The Scotland Act 1998 (River Tweed) Order 2006
S.I. 2006/2913 · Made 14 November 2006
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
river, scotland
river, england and wales
Made 14th November 2006
Coming into force 15th November 2006
At the Court at Buckingham Palace, the 14th day of November 2006
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by sections 111, 112(1) and 113 of the Scotland Act 1998f1.
In accordance with section 115 of, and paragraphs l and 2 of Schedule 7 to, that Act, a draft of this Order was—
laid before and approved by a resolution of each House of Parliament; and
laid before and approved by a resolution of the Scottish Parliament.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: ADMINISTRATION
- 1Citation, commencement, application and extent
- 2Definition of the Tweed district
- 3Definition of Estuary Limits
- 4Interpretation
- 5The River Tweed Commission
- 6Election of Proprietary Commissioners
- 7Representative Commissioners
- 8Chief Commissioner and Deputy
- 9Functions of the Commission
- 10Application of the seal
- Officers and Employees
- 11Officers and employees
- Meetings of the Commission
- 12Meetings of the Commission
- 13Quorum at Commission meetings
- 14Votes at Commission meetings
- 15Expenses
- Valuation and Finance
- 16Valuation
- 17Information for valuation
- 18Fishery Assessment
- 19Enforcement
- 20Annual report
- Miscellaneous
- 21Power to conduct inquiries and to obtain information
- Part 2: METHODS OF FISHING AND OFFENCES RELATED TO FISHING
- Methods of fishing
- 22Methods of fishing: salmon
- 23Methods of fishing: freshwater fish
- 24Use of landing net
- 25Definition of “rod and line”
- Offences related to fishing for salmon and freshwater fish
- 26Prohibition against using explosive and other noxious substances for the destruction of fish
- 27Fishing for salmon without right or permission
- 28Illegal fishing by two or more persons acting together
- 29Taking of dead fish
- 30Illegal possession of salmon or trout
- 31Removal of obstructions
- 32Offences in relation to passage of salmon
- 33Fishing in waters where fishing rights owned by one person
- 34Contravention of protection order
- Close times for salmon
- 35Weekly close time for salmon
- 36Annual close time for salmon
- 37Fishing for salmon during annual close time
- 38Removal of boats and nets during annual close time
- 39Buying and selling salmon in annual close time
- Close time for trout
- 40Annual close time for trout
- Offences relating to sale, purchase and possession of salmon and trout
- 41Unclean salmon
- 42Salmon roe
- 43Possessing salmon which have been illegally taken, killed or landed
- 44Packages of salmon or trout to be marked
- 45Size limit for trout
- 46Young salmon and spawning beds
- 47Unauthorised introduction of fish or fish eggs into certain waters
- Exemptions
- 48Exemption from certain offences of acts done for scientific and other purposes: salmon
- 49Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon
- 50Exemption from certain offences in respect of certain acts in relation to salmon
- 51Exemptions in relation to fish farming
- Regulation of fisheries
- 52General orders
- 53Salmon fishing: orders as to baits and lures
- Conservation measures
- 54Salmon conservation orders
- Procedures
- 55Procedure for making certain orders
- Part 3: ENFORCEMENT
- Powers of constables and water bailiffs
- 56Grant of warrant to search premises or vehicles
- 57Powers of constables
- 58Powers of constables and water bailiffs to enter land
- 59Powers of water bailiffs
- Further provision as to offences
- 60Offences by bodies corporate
- 61Offences in relation to obstruction
- Powers of court
- 62Power of court in trial for an offence to convict of another
- 63Forfeiture
- 64Defences
- 65Jurisdiction in respect of offences committed on sea coast or at sea
- 66Jurisdiction
- 67Disqualification of justices
- Part 4: PROVISIONS APPLICABLE ONLY IN SCOTLAND
- Administration of freshwater fisheries
- 68Increased availability of, and protection for, freshwater fishing
- 69Appointment of wardens to secure compliance with protection order
- 70Powers of entry and obstruction of wardens etc.
- 71Financial contributions towards organisations developing freshwater fisheries
- Miscellaneous
- 72Licensing and regulation of salmon dealing
- 73Application of Leases Act 1449
- Part 5: PROVISION APPLICABLE ONLY IN ENGLAND AND WALES
- 74Power of Commission to prosecute in England and Wales
- Part 6: GENERAL
- 75Application of this Order to the Crown
- 76Consequential amendments, repeals, revocations and transitional provisions
- 77Orders
- Signature
- Schedule 1REPRESENTATIVE COMMISSIONERS
- Schedule 2: ESTUARY LIMITS ORDERS, ANNUAL CLOSE TIME ORDERS AND SALMON CONSERVATION ORDERS
- 1Estuary limits orders
- 2Estuary limits orders
- 3Annual close time orders
- 4Annual close time orders
- 5Salmon conservation orders
- 6Salmon conservation orders
- 7Salmon conservation orders
- 8Common provisions with respect to orders
- 9Common provisions with respect to orders
- 10Common provisions with respect to orders
- 11Making of annual close time, estuary limits or salmon conservation order
- 12Making of annual close time, estuary limits or salmon conservation order
- 13Making of annual close time, estuary limits or salmon conservation order
- 14Making of annual close time, estuary limits or salmon conservation order
- Schedule 3: PROVISIONS AS TO MAKING, VARIATION AND REVOCATION OF PROTECTION ORDERS
- 1Making of protection order
- 2Making of protection order
- 3Making of protection order
- 4Making of protection order
- 5Making of protection order
- 6Making of protection order
- 7Making of protection order
- 8Variation of protection order
- 9Revocation of protection order
- 10Publication of orders
- Schedule 4: CONSEQUENTIAL AMENDMENTS, REPEALS AND REVOCATIONS
- Part 1: CONSEQUENTIAL AMENDMENTS
- 1Sea Fish (Conservation) Act 1967 (c.84)
- 2Salmon and Freshwater Fisheries Act 1975 (c.51)
- 3Inshore Fishing (Scotland) Act 1984 (c.26)
- 4Scotland Act 1998 (c.46)
- 2REPEALS AND REVOCATIONS
- Explanatory note