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Scottish Statutory Instruments

2000 No. 36

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) Partial Revocation (No. 5) (Scotland) Order 2000

Made

25th February 2000

Laid before the Scottish Parliament

29th February 2000

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred on them by section 1(1) and (2) and section 24(3) of the Food and Environment Protection Act 1985(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) Partial Revocation (No. 5) (Scotland) Order 2000 and shall come into force at 1700 hours on 25th February 2000.

Interpretation

2.  In this Order “the principal Order” means The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 1999(2).

Partial Revocation of the principal Order

3.  The principal Order is revoked insofar as it designates any part of Areas 1 and 2 described in the Schedule to this Order being areas within the area bearing the letter A described in paragraph 1 of the Schedule to the principal Order.

J R WILDGOOSE

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

25th February 2000

Article 3

SCHEDULEAREA 1

The area of sea lying below high water springs enclosed by a line starting at a point on the west coast of Skye at 57°15'N 6°25.5'W; then west to 57°15'N 7°W; then north to 57°30'N 7°W; then east to Biod an Athair on the west coast of Skye at 57°30'N 6°45'W; then south and east along the Skye shore to the start point.

AREA 2

The area of sea lying below high water springs enclosed by a line starting at a point on the east shore of Skye at Bearreraig Bay on 57°30'N 6°08.9'W; then east to a point on the west shore of Raasay at 57°30'N 5°59.6'W; then south and east along the shore to a point on the south side of Raasay at 57°21'N 6°W; then south to a point on the north shore of Scalpay at 57°19.5'N 6°W; then west, south and east along the shore to a point on the south side of Scalpay at 57°17.3'N 6°W; then south to a point on Skye at 57°16.5'N 6°W; then north and west along the Skye shore to the start point.

Explanatory Note

(This note is not part of the Order)

This Order is the eighth partial revocation of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 1999 (S.S.I. 1999/26) (“the principal Order”) which prohibited–

(a)fishing for or taking scallops within the area designated in the Schedule to that Order (article 4 of the principal Order);

(b)movement of such scallops out of that area (article 5 of the principal Order); and

(c)landing, using in the preparation or processing for supply of food of, supplying and other specified activities in relation to, such scallops from the designated area (article 6 of the principal Order).

The effect of this Order is to remove the prohibitions in respect of the areas of sea designated in the Schedule to this Order, which form part of the area of sea designated as Area A in the Schedule to the principal Order.

(1)

1985 c. 48; section 1(1) and (2) was amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c. 16); section 1(2) defines “designating authority”; section 1(2) was further amended by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756). 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).