The Scotland Act 1998 (River Tweed) Order 2006

UK Statutory Instrument 2006 No. 2913 — creates 44 criminal offences.

44offences created

0recorded in force

0revoked

Made: 14 November 2006
In force from: 15 November 2006
Extent: Not stated
Subject: Miscellaneous
Made under: Her by sections111, 112(1) and 113 of the Scotland Act 1998, SCOTLAND river, scotland river, england and wales 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 applies to the Tweed district which includes the catchment of the River Tweed and the other rivers that run to the sea between, in the north a point on the coast at the boundary between the Scottish Borders and East Lothian and, in the south, a point on the coast west of Holy Island, and an adjacent area of sea. It consolidates, with some amendments, the existing salmon and freshwater fisheries legislation for the Tweed district. The Order makes provision in relation to the Tweed district by— a defining the Tweed district and Estuary limits of the RiverTweed; b providing for the establishment of the River Tweed Commission, with powers to administer salmon and freshwater fisheries in the district for the purposes of protection or improvement of the fisheries, preservation of salmon and freshwater fish, and stocking of the district with salmon or freshwater fish; c defining permissible methods of fishing for salmon and freshwater fish, and defining offences and penalties where there is non—compliance; d making provision for weekly and annual close times for fishing; e detailing offences relating to the sale, purchase and possession of salmon and trout; in relation to the disturbance or destruction of juvenile salmon and spawning beds, the balance between property rights in the bed of a river and conservation of juvenile salmon has been changed in favour of conservation, but provision is made for proprietors to obtain permission to undertake necessary works; f defining exemptions from certain offences or acts if done for scientific or other purposes; g enabling Scottish Ministers to make Orders in relation to the regulation of fisheries and for the conservation of salmon; h giving powers to water bailiffs and police constables to enforce the provisions of the Order; i providing for the making of protection orders, where appropriate, to make it an offence to fish for freshwater fish without legal right or written permission; j giving powers to wardens to enforce protection order provisions; k providing for the licensing and regulation of salmon dealers; l providing powers to the River Tweed Commission to prosecute in the courts in England and Wales; m making provision for the application of the Order to the Crown. This Order restricts the application of provisions in the enactments listed in Schedule4 to exclude the Tweed district, and makes consequential amendments. The Order replaces 19th, 20thand 21st Century legislation in respect of the Tweed district, which is repealed under Schedule4.

