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The Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996

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Statutory Instruments

1996 No. 1211 (S.122)


The Deregulation (Salmon Fisheries (Scotland) Act 1868) Order 1996


29th April 1996

Coming into force

30th April 1996


(a)the Secretary of State is of the opinion that the effect of section 18 of the Salmon Fisheries (Scotland) Act 1868(1) 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;

(b)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;

(c)it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;

(d)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 1994(2) and the period for Parliamentary consideration under section 4 of that Act has expired;

(e)the Secretary of State has had regard to the representations made during that period;

(f)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

(g)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:


1868 c. 123. Section 18 was amended by the Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22) section 6 and Schedule 2 and by the Salmon Act 1986 (c. 62) section 41 and Schedule 4 paragraph 3(1). “Salmon” is defined in section 1A of the 1868 Act (as inserted by the Salmon Act 1986 Schedule 4 para.1) as having the same meaning as in section 40(1) of the 1986 Act.

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