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The Scotland Act 1998 (River Tweed) Order 2006

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Scotland Act 1998 (River Tweed) Order 2006 No. 2913

The River Tweed Commission

5.—(1) There shall be a body corporate to be known as the River Tweed Commission, (“the Commission”).

(2) The Commission shall comprise–

(a)every proprietor of a specified salmon fishery who has been elected as a proprietary Commissioner in accordance with article 6; and

(b)every person appointed as a representative Commissioner in accordance with article 7.

(3) Property may be held by the Commission in the name of the River Tweed Commission.

(4) Any property, rights or powers held or obligations incumbent upon the Commissioners appointed under the Tweed Acts whether by, under or by virtue of any enactment, rule of law or otherwise shall be transferred to and held by, or as the case may be incumbent upon, the Commission.

(5) Any interest of the Commissioners in any civil proceedings pending before any court or tribunal immediately before the date on which this Order comes into force shall on that date transfer to, and be exercisable by, the Commission.

(6) The Commission may sue or be sued in the name of the clerk or, in the absence of the clerk, of any three named Commissioners.

(7) Proprietary Commissioners holding office as members of the council under section 6 of the Tweed Fisheries Act 1969 shall become proprietary Commissioners under article 6 from the date on which this Order comes into force until the first election held under article 6.

(8) Representative Commissioners appointed under section 5 of that Act shall continue in office from the date on which this Order comes into force as if appointed under article 7.

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