Inshore Fishing (Scotland) Act 1984
Act of the Parliament of the United Kingdom
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The Inshore Fishing (Scotland) Act 1984 (1984 c. 26) is an act of the Parliament of the United Kingdom that made fresh provision for the regulation of inshore sea fishing in Scotland.[1]
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| Act of Parliament | |
| |
| Long title | An Act to make fresh provision for Scotland as regards the regulation of inshore sea fishing, and for connected purposes. |
|---|---|
| Citation | 1984 c. 26 |
| Territorial extent | Scotland[b] |
| Dates | |
| Royal assent | 26 June 1984 |
| Commencement | 26 July 1985[c] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
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| Relates to |
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Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Inshore Fishing (Scotland) Act 1984 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
The act confers powers on the Secretary of State (now the Scottish Ministers) to regulate sea fishing within Scotland's inshore waters, defined as the area within six nautical miles of the baselines. Section 1 grants a general power to make orders prohibiting or restricting fishing for sea fish in designated areas, whether for all species or for specified descriptions of sea fish, by specified methods, or from specified descriptions of fishing vessel or other vehicle. Section 2 empowers the prohibition of the carriage of specified types of net. Section 3 restricts the use of mobile gear in the vicinity of fixed salmon nets.[2]
Enforcement provisions are set out in sections 4 to 8. Section 4 creates offences for contravening restrictions made under the act. Sections 5 and 6 confer powers on sea-fishery officers, including powers of boarding, inspection, and the seizure of fish and equipment. Section 7 confers similar enforcement powers on water bailiffs. Section 8 deals with offences by bodies corporate and the recovery of fines.[2]
Repealed enactments
Section 10 of the act repealed 29 enactments, listed in the second schedule to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 29 Geo. 2. c. 23 | Fisheries (Scotland) Act 1756 | The whole act. |
| 48 Geo. 3. c. 110 | Herring Fishery (Scotland) Act 1808 | The whole act. |
| 50 Geo. 3. c. 108 | Sea Fisheries (Scotland) Act 1810 | The whole act. |
| 55 Geo. 3. c. 94 | Herring Fishery (Scotland) Act 1815 | The whole act. |
| 1 & 2 Geo. 4. c. 79 | White Herring Fishery (Scotland) Act 1821 | The whole act. |
| 14 & 15 Vict. c. 26 | Herring Fishery Act 1851 | The whole act. |
| 23 & 24 Vict. c. 92 | Herring Fisheries (Scotland) Act 1860 | The whole act. |
| 24 & 25 Vict. c. 72 | White Herring Fishery (Scotland) Act 1861 | The whole act. |
| 30 & 31 Vict. c. 52 | Herring Fisheries (Scotland) Act 1867 | The whole act. |
| 44 & 45 Vict. c. 11 | Sea Fisheries (Clam and Bait Beds) Act 1881 | The whole act. |
| 45 & 46 Vict. c. 78 | Fishery Board (Scotland) Act 1882 | In section 2, the definition of "Herring Fishery Acts". Section 5(1). Schedule 1. |
| 48 & 49 Vict. c. 70 | Sea Fisheries (Scotland) Amendment Act 1885 | Sections 4 and 11. |
| 49 & 50 Vict. c. 29 | Crofters' Holdings (Scotland) Act 1886 | In section 32, the words from "and the Secretary of the Board" to "name of the Board". |
| 52 & 53 Vict. c. 23 | Herring Fishery (Scotland) Act 1889 | The whole act. |
| 58 & 59 Vict. c. 42 | Sea Fisheries Regulation (Scotland) Act 1895 | The whole act. |
| 7 Edw. 7. c. 42 | Sea Fisheries (Scotland) Application of Penalties Act 1907 | The whole act. |
| 9 Edw. 7. c. 8 | Trawling in Prohibited Areas Prevention Act 1909 | The whole act. |
| 24 & 25 Geo. 5. c. 18 | Illegal Trawling (Scotland) Act 1934 | Section 1. Section 5. In section 6, the definition of "Herring Fishery (Scotland) Acts", and in the definition of "illegal trawling" the words from "and the expression" to the end of the definition. |
| 10 & 11 Geo. 6. c. 43 | Local Government (Scotland) Act 1947 | Section 377(4). |
| 14 & 15 Geo. 6. c. 39 | Common Informers Act 1951 | In the Schedule, the entry relating to the Fisheries (Scotland) Act 1756. |
| 7 & 8 Eliz. 2. c. 27 | Sea Fisheries (Compensation) (Scotland) Act 1959 | The whole act. |
| 8 & 9 Eliz. 2. c. 34 | Radioactive Substances Act 1960 | In Part II of the First Schedule, para. 12. |
| 1964 c. 72 | Fishery Limits Act 1964 | In Schedule 1, the amendments of the Herring Fisheries (Scotland) Act 1860, the Herring Fisheries (Scotland) Act 1867 and the Sea Fisheries (Clam and Bait Beds) Act 1881. |
| 1965 c. 13 | Rivers (Prevention of Pollution) (Scotland) Act 1965 | Section 2(2)(d). |
| 1967 c. 83 | Sea Fisheries (Shellfish) Act 1967 | In Schedule 2, the amendments to the Sea Fisheries (Clam and Bait Beds) Act 1881 and the Sea Fisheries Regulation (Scotland) Act 1895. |
| 1968 c. 77 | Sea Fisheries Act 1968 | In Part II of Schedule 1, paragraphs 25 and 35. |
| 1970 c. 36 | Merchant Shipping Act 1970 | In Schedule 3, paragraph 8. |
| 1976 c. 86 | Fishery Limits Act 1976 | In section 2(8)(a), the figure "4". In Schedule 2, paragraphs 1, 2, 4 and 6. |
| 1981 c. 29 | Fisheries Act 1981 | In Part I of Schedule 4, paragraphs 7 to 9. In Part II of Schedule 4, paragraph 29. |
Subsequent developments
The act has been amended on several occasions. The Inshore Fishing (Scotland) Act 1994 extended the powers under the act to cover vehicles and equipment used in connection with fishing, and added provisions relating to marine environmental purposes. Following Scottish devolution, the functions of the Secretary of State under the act were transferred to the Scottish Ministers by the Scotland Act 1998 with effect from 1 July 1999.