The Scotland Act 1998 (River Tweed) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/2913 |
2006 No. 2913
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
river, scotland
river, england and wales
The Scotland Act 1998 (River Tweed) Order 2006
Made 14th November 2006
Coming into force 15th November 2006
At the Court at Buckingham Palace, the 14th day of November 2006
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by sections 111, 112(1) and 113 of the Scotland Act 19981.
In accordance with section 115 of, and paragraphs l and 2 of Schedule 7 to, that Act, a draft of this Order was—
(a) laid before and approved by a resolution of each House of Parliament; and
(b) laid before and approved by a resolution of the Scottish Parliament.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:
PART 1
ADMINISTRATION
Citation, commencement, application and extent
1.—(1) This Order may be cited as the Scotland Act 1998 (River Tweed) Order 2006.
(2) This Order shall come into force on the day after the day on which it is made.
(3) This Order applies only to the Tweed district.
(4) Part 4 extends only to Scotland and Part 5 extends only to England and Wales.
(5) The amendments contained in Part 1 of Schedule 4 have the same extent as the enactments amended.
Definition of the Tweed district
2.—(1) In this Order, “the Tweed district” means the district described in paragraphs (2) to (8).
(2) The coastal limit of the district in the north is high water mark on the boundary between the local government areas of East Lothian and Scottish Borders (“the northern coastal limit”).
(3) The coastal limit of the district in the south is grid reference NU 0783243378 (“the southern coastal limit”).
(4) The district extends landward to include the catchment area of every river which flows directly or indirectly into the sea between the northern coastal limit and the southern coastal limit.
(5) The district includes the southern seaward sector and the northern seaward sector.
(6) The southern seaward sector is the area bounded by—
(a)
(a) in the west, a straight line between high water mark on the boundary between Scotland and England and the southern coastal limit;
(b)
(b) in the south, a straight line extending 8 kilometres seaward from the southern coastal limit, and at right angles to the line described at sub—paragraph (a);
(c)
(c) in the north, a straight line extending 8 kilometres seaward from high water mark on the boundary between Scotland and England, and at right angles to the line described at sub—paragraph (a); and
(d)
(d) in the east, a straight line joining the seaward ends of the lines described at sub—paragraphs (b) and (c) (and parallel to the line described at sub—paragraph (a)),
and includes any water lying to the west of the line described in sub—paragraph (a).
(7) The northern seaward sector is the area bounded by—
(a)
(a) in the south, the line described at paragraph (6)(c);
(b)
(b) in the north, a line extending 8 kilometres seaward from the northern coastal limit, along a bearing of 026 degrees true from that point;
(c)
(c) in the west, the line of the coast at high water mark between the northern coastal limit and high water mark on the boundary between Scotland and England; and
(d)
(d) in the east, a line between the seaward ends of the lines described at sub—paragraphs (a) and (b), and parallel to the line described in sub—paragraph (c).
(8) The district includes the fishery known as the Holy Island station of the Goswick Fisheries.
Definition of Estuary Limits
3.—(1) For the purposes of this Order “estuary limits” means the limits which divide each river including its mouth or estuary from the sea.
(2) The estuary limits of a river shall be the limits fixed and defined—
(a)
(a) in relation to the Tweed, by paragraphs (3) and (4); and
(b)
(b) in relation to other rivers in the district, by an estuary limits order made under paragraph (5),
and, where no such limits are fixed for a river as provided for in this article, the estuary limits of a river shall be the natural limits which divide a river (including its mouth or estuary) from the sea.
(3) The coastal limits of the estuary of the Tweed are, in the north, high water mark on the boundary between Scotland and England and, in the south, grid reference NU 0483246702.
(4) The estuary limits of the Tweed (which may be referred to as “the Mouth of the Tweed”) are formed by—
(a)
(a) in the north, the line described in article 2(6)(c);
(b)
(b) in the south, a line running from grid reference NU 0483246702, parallel to the line described in article 2(6)(b), and extending seaward to the line described in article 2(6)(d); and
(c)
(c) in the east, the straight line between the seaward ends of the lines described in sub—paragraphs (a) and (b).
