The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2012

Scottish Statutory Instruments

2012 No. 4

Sea Fisheries

Conservation Of Sea Fish

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2012

Made

10th January 2012

Laid before the Scottish Parliament

12th January 2012

Coming into force

14th February 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 5(1)(a)(iii) and 15(3) of the Sea Fish (Conservation) Act 1967(1) and all other powers enabling them to do so.

(1)

1967 c.84 (“the 1967 Act”); section 5(1) was substituted by the Marine and Coastal Access Act 2009 (c.23), section 198(2), which extends to Scotland by virtue of the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), section 158(1). Section 15(3) of the 1967 Act was substituted by the Sea Fisheries Act 1968 (c.77), section 22(5), Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c.86), Schedule 2, paragraph 16(1) and the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(2)(b). Sections 5 and 15(3) of the 1967 Act are modified in relation to Scotland by section 22A(2), (6) and (10) of that Act. Section 22A was inserted by S.I. 1999/1820, Schedule 2, paragraph 43(13) and section 22A(6) was substituted by section 159(4) of the 2010 Act. Relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of section 15(3), was amended by the Fisheries Act 1981 (c.29), sections 19(2)(d) and (3) and 45. The definition was modified in relation to Scotland by section 22A(12)(b) of the 1967 Act.