Subject to paragraph (3), the Secretary of State may designate an area of coastal or transitional water which is in the Solway Tweed River Basin District and which is wholly in England as a shellfish water protected area by including it in the relevant list.

The relevant list for the purposes of sub-paragraph (1) is the list entitled “Shellfish Waters (Solway Tweed) (England) 2016” dated 8th February 2016.

An area of coastal or transitional water may not be included in the relevant list unless the Secretary of State considers that to do so is necessary or desirable to protect or develop economically significant shellfish production.

The Secretary of State may from time to time review each designation made under sub-paragraph (1).

The first review under this paragraph must be completed by 22ndDecember 2021 and afterwards reviews must be completed at intervals not exceeding 6 years.

The Agency must ensure that the relevant list is published on its website and made available to the public at its principal offices.