1996 No. 1211 (S.122)
The Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996
Made
Coming into force
WHEREAS:
the Secretary of State is of the opinion that the effect of section 18 of the Salmon Fisheries (Scotland) Act 18681 which is the subject of this Order imposes a burden affecting persons in the carrying on of a trade, business, profession or otherwise and that by amending the enactment concerned it is possible to remove or reduce the burden without removing any necessary protection;
he has consulted such organisations as appear to him to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;
it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;
a document setting out the Secretary of State’s proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 19942 and the period for Parliamentary consideration under section 4 of that Act has expired;
the Secretary of State has had regard to the representations made during that period;
a draft of this Order has been laid before Parliament with a statement giving details of such representations and the changes (if any) to the Secretary of State’s proposals in the light of those representations; and
a draft of this Order has been approved by resolution of each House of Parliament.
NOW THEREFORE, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:
Title, commencement and extent1
1
This Order may be cited as the Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996 and shall come into force on the day after the day on which it is made.
2
This Order has the same extent as section 18 of the Salmon Fisheries (Scotland) Act 1868.
Amendment of Salmon Fisheries (Scotland) Act 18682
1
Section 18 of the Salmon Fisheries (Scotland) Act 1868 (buying etc. salmon roe) shall be renumbered as subsection (1) thereof and for the word “section” therein there shall be substituted the word “subsection”.
2
After that subsection there shall be added the following subsections:–
2
It shall be a defence for a person charged with an offence under subsection (1) above to prove–
a
that the roe had been produced in the course of fish farming within the meaning given by section 33(6) of the Fisheries Act 19813; or
b
that he believed on reasonable grounds that it had been so produced.
3
Subsection (2) above is without prejudice to the provisions of subsection (1) above relating to the circumstances in which subsection (1) above does not apply.
3
The amendments made by paragraphs (1) and (2) above shall not apply in relation to offences alleged to have been committed before the coming into force of this Order.
(This note is not part of the Order)