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The Scotland Act 1998 (River Tweed) Order 2006

S.I. 2006/2913 · Made 14 November 2006

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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—

(a)

laid before and approved by a resolution of each House of Parliament; and

(b)

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

1998 c.46.

Contents

  1. Part 1: ADMINISTRATION
  2. 1Citation, commencement, application and extent
  3. 2Definition of the Tweed district
  4. 3Definition of Estuary Limits
  5. 4Interpretation
  6. 5The River Tweed Commission
  7. 6Election of Proprietary Commissioners
  8. 7Representative Commissioners
  9. 8Chief Commissioner and Deputy
  10. 9Functions of the Commission
  11. 10Application of the seal
  12. Officers and Employees
  13. 11Officers and employees
  14. Meetings of the Commission
  15. 12Meetings of the Commission
  16. 13Quorum at Commission meetings
  17. 14Votes at Commission meetings
  18. 15Expenses
  19. Valuation and Finance
  20. 16Valuation
  21. 17Information for valuation
  22. 18Fishery Assessment
  23. 19Enforcement
  24. 20Annual report
  25. Miscellaneous
  26. 21Power to conduct inquiries and to obtain information
  27. Part 2: METHODS OF FISHING AND OFFENCES RELATED TO FISHING
  28. Methods of fishing
  29. 22Methods of fishing: salmon
  30. 23Methods of fishing: freshwater fish
  31. 24Use of landing net
  32. 25Definition of “rod and line”
  33. Offences related to fishing for salmon and freshwater fish
  34. 26Prohibition against using explosive and other noxious substances for the destruction of fish
  35. 27Fishing for salmon without right or permission
  36. 28Illegal fishing by two or more persons acting together
  37. 29Taking of dead fish
  38. 30Illegal possession of salmon or trout
  39. 31Removal of obstructions
  40. 32Offences in relation to passage of salmon
  41. 33Fishing in waters where fishing rights owned by one person
  42. 34Contravention of protection order
  43. Close times for salmon
  44. 35Weekly close time for salmon
  45. 36Annual close time for salmon
  46. 37Fishing for salmon during annual close time
  47. 38Removal of boats and nets during annual close time
  48. 39Buying and selling salmon in annual close time
  49. Close time for trout
  50. 40Annual close time for trout
  51. Offences relating to sale, purchase and possession of salmon and trout
  52. 41Unclean salmon
  53. 42Salmon roe
  54. 43Possessing salmon which have been illegally taken, killed or landed
  55. 44Packages of salmon or trout to be marked
  56. 45Size limit for trout
  57. 46Young salmon and spawning beds
  58. 47Unauthorised introduction of fish or fish eggs into certain waters
  59. Exemptions
  60. 48Exemption from certain offences of acts done for scientific and other purposes: salmon
  61. 49Exemption from certain offences in respect of acts done for scientific and other purposes: fish other than salmon
  62. 50Exemption from certain offences in respect of certain acts in relation to salmon
  63. 51Exemptions in relation to fish farming
  64. Regulation of fisheries
  65. 52General orders
  66. 53Salmon fishing: orders as to baits and lures
  67. Conservation measures
  68. 54Salmon conservation orders
  69. Procedures
  70. 55Procedure for making certain orders
  71. Part 3: ENFORCEMENT
  72. Powers of constables and water bailiffs
  73. 56Grant of warrant to search premises or vehicles
  74. 57Powers of constables
  75. 58Powers of constables and water bailiffs to enter land
  76. 59Powers of water bailiffs
  77. Further provision as to offences
  78. 60Offences by bodies corporate
  79. 61Offences in relation to obstruction
  80. Powers of court
  81. 62Power of court in trial for an offence to convict of another
  82. 63Forfeiture
  83. 64Defences
  84. 65Jurisdiction in respect of offences committed on sea coast or at sea
  85. 66Jurisdiction
  86. 67Disqualification of justices
  87. Part 4: PROVISIONS APPLICABLE ONLY IN SCOTLAND
  88. Administration of freshwater fisheries
  89. 68Increased availability of, and protection for, freshwater fishing
  90. 69Appointment of wardens to secure compliance with protection order
  91. 70Powers of entry and obstruction of wardens etc.
  92. 71Financial contributions towards organisations developing freshwater fisheries
  93. Miscellaneous
  94. 72Licensing and regulation of salmon dealing
  95. 73Application of Leases Act 1449
  96. Part 5: PROVISION APPLICABLE ONLY IN ENGLAND AND WALES
  97. 74Power of Commission to prosecute in England and Wales
  98. Part 6: GENERAL
  99. 75Application of this Order to the Crown
  100. 76Consequential amendments, repeals, revocations and transitional provisions
  101. 77Orders
  102. Signature
  103. Schedule 1REPRESENTATIVE COMMISSIONERS
  104. Schedule 2: ESTUARY LIMITS ORDERS, ANNUAL CLOSE TIME ORDERS AND SALMON CONSERVATION ORDERS
  105. 1Estuary limits orders
  106. 2Estuary limits orders
  107. 3Annual close time orders
  108. 4Annual close time orders
  109. 5Salmon conservation orders
  110. 6Salmon conservation orders
  111. 7Salmon conservation orders
  112. 8Common provisions with respect to orders
  113. 9Common provisions with respect to orders
  114. 10Common provisions with respect to orders
  115. 11Making of annual close time, estuary limits or salmon conservation order
  116. 12Making of annual close time, estuary limits or salmon conservation order
  117. 13Making of annual close time, estuary limits or salmon conservation order
  118. 14Making of annual close time, estuary limits or salmon conservation order
  119. Schedule 3: PROVISIONS AS TO MAKING, VARIATION AND REVOCATION OF PROTECTION ORDERS
  120. 1Making of protection order
  121. 2Making of protection order
  122. 3Making of protection order
  123. 4Making of protection order
  124. 5Making of protection order
  125. 6Making of protection order
  126. 7Making of protection order
  127. 8Variation of protection order
  128. 9Revocation of protection order
  129. 10Publication of orders
  130. Schedule 4: CONSEQUENTIAL AMENDMENTS, REPEALS AND REVOCATIONS
  131. Part 1: CONSEQUENTIAL AMENDMENTS
  132. 1Sea Fish (Conservation) Act 1967 (c.84)
  133. 2Salmon and Freshwater Fisheries Act 1975 (c.51)
  134. 3Inshore Fishing (Scotland) Act 1984 (c.26)
  135. 4Scotland Act 1998 (c.46)
  136. 2REPEALS AND REVOCATIONS
  137. Explanatory note