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The Shellfish (Specification of Molluscs and Crustaceans) (Scotland) Regulations 1999

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Scottish Statutory Instruments

1999 No. 139

SEA FISHERIES

SHELLFISH

The Shellfish (Specification of Molluscs and Crustaceans) (Scotland) Regulations 1999

Made

29th October 1999

Coming into force

20th November 1999

The Scottish Ministers, in exercise of the power conferred on them by sections 1(1) and 22(1) of the Sea Fisheries (Shellfish) Act 1967(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Shellfish (Specification of Molluscs and Crustaceans) (Scotland) Regulations 1999 and shall come into force on 20th November 1999.

(2) These Regulations extend to Scotland only.

Specification of molluscs and crustaceans

2.  Crabs, whelks and razorshells are hereby specified for the purposes of section 1(1) of the Sea Fisheries (Shellfish) Act 1967.

JOHN HOME ROBERTSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify crabs, whelks and razorshells as molluscs or crustaceans in relation to which an order may be made under section 1(1) of the Sea Fisheries (Shellfish) Act 1967 (“the 1967 Act”) for the establishment or improvement, and for the maintenance and regulation, of a fishery for shellfish.

Scallops and queens were specified for the purpose of section 1 of the 1967 Act by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I. 1987/218).

(1)

1967 c. 83; relevant amendments to section 1 were made by the Sea Fisheries Act 1968 (c. 77), section 15(2), by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 15 and by the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3), section 1; sections 1(1) and 22(1) were amended by the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 42(2) and 10 respectively. Section 22(1) contains a definition of “the appropriate Minister” which is relevant to the making of these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)

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