consent of the Scottish Ministers.
Article 6 of the Order requires the limits of the area to be clearly marked and maintained on the bed and surface of the sea.
Article 7 provides that the effect of the Order does not prejudicially affect the rights of the Crown.
Article 8 revokes the Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998 (the right of several fishery it conferred expired on 15th November 2003).
A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/ssi/2018/245/note (the official version)
Page: https://openlegislation.uk/scalpay-island-isle-of-skye-scallops-several-fishery-order-2018/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.