{
  "url": "https://openlegislation.uk/solway-firth-regulated-fishery-scotland-order-2006/note",
  "json_url": "https://openlegislation.uk/solway-firth-regulated-fishery-scotland-order-2006/note.json",
  "legislation": "ssi/2006/57",
  "legislation_title": "The Solway Firth Regulated Fishery (Scotland) Order 2006",
  "legislation_url": "https://openlegislation.uk/solway-firth-regulated-fishery-scotland-order-2006",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order, made under section 1 of the Sea Fisheries (Shellfish) Act 1967 (“the Act”) confers upon the Solway Shellfish Management Association Ltd. (“the Association”) the right of regulating a fishery for cockles in the area of the Solway Firth until 14th September 2011, the end of the fifth full fishing season following the coming into force of this Order.\nThe situation and extent of the area within which the right is conferred is defined in article 2 and is shown, for illustrative purposes only, on the map appended to this note.\nArticle 3 confers upon the Association the right of regulating the fishery.\nArticle 4 confers upon the Association the power, with the consent of the Scottish Ministers, to impose restrictions on and make regulations respecting dredging, fishing for and taking cockles.\nUnder article 5(1) and (2) it is prohibited to dredge, fish for or take cockles without a licence from the Association, or to use a vessel or vehicle for such activity except where the name of the vessel or the registered number of the vehicle is specified in such a licence.\nArticle 5(3) permits fishing for or taking of cockles for personal consumption, by hand, to a limit of 3kg live weight in any 24 hour period.\nArticle 5(4) provides that a licence shall be granted only to the person who applies for it and used only by that person or, in the case of a licence which refers to a vessel or vehicle, by a deputy nominated by the applicant and approved by the Association.\nArticle 5(5) prevents the issue of licences to more than one joint owner of a vessel.\nArticle 5(6) provides that a licence shall be valid for the period specified in the licence, and that this period shall not exceed 12 months.\nArticle 5(7) governs the circumstances in which the Association may limit the number of licences to be issued.\nArticle 5(8) permits licences to authorise the dredging, fishing for or taking of cockles at such times, in such manner and in such parts of the fishery as the Association may determine.\nArticle 5(9) provides that any person dredging, fishing for or taking cockles within the fishery (other than for personal consumption as permitted by paragraph (3) of that article) shall produce the relevant licence when demanded to do so by any officer authorised by the Association, and shall desist from dredging, fishing for or taking cockles until the licence is produced.\nArticle 5(10) makes provision entitling those who have historically worked in the Solway cockle fishery to licences, subject to availability (which may be limited under article 5(7)) and to their meeting the relevant criteria.\nArticle 5(11) makes provision for the removal of this entitlement where the applicant has, in the 24 months preceding his application, twice been convicted of a relevant offence or where, during that period, any licence held under the Order has been cancelled by the Association under section 4(7) of the Act.\nArticle 6 makes provision for the toll payable to the Association in respect of the issue of licences to dredge, fish for or take cockles, and for the variation of this toll with the consent of the Scottish Ministers.\nArticle 7 provides for a royalty to be paid to the Association in respect of cockles caught or taken, and for the variation of this royalty with the consent of the Scottish Ministers.\nArticle 8 gives the Association power to create reserves in the fishery for certain purposes.\nArticle 9 gives the Association power to remove juvenile shellfish from one part of the fishery to another.\nArticle 10 makes provision for the Association to exempt any person from any of the provisions of the Order, for scientific purposes.\nArticle 11 makes provision in connection with accounts of the Association relating to income and expenditure and other information.\nArticle 12 makes provision in connection with the rights of the Crown.\nThe Regulatory Impact Assessment relating to this Order is available from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2006/57/note",
    "retrieved_at": "2026-10-28T22:21:34.444717+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}