The Scotland Act 1998 (Border Rivers) Order 1999

UK Statutory Instrument 1999 No. 1746 — creates 3 criminal offences.

Made

22 June 1999

In force from

Not determined

Extent

Not stated

Subject

Health and safety, environment, waste and fisheries

Made under

ENGLAND AND WALES Salmon and Freshwater Fisheries The Scotland Act 1998, Her by sections 111 and 113 of the Scotland Act 1998

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision in relation to the River Esk by– a preserving functions of Ministers of the Crown in relation to that River in Scotland but making their exercise subject to the agreement of Scottish Ministers; b giving new power to make byelaws for, or in connection with, the conservation, management or exploitation of salmon, trout, eels and freshwater fish in the Upper Esk (as defined in article 1(2)), to the Environment Agency; c creating a new offence of unauthorised fishing in the Lower Esk (as defined in article 1(2)); d giving powers to water bailiffs to enforce these new provisions and extending existing powers of water bailiffs and other authorised persons to the whole of the River Esk; e creating new offences applicable to those powers; f defining the extent of waters to the landward of the estuary limits of the River Esk; and g requiring the Environment Agency to send a copy of their annual report to the Scottish Ministers and the Scottish Ministers to lay it before the Scottish Parliament. This Order makes provision in relation to the River Tweed by allowing the Scottish Ministers to exercise functions under Scottish salmon and freshwater fisheries legislation in relation to so much of that River as is situated outside Scotland, with the agreement of, or after consultation with, the Minister of Agriculture, Fisheries and Food. The Order makes consequential modifications and makes savings for existing provisions.

Offences created by this instrument

• Fishing without right or licence in the Lower Esk article 6(2) · Status not determined · Strict liability
• Any person who contravenes any byelaw made under article 4, or who contravenes article 6, shall be guilty of an offence article 7(1) · Status not determined · Strict liability
• Enforcement article 8(6) · Status not determined · Strict liability

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1999