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SEA FISHERIES

SHELLFISH

Made 10th February 2006

Laid before the Scottish Parliament 10th February 2006

Coming into force 13th March 2006

Whereas an application for an Order under section 1 of the Sea Fisheries (Shellfish) Act 1967f1 has been made to the Scottish Ministers by the Solway Shellfish Management Association;

And whereas the Scottish Ministers have prepared a draft Order and served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act;

And whereas the applicant caused printed copies of the draft Order to be published and circulated, and gave notice of the application, in accordance with paragraph 2 of that Schedule;

And whereas objections and representations were duly made with respect to the proposed Order which the Scottish Ministers considered to be neither frivolous nor irrelevant and which were not withdrawn;

And whereas the Scottish Ministers appointed an inspector to make an inquiry concerning the subject matter of the proposed Order in accordance with paragraph 4 of that Schedule;

And whereas the Scottish Ministers have considered the objections and representations made with respect to the proposed Order and the report made by the inspector;

Now, therefore, the Scottish Ministers, in exercise of the powers conferred by section 1 of the Sea Fisheries (Shellfish) Act 1967 (as read with sections 3 and 4 of, and Schedule 1 to, that Act and with section 15(3) to (5) of the Sea Fisheries Act 1968f2), and of all other powers enabling them in that behalf, with the consent of the Crown Estate Commissionersf3, hereby make the following Order:

Annotations

Footnotes

f1

1967 c. 83. 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; and 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). Schedule 1 was amended by the 1968 Act, section 15(7). The reference to the “appropriate Minister” in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 is to be read as a reference to the Scottish Ministers by virtue of S.I. 1999/1820, Schedule 2, paragraph 42(10).

f2

1968 c. 77.

f3

The consent of the Crown Estate Commissioners is required by the Sea Fisheries (Shellfish) Act 1967, section 1(4) where an order under section 1 of that Act is to be made with respect to any portion of the sea shore which belongs to Her Majesty in right of the Crown.