The Scotland Act 1998 (Border Rivers) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes provision in relation to the River Esk by–

(a) preserving functions of Ministers of the Crown in relation to that River in Scotland but making their exercise subject to the agreement of Scottish Ministers;

(b) giving new power to make byelaws for, or in connection with, the conservation, management or exploitation of salmon, trout, eels and freshwater fish in the Upper Esk (as defined in article 1(2)), to the Environment Agency;

(c) creating a new offence of unauthorised fishing in the Lower Esk (as defined in article 1(2));

(d) giving powers to water bailiffs to enforce these new provisions and extending existing powers of water bailiffs and other authorised persons to the whole of the River Esk;

(e) creating new offences applicable to those powers;

(f) defining the extent of waters to the landward of the estuary limits of the River Esk; and

(g) requiring the Environment Agency to send a copy of their annual report to the Scottish Ministers and the Scottish Ministers to lay it before the Scottish Parliament.

This Order makes provision in relation to the River Tweed by allowing the Scottish Ministers to exercise functions under Scottish salmon and freshwater fisheries legislation in relation to so much of that River as is situated outside Scotland, with the agreement of, or after consultation with, the Minister of Agriculture, Fisheries and Food.

The Order makes consequential modifications and makes savings for existing provisions.