The Scallops (Luce Bay) (Prohibition of Fishing) Variation Order 2010

Made: 1st December 2010

Laid before the Scottish Parliament: 2nd December 2010

Coming into force: 6th December 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections5(1), 15(3) and 20(1) of the Sea Fish (Conservation) Act 1967[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Scallops (Luce Bay) (Prohibition of Fishing) Variation Order 2010 and comes into force on 6thDecember 2010.

Variation of the Scallops (Luce Bay) (Prohibition of Fishing) Order 2010

2

• (1) The Scallops (Luce Bay) (Prohibition of Fishing) Order 2010[^f00002] is varied as follows.

• (2) In article1 (citation, commencement, cessation, effect and extent)—

• (a) for paragraph(2), substitute—

This Order remains in force until the end of 7thDecember 2010.

; and

• (b) for paragraph(3), substitute—

The prohibition in article3 has effect during the period from 1stNovember 2010 until the end of 7thDecember 2010.

Signed

DAVID BREW — A member of the staff of the Scottish Ministers — 1st December 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order varies the dates during which the prohibition of fishing for scallops under article3 of the Scallops (Luce Bay) (Prohibition of Fishing) Order 2010 (S.S.I.2010/375) (“the 2010 Order”) applies.

Article3 of the 2010 Order prohibits fishing for scallops of the species Pecten maximus in Luce Bay (the area of the prohibition is described in the Schedule to the 2010 Order). The prohibition in article3 of the 2010 Order has effect from 1stNovember 2010 and applies to any fishing boat within the area of the Scottish zone described in the Schedule to the 2010 Order.

This Order varies article1 of the 2010 Order such that the 2010 Order remains in force until the end of 7thDecember 2010 at which time the prohibition on fishing in article3 will come to an end.

A person who contravenes the prohibition contained in article3 of the 2010 Order is guilty of an offence under section5(1) of the Sea Fish (Conservation) Act 1967. Penalties applicable to the commission of such offences are contained in section11 of that 1967 Act.

No Business and Regulatory Impact Assessment has been prepared for this instrument.

Footnotes

[^f00001]: 1967 c.84 (“the 1967 Act”); section5(1) was substituted by the Fisheries Act 1981 (c.29), section22(1); section15(3) was substituted by the Sea Fisheries Act 1968 (c.77), section22(5), Schedule1, paragraph38(3) and amended by the Fishery Limits Act 1976 (c.86), Schedule2, paragraph16(1) and the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1820), Schedule2, paragraph43(2)(b). Relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I.1999/1748), article5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I.1999/1756), articles3, 5 and 6. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46). Section22(2) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of sections5 and 15(3), was amended by the Fisheries Act 1981, sections19(2)(d), (3) and 45. The definition was modified in relation to Scotland by section22A(12)(b) of the 1967 Act, as inserted by S.I.1999/1820, Schedule2, paragraph43(13).