
1 

(1) This Order may be cited as the Loch Sligachan, Isle of Skye, Scallops Several Fishery Order 1998 and shall come into force on 16th November 1998.
(2) In this Order–
 “the applicant” means David Neil Oakes, Oakes Marine, Old Mission House, Sconser, Isle of Skye, IV48 8TD;
 “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” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Loch Sligachan, 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 Oakes Marine, Old Mission House, Sconser, Isle of Skye, IV48 8TD; and
 “the fishery” means that part of the bed of the sea in Loch Sligachan, Isle of Skye, described in the Schedule to this Order and shown coloured pink on the definitive map.
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 Loch Sligachan, Isle of Skye extending to 31.3 hectares or thereby and bounded as follows: on or towards the east, by a straight line extending in a generally southerly direction from a point at 57°19.114' North latitude and 06°06.979' West longitude to a point at 57°18.864' North latitude and 06°06.948' West longitude; thence, on or towards the south, by a line extending in a generally westerly direction following the line of mean low water springs to a point at 57°18.682' North latitude and 06°07.463' West longitude; thence, on or towards the west, by a straight line extending in a generally northerly direction to a point at 57°18.950' North latitude and 06°07.578' West longitude; thence, on or towards the north, by a line extending in a generally easterly direction following the line of mean low water springs to the point of beginning.
