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Aquaculture and Fisheries (Scotland) Act 2013

Section 55 - Power to make orders as to fisheries for shellfish

152.For the purpose of establishing or improving, and of maintaining and regulating, shellfisheries the Scottish Ministers may make orders known as “several” and “regulating” orders under the Sea Fisheries (Shellfish) Act 1967 (“the 1967 Act”). The 1967 Act allows for orders to be made in the name of a person or body of persons (a grantee) to restrict the right of fishing in a defined area of sea to that person or body. Orders are made in respect of the species of shellfish as are described in the order and remain in force for a set period.

153.Section 55 amends section 1(1) of the 1967 Act to allow for orders to be made for all types of shellfish including those not already listed in subsection (1) of that section and removes the present requirement for regulations to be made each time the Scottish Ministers wish to add a new type of shellfish to the list. The amendment brings the legislation into line in Scotland with that already in place in England and Wales.

154.As a consequence of amending section 1(1), section 15(2) of the Sea Fisheries Act 1968 is repealed.

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