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Statutory Instruments
SEA FISHERIES
SHELLFISH
Made
8th October 1998
Laid before Parliament
26th October 1998
Coming into force
16th November 1998
Whereas an application for an Order under section 1 of the Sea Fisheries (Shellfish) Act 1967(1) has been made to the Secretary of State, the appropriate Minister(2) by M.F.G. & J.A. Walford;
And whereas the Secretary of State has prepared a draft order and has served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act;
And whereas the applicant caused printed copies of the draft order to be published and circulated and has given notice of the application in accordance with paragraph 2 of that Schedule;
And whereas objections were received by the Secretary of State under paragraph 3 of that Schedule and which he considered to be neither frivolous nor irrelevant and which were not withdrawn;
And whereas the Secretary of State appointed an inspector respecting the proposed order in accordance with paragraph 4(2) of that Schedule and the inspector made an inquiry, held a sitting in accordance with paragraph 4(3) thereof and made a report to the Secretary of State in accordance with paragraph 4(2) of that Schedule stating that in his opinion the proposed order should be made;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 1 of, as read with Schedule 1 to, that Act and of all other powers enabling him in that behalf and with the consent of the Crown Estate Commissioners hereby makes the following Order:
1967 c. 83; section 1 was amended by the Sea Fisheries Act 1968 (c. 77), section 15(2, the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 15, the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3) and is to be read with the Sea Fisheries Act 1968, section 15(3) to (5); Schedule 1 was amended by the Sea Fisheries Act 1968, section 15(7). Scallops and queens were specified for the purpose of section 1 by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I. 1987/218).
The “appropriate Minister” is defined in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 (c. 83).
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