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Part 7General

67Application of this Act to the Crown

(1)Subject to such modifications as may be prescribed by regulations made by the Scottish Ministers, Parts 2, 3 and 4 of this Act shall apply to land—

(a)an interest in which belongs to Her Majesty in right of the Crown;

(b)an interest in which belongs to a government department or the Scottish Administration; or

(c)which is held in trust for Her Majesty for the purposes of a government department or the Scottish Administration,

and, for the purposes of this section, “land” includes salmon fisheries.

(2)Except as provided in subsection (1) above, this Act shall not apply to the Crown.

68Orders and regulations

(1)Any power of the Scottish Ministers to make an order or regulations under this Act shall be exercised by statutory instrument.

(2)Subject to subsections (3) and (4) below, a statutory instrument containing any order or regulations under this Act shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3)Subsection (2) above does not apply to regulations or orders under sections—

(a)33(1) (specific prohibitions of baits and lures);

(b)34(2) (designation orders);

(c)34(3) (orders ancillary to designation orders);

(d)36(3) (estuary limits orders);

(e)36(5) (orders ancillary to estuary limits orders);

(f)37(3) (annual close time orders);

(g)40(8) (division between upper and lower proprietors);

(h)48(1) (protection orders);

(i)71(2) (commencement orders),

of this Act.

(4)No regulations are to be made under section 31(4)(c) of this Act unless a draft has been laid before, and approved by resolution of, the Parliament.

69Interpretation

(1)In this Act, unless the context otherwise requires—

(2)References to an occupier of a right of fishing for freshwater fish are references to a person who is in possession of that right as tenant under a lease of land to which such a right pertains or under a contract which by virtue of section 66 of this Act is deemed to be a lease and, for the purposes of this subsection “tenant” and “lease” include “subtenant” and “sublease” respectively.

(3)In this Act, “proprietor” includes not more than one person authorised by—

(a)in the case of a fishery in which more than one person has a pro indiviso share, such persons; or

(b)in the case of a fishery in which the rights to that fishery are shared by more than one person in any other way, such persons;

but in neither case does it include, except by virtue of this subsection, a person whose right to that fishery is so shared.

70Consequential amendments, repeals and revocations

(1)The Acts mentioned in Part 1 of schedule 4 to this Act shall have effect subject to the amendments mentioned in that Part, being amendments consequential upon the provisions of this Act.

(2)The enactments mentioned in the first column of Part 2 of schedule 4 to this Act are repealed or revoked to the extent mentioned in the second column of that Part, except in so far as they apply to the River Tweed or the Upper Esk.

71Short title, commencement and extent

(1)This Act may be cited as the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.

(2)This Act (except this section) shall come into force on such date as the Scottish Ministers may by order made by statutory instrument appoint.

(3)This Act does not apply to the River Tweed.

(4)This Act does not apply to the Upper Esk.

(5)Section 6 of this Act does not apply to the Lower Esk.

(6)For the purposes of this section and section 70 of this Act—