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The Shetland Islands Regulated Fishery (Scotland) Order 1999

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Scottish Statutory Instruments

1999 No. 194

SEA FISHERIES

SHELLFISH

The Shetland Islands Regulated Fishery (Scotland) Order 1999

Made

20th December 1999

Laid before the Scottish Parliament

23rd December 1999

Coming into force

31st January 2000

Whereas an application for an order under section 1 of the Sea Fisheries (Shellfish) Act 1967(1) was made to the Secretary of State, by the Shetland Shellfish Management Organisation;

And whereas the Secretary of State has prepared a draft Order and served a copy of it on the Organisation in accordance with paragraph 1 of Schedule 1 to that Act;

And whereas the Organisation caused printed copies of the draft Order to be published and circulated, and gave notice of the application, in accordance with paragraph 2 of Schedule 1;

And whereas objections were duly made with respect to the proposed Order which the Secretary of State considered to be neither frivolous nor irrelevant;

And whereas the Secretary of State appointed an inspector to make an inquiry concerning the subject matter of the proposed Order in accordance with paragraph 4 of Schedule 1;

And whereas the functions of the Secretary of State have transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998(2);

Now, therefore, the Scottish Ministers, after considering the objections and representations made with respect to the proposed Order and the report made by the inspector; in exercise of the powers conferred on them by section 1 of, as read with Schedule 1, to that Act, and of all other powers enabling them in that behalf, and with the consent of the Crown Estate Commissioners, hereby make the following Order:

(1)

1967 c. 83; section 1 was amended by the Sea Fisheries Act 1963 (c. 77), section 15(2), the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 15, and the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3), section 1, and is to be read with the Sea Fisheries Act 1968, section 15(3) to (5); Schedule 1 was amended by the Sea Fisheries Act 1968, section 15(7). Scallops and queens were specified for the purpose of section 1 by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I. 1987/218), and crabs, whelks and razorshells were specified for the same purpose by The Shellfish (Specification of Molluscs and Crustaceans) (Scotland) Regulations 1999 S.S.I. 1999/139.

(2)

1998 c. 46. The Scottish Ministers are the “appropriate Minister” as defined in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 as amended by the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 42(10)

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