Offences created by this instrument

Information for valuation article 17(3) · Status not determined · Requires proof of a state of mind
Power to conduct inquiries and to obtain information article 21(3) · Status not determined · Requires proof of a state of mind
Methods of fishing: salmon article 22(1) · Status not determined · Strict liability
Methods of fishing: salmon article 22(2) · Status not determined · Strict liability
Methods of fishing: salmon article 22(3) · Status not determined · Strict liability
Methods of fishing: freshwater fish article 23(1) · Status not determined · Strict liability
1 Any person who— a uses any explosive substance with intent to take or destroy fish in any waters; b puts any poison… article 26(1) · Status not determined · Requires proof of a state of mind
Any person who attempts to commit or who does any act preparatory to the commission of an offence mentioned in… article 26(2) · Status not determined · Strict liability
Fishing for salmon without right or permission article 27(1) · Status not determined · Strict liability
Illegal fishing by two or more persons acting together article 28 · Status not determined · Strict liability
Taking of dead fish article 29(1) · Status not determined · Strict liability
Illegal possession of salmon or trout article 30(3) · Status not determined · Strict liability
Any person who does any act for the purpose of preventing salmon from passing through any fish pass, or taking any… article 32(1) · Status not determined · Strict liability
Any person who attempts to commit or who does any act preparatory to the commission of any offence mentioned in… article 32(2) · Status not determined · Strict liability
A person who commits an offence under this article may be convicted on the evidence of onewitness article 32(3) · Status not determined · Strict liability
Fishing in waters where fishing rights owned by one person article 33(1) · Status not determined · Strict liability
Contravention of protection order article 34(1) · Status not determined · Strict liability
Contravention of protection order article 34(2) · Status not determined · Strict liability
Weekly close time for salmon article 35(4) · Status not determined · Strict liability
Fishing for salmon during annual close time article 37(1) · Status not determined · Strict liability
Removal of boats and nets during annual close time article 38(2) · Status not determined · Strict liability
Buying and selling salmon in annual close time article 39(1) · Status not determined · Strict liability
Annual close time for trout article 40(2) · Status not determined · Strict liability
Unclean salmon article 41 · Status not determined · Requires proof of a state of mind
Unclean salmon article 41(3) · Status not determined · Strict liability
Salmon roe article 42(1) · Status not determined · Strict liability
Possessing salmon which have been illegally taken, killed or landed article 43(1) · Status not determined · Strict liability
Packages of salmon or trout to be marked article 44(1) · Status not determined · Mixed — some elements strict, some not
Packages of salmon or trout to be marked article 44(5) · Status not determined · Strict liability
Size limit for trout article 45(1) · Status not determined · Strict liability
Young salmon and spawning beds article 46(1) · Status not determined · Requires proof of a state of mind
Young salmon and spawning beds article 46(2) · Status not determined · Requires proof of a state of mind
Young salmon and spawning beds article 46(3) · Status not determined · Strict liability
Young salmon and spawning beds article 46(6) · Status not determined · Strict liability
Unauthorised introduction of fish or fish eggs into certain waters article 47(1) · Status not determined · Requires proof of a state of mind
General orders article 52(5) · Status not determined · Strict liability
General orders article 52(6) · Status not determined · Strict liability
General orders article 52(7) · Status not determined · Strict liability
Salmon conservation orders article 54(7) · Status not determined · Strict liability
Any person who refuses to allow a constable or a water bailiff to exercise any power conferred on such constable or… article 61 · Status not determined · Strict liability
Powers of entry and obstruction of wardens etc article 70(3) · Status not determined · Requires proof of a state of mind
Licensing and regulation of salmon dealing article 72(1) · Status not determined · Strict liability
Licensing and regulation of salmon dealing article 72(1)(c) · Status not determined · Strict liability
Making of protection order paragraph 5(6) of SCHEDULE 3 · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Scotland Act 1998 (River Tweed) Order 2006 Lords · Lords Chamber · 27 June 2006 · The Duke of Montrose
My Lords, it falls to my lot to congratulate the noble and learned Lord the Advocate General on his maiden speech. We are very glad to have heard from him on these matters. We look forward to seeing him in his place many times in the future. He certainly joins a most distinguished band of Scottish lawyers who have graced the Floor of the House; though at present their numbers are not as plentiful as they once were, so he is all the more welcome. He obviously brings a range of talents to the House, considering that he has degrees in economics, international business and law. As he is probably…
Scotland Act 1998 (River Tweed) Order 2006 Lords · Lords Chamber · 27 June 2006
Delegated Legislation Commons · Commons Chamber · 4 July 2006 · Madam Deputy Speaker (Sylvia Heal)
With the leave of the House, I shall take motions 6 to 9 together. Motion made, and Question put forthwith, pursuant to Standing Order No. 118 (6) (Standing Committees on Delegated Legislation), International Immunities and Privileges That the draft European Organization for Nuclear Research (Privileges and Immunities) Order 2006, which was laid before this House on 25th May, be approved. Constitutional Law That the draft Scotland Act 1998 (River Tweed) Order 2006, which was laid before this House on 25th May, be approved. Investigatory Powers That the draft Regulation of Investigatory…
Scotland Act 1998 (River Tweed) Amendment Order 2015 Lords · Grand Committee · 1 December 2014 · The Advocate-General for Scotland (Lord Wallace of Tankerness) (LD)
My Lords, I beg to move that the draft order laid before the House on 20 October 2014 now be considered. I hope that it will be useful to the Committee if I provide some background information on the fisheries management arrangements that prevail in respect of the River Tweed, as well as a brief summary of what this order primarily seeks to achieve. Freshwater fisheries management and conservation in Scotland is largely regulated by the Salmon and Freshwater Fisheries (Scotland) Act 2003, which I shall refer to as the 2003 Act. In September last year, an amendment to the 2003 Act came into…
Scotland Act 1998 (Specification of Devolved Tax) (Wild Fisheries) Order 2017 Lords · Grand Committee · 29 November 2017 · Lord Beith (LD)
My Lords, my noble friend did not realise quite how far the provision he has just cited extends. Legislation, particularly the Scotland Act 1998 (River Tweed) Order 2006, embraces the whole of the Tweed district, which includes all the tributaries of the Tweed and tributaries of the rivers which are tributaries of the Tweed, whether they are in England or Scotland. Of course, many of them are in England, such as the Till, for example. The Tweed river system has always been managed as a single system, which makes a great deal of sense. It would be odd to do it otherwise. However, there are…

How Parliament handled it

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