1. This Order may be cited as the Loch Moidart, North Channel, Scallop Several Fishery (Scotland) Order 2000 and shall come into force on 4th July 2000.
2. In this Order–
“the applicant” means the Sea Fish Industry Authority, 18 Logie Mill, 18 Logie Green Road, Edinburgh, EH7 4HG;
“the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order
“the definitive map” means the map prepared in duplicate, each copy of which is signed on behalf of the Scottish Ministers and marked “Map referred to in the Loch Moidart, North Channel, Scallop Several Fishery (Scotland) Order 2000”, one such copy of which is deposited in the principal office of the Scottish Executive Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at Seafish Aquaculture, Ardtoe, Acharacle, Argyll, PH36 4LD; and
“the fishery” means that part of the North Channel of Loch Moidart described in the Schedule to this Order and shown coloured pink on the definitive map.
3. Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 10 years beginning on the date on which this Order comes into force, the right of several fishery for scallops with respect to the whole of the area of the fishery.
4. The right of several fishery granted by article 3 is subject to the restriction that the harvesting of scallops shall be carried out manually by divers.
5. The grantee shall not without the prior written consent of the Scottish Ministers assign or in any other way transfer the right of several fishery to any other person.
6. The grantee shall cause to be clearly marked the limits of the fishery and shall maintain the marks in position and in good repair.
7.—(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
JOHN HOME ROBERTSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
9th June 2000