Part V Miscellaneous and general

Supplementary powers

111 Regulation of Tweed and Esk fisheries.

1

Her Majesty may by Order in Council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels and freshwater fish in the Border rivers.

2

An Order under subsection (1) may—

a

exclude the application of section 53 in relation to any Border rivers function,

b

confer power to make subordinate legislation.

3

In particular, provision may be made by such an Order—

a

conferring any function on a Minister of the Crown, the Scottish Ministers or a public body in relation to the Border rivers,

b

for any Border rivers function exercisable by any person to be exercisable instead by a person (or another person) mentioned in paragraph (a),

c

for any Border rivers function exercisable by any person to be exercisable concurrently or jointly with, or with the agreement of or after consultation with, a person (or another person) mentioned in paragraph (a).

4

In this section—

  • “the Border rivers” means the Rivers Tweed and Esk,

  • “Border rivers function” means a function conferred by any enactment, so far as exercisable in relation to the Border rivers,

  • “conservation”, in relation to salmon, trout, eels and freshwater fish, includes the protection of their environment,

  • “eels”, “freshwater fish”, “salmon” and “trout” have the same meanings as in the M1Salmon and Freshwater Fisheries Act 1975,

  • “the River Tweed” has the same meaning as in section 39 of the Salmon and Freshwater Fisheries Act 1975,

  • “the River Esk” means the river of that name which, for part of its length, constitutes the border between England and Scotland including—

    1. a

      its tributary streams (which for this purpose include the River Sark and its tributary streams), and

    2. b

      such waters on the landward side of its estuary limits as are determined by an Order under subsection (1),

    together with its banks;

and references to the Border rivers include any part of the Border rivers.

5

An Order under subsection (1) may modify the definitions in subsection (4) of the River Tweed and the River Esk.