The Scotland Act 1998 (River Tweed) Order 2006

Salmon fishing: orders as to baits and lures

53.—(1) Without prejudice to article 54(5)(b) and subject to the provisions of this article, the Scottish Ministers may make orders prohibiting the use of specified baits and lures in the case of fishing for salmon.

(2) The Scottish Ministers may make orders under paragraph (1) only on an application to them made in accordance with paragraph (3) by the Commission.

(3) An application under this article shall be accompanied by the Commission’s written proposals which shall state—

(a) the baits and lures the use of which it is proposed should be prohibited;

(b) the places to which and the times during which the proposed orders should apply; and

(c) the reasons for the proposals,

and the application and proposals mentioned in this paragraph may be communicated and stored electronically.

(4) Orders under paragraph (1) shall specify, subject to such exceptions as may be provided therein, all or any, or a combination, of the following:—

(a) baits and lures or classes of baits or lures, the use of which is prohibited;

(b) times when the orders apply; and

(c) areas to which the orders apply.

(5) Paragraphs 8 to 14 of Schedule 2 shall apply, with any necessary modifications, to the making of orders under paragraph (1) as they apply to the making of the orders mentioned in that Schedule.