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Scottish Statutory Instruments
Sea Fisheries
Made
4th October 2017
Laid before the Scottish Parliament
6th October 2017
Coming into force
1st December 2017
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 4(1)(a) and (2)(a), 6(1), (2) and (3), 15(3), 20(1) and 22(2) and 22A of the Sea Fish (Conservation) Act 1967(1), sections 7(4) and 18(3) of the Sea Fisheries Act 1968(2), section 30(2) of the Fisheries Act 1981(3) and all other powers enabling them to do so.
1967 c.84 (“the 1967 Act”). Section 4 was amended by the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), schedule 1, paragraph 3(a); and by the Marine and Coastal Access Act 2009 (c.23), sections 4(6) and 197. Section 197 extends to Scotland by virtue of the Marine (Scotland) Act 2010 (asp 5), section 158. Section 6 was amended by the Fisheries Act 1981 (c.29), section 23(2) and (3); by S.I. 1970/1537, schedule 2, paragraph 10; by S.I. 1974/692, articles 2(1) and 5(3) and schedule 1, Part III; and by S.I. 1999/1820, schedule 2, Part I, paragraph 43 and Part IV, paragraph 1. Section 15(3) was substituted by the Sea Fisheries Act 1968 (c.77), section 22(5) and schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c.86), schedule 2, paragraph 16; and by S.I. 1999/1820, schedule 2, Part I, paragraph 43(2)(b). Sections 4, 6, 15(3), 20 and 22(2) of the 1967 Act are modified in relation to Scotland by section 22A(2), (3), (4), (7), (10), (11) and (12) of the 1967 Act. Section 22A was inserted by S.I. 1999/1820, schedule 2, paragraph 43(13) and amended by S.I. 2000/2040, schedule 1, Part I, paragraph 3 and Part III, paragraph 1. Relevant modifications are contained in S.I. 1999/1748, article 5 and S.I. 1999/1756, articles 3, 5 and 6. Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of the 1967 Act, was relevantly amended by the Fisheries Act 1981 (c.29), sections 19(2)(d) and (3) and 45. The definition is modified in relation to Scotland by section 22A(12)(b) of the 1967 Act.
1968 c.77. Section 7 was amended by the Fisheries Act 1981 (c.29), section 46 and schedule 5, Part II; by the Marine and Coastal Access Act 2009 (c.23), section 239; and by S.I. 1999/1820, schedule 2, Part I, paragraph 48(3).
1981 c.29 (“the 1981 Act”); relevant modifications are contained in S.I. 1999/1748, article 5; and S.I. 1999/1756, articles 3, 5 and 6. Definitions of “enforceable Community restriction”, “enforceable EU obligation” and “the Ministers” are contained in section 30(3) of the 1981 Act. Section 30 of the 1981 Act has effect in relation to Scotland as modified by section 30(5) of the 1981 Act (which was inserted by S.I. 1999/1820, schedule 2, paragraph 68(5)(b)).
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