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The Loch Crinan Scallops Several Fishery Order 2005

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Scottish Statutory Instruments

2005 No. 304

SEA FISHERIES

SHELLFISH

The Loch Crinan Scallops Several Fishery Order 2005

Made

2nd June 2005

Laid before the Scottish Parliament

3rd June 2005

Coming into force

25th June 2005

Whereas an application for an Order under section 1 of the Sea Fisheries (Shellfish) Act 1967(1) has been made to the Scottish Ministers(2), by Scallop Kings (1997) Limited;

And whereas the Scottish Ministers have prepared a draft Order and have served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act;

And whereas the applicant has caused printed copies of the draft Order to be published and circulated and has given notice of the application, all in accordance with paragraph 2 of that Schedule;

And whereas no objections have been received by the Scottish Ministers with respect to the draft Order under paragraph 3 of that Schedule;

Now therefore, the Scottish Ministers in exercise of the powers conferred by sections 1 and 7(4)(a)(iii)(3) 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 1968 (c. 77) (“the 1968 Act”), section 15(2) (and is to be read with section 15(3) to (5) of the 1968 Act), the Fishery Limits Act 1976 (c. 86), section 9 and Schedule 2, paragraph 15, the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3), section 1 and the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 42(2)(a) and (b); Schedule 1 was amended by the 1968 Act, 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).

(2)

The reference to the “appropriate Minister” in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 is to be read as a reference to the Scottish Ministers by virtue of the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 42(10).

(3)

Section 7(4)(a)(iii) was inserted by the Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000 (asp 12).

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