OpenLegislation

The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2026

S.S.I. 2026/57 · Made 5 February 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ENVIRONMENTAL PROTECTION

SHELLFISH

WATER

Made 5th February 2026

Laid before the Scottish Parliament 6th February 2026

Coming into force 19th March 2026

The Scottish Ministers make the following Order in exercise of the powers conferred by section 5A(1) and (6) of the Water Environment and Water Services (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with section 5A(2) of that Act, the Scottish Ministers consider it desirable for the areas of coastal water and transitional water designated by this Order to be so designated under section 5A(1) for the protection or development of economically significant shellfish production.

Annotations to the whole text

Footnotes

f1

2003 asp 3. Section 5A was inserted by section 54 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Shellfish Water Protected Areas
  3. 3Amendment of the 2013 Order
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2026 and comes into force on 19 March 2026.

(2)

In this Order—

  • “the 2013 Order” means the Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013f1,

  • “the Act” means the Water Environment and Water Services (Scotland) Act 2003.

2Shellfish Water Protected Areas

(1)

Each area of coastal water or transitional water identified in maps 1 to 15f1 is designated as a shellfish water protected area for the purposes of Part 1 of the Act.

(2)

The maps referred to in paragraph (1) are the maps prepared for the purposes of this Order and laid before the Scottish Parliament in accordance with section 5A(6) of the Act.

3Amendment of the 2013 Order

In article 2(1) of the 2013 Orderf1 (Shellfish Water Protected Areas), for “1 to 84” substitute “1 to 7, 9 to 63, 65 to 71 and 73 to 84”.

Signature

GILLIAN MARTIN

A member of the Scottish Government

St. Andrew's House

Edinburgh

5th February 2026

Explanatory note

(This note is not part of the Order)

Article 2 of this Order designates areas of coastal or transitional water within the Scottish River Basin District as “shellfish water protected areas” (“the designated areas”) for the purposes of Part 1 (protection of the water environment) of the Water Environment and Water Services (Scotland) Act 2003 (“the 2003 Act”).

The designated areas are identified by reference to maps prepared for the purposes of this Order and laid before the Scottish Parliament in accordance with section 5A(6) of the Act. The maps have been published by the Scottish Ministers and are available on their website at www.scotland.gov.uk.

Article 3 of this Order amends article 2(1) of the Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 to omit the areas of coastal water or transitional water identified in maps numbered 8, 64 and 72 as “shellfish water protected areas” for the purposes of the 2003 Act. The areas identified in maps 8, 64 and 72 referred to in article 2(1) of the 2013 Order are included within the designated areas identified in maps 2, 11 and 14 referred to in article 2(1) of this Order.