(5) The Scottish Ministers may, in relation to any other river in the Tweed district, and whether or not any such limits have previously been fixed, by order (in this Order referred to as an “estuary limits order”) prescribe estuary limits for that river.
(6) Paragraphs 1, 2 and 8 to 14 of Schedule 2 shall have effect in relation to the making of an estuary limits order.
(7) Where the estuary limits of any river have been fixed, after consulting the Commission, the Scottish Ministers may, by order, change a reference used in describing estuary limits where the suitability of that reference for that purpose has lessened or ceased; but such an order shall not be an estuary limits order.
Interpretation
4.—(1) In this Order, unless the context otherwise requires—
“the 2003 Act” means the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 20032;
“the Tweed Acts” means the Tweed Fisheries Act 18573, the Tweed Fisheries Amendment Act 18594, and the Tweed Fisheries Act 1969 c. xxiv;
“annual value” means the annual rental value of a specified salmon fishery as entered in the valuation roll;
“boat” includes any craft or vessel used in fishing;
“clerk” means the clerk to the Commission;
“The Commission” has the meaning given in article 5 and “Commissioners” shall be construed accordingly;
“dam” means any weir, dam, dyke, cauld, mill dam or other structure constructed in the bed of any stream, river or loch for the purpose of controlling, impounding or diverting water therefrom;
“Environment Agency” has the meaning given by section 1 of the Environment Act 19956;
“estuary limits” has the meaning given in article 3;
“fish farm” has the meaning given in section 10(1) of the Diseases of Fish Act 19377;
“fixed engine” means any engine, net or trap used for the taking of salmon, other than a sweep net which when in use is hauled through the water continuously and is not allowed to be stationary in the water or to drift with the current;
“foul hooking” means any method of deliberately hooking or attempting to hook a fish other than by inducing the fish to take the hook in its mouth;
“freshwater fish” means any fish living in fresh water, including trout and eels and the fry of eels but exclusive of salmon and of any fish which migrate between the open sea and tidal waters;
“inland waters” includes all rivers above estuary limits and their tributary streams, and all waters, watercourses and lochs whether natural or artificial which drain or drain to some extent into the sea;
“justice” and “justices” means a justice of the peace or two or more justices of the peace acting for the county, city or place where the matter requiring action by such justice or justices arises;
“lade” includes any artificial channel through which water is diverted from any inland water in which salmon or trout are present;
“land” includes land covered by water;
“package” includes any box, basket, barrel, case, receptacle, sack, bag, container, wrapper or other thing in which salmon or trout is placed for the purpose of carriage, consignment or exportation;
“prescribed” means prescribed by an order made by the Scottish Ministers under this Order;
“proprietary Commissioner” means a person who is a Commissioner by virtue of having been elected as a Commissioner under article 6, or who has been deemed as such under article 5(7);
“proprietor” means any person, partnership, company or corporation which is the proprietor of a salmon fishery or which receives or is entitled to receive the rents of such fishery on its own account or as trustee, guardian or factor for any person, company or corporation;
“representative Commissioner” has the meaning given in article 7;
“rod and line” has the meaning given in article 25;
“salmon” means all fish of the speciesSalmo salar and migratory fish of the species Salmo trutta and commonly known as salmon and sea trout respectively or any part of any such fish;
“salmon fishery district” has the meaning given in section 34 (salmon fishery districts) of the 2003 Act;
“specified salmon fishery” means a salmon fishery in the district—
(a) of an annual value of not less than £30; or
(b) which extends to 800 metres in length where such fishery is on one side only of a river or 400 metres in length where such fishery comprehends both sides of a river; or
(c) the proprietor of which has elected, by notice in writing to the Commission, that he wishes the fishery to be treated as a salmon fishery of an annual value of £30;
“treasurer” means the treasurer to the Commission;
“trout” means non—migratory trout of the speciesSalmo trutta living in fresh waters or in estuaries;
“the Tweed district” has the meaning given in article 2(1), and “district” shall be construed accordingly;
“valuation roll” means the valuation roll prepared by the Commission under article 16;
“vehicle” means any conveyance other than a...
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