
1 

(1) This Order may be cited as the Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998 and shall come into force on 16th November 1998.
(2) In this Order–
 “the applicant” means Robert Parry, residing at 2 Harrapool, Broadford, Isle of Skye IV49 9AQ;
 “the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;
 “the definitive map No.1” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map No.1 referred to in the Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at 2 Harrapool, Broadford, Isle of Skye IV49 9AQ;
 “the definitive map No.2” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map No.2 referred to in the Broadford Bay and Loch Ainort, Isle of Skye, Scallops Several Fishery Order 1998”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at 2 Harrapool, Broadford, Isle of Skye IV49 9AQ; and
 “the fishery” means–
(a) that part of the bed of the sea in Broadford Bay, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map No.1; and
(b) that part of the bed of the sea in Loch Ainort, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map No.2.
2 
Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.
3 
The right of several fishery granted by article 2 above is subject to the restriction that the harvesting of scallops shall be carried out manually by divers.
4 
The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.
5 
The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
6 

(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with, any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Sewel
Scottish Office
St Andrew’s House,
Edinburgh
8th October 1998
SCHEDULE
Article 1(2)
That part of the bed of the sea in Broadford Bay, Isle of Skye, extending to 17.500 hectares or thereby and bounded as follows: on or towards the north-east, by a straight line extending in a generally south-easterly direction from a point at 57°15.815' North latitude and 05°55.080' West longitude to a point at 57°15.422' North latitude and 05°54.395' West longitude; thence, on or towards the south-east by a straight line extending in a generally south-westerly direction to a point at 57°15.355' North latitude and 05°54.500' West longitude; thence, on or towards the south west by a line extending in a generally north-westerly direction following the line of mean low water springs to a point at 57°15.742' North latitude and 05°55.190' West longitude; thence, on or towards the north-west, by a straight line extending in a generally north-easterly direction to the point of beginning.
That part of the bed of the sea in Loch Ainort, Isle of Skye, extending to 14.945 hectares or thereby and bounded as follows: on or towards the south west by a straight line extending in a generally north-westerly direction from a point at 57°16.370' North latitude and 06°03.670' West longitude to a point at 57°16.440' North latitude and 06°03.750' West longitude; thence, on or towards the north-west by a straight line extending in a generally north-easterly direction to a point at 57°16.780' North latitude and 06°03.065' West longitude; thence, on or towards the north-east by a straight line extending in a south-easterly direction to a point at 57°16.700' North latitude and 06°02.960' West longitude; and thence, on or towards the south-east by a line extending in a generally south-westerly direction following the line of mean low water springs to the point of beginning.