
1 
This Order may be cited as the Scalpay Island, Isle of Skye, Scallops Several Fishery Order 2018 and comes into force on 29th October 2018.
2 

(1) In this Order—
 “the applicant” means the partnership of M.F.G. & J.A. Walford, Scalpay House, Broadford, Isle of Skye, IV49 9BS;
 “the fishery” means that part of the bed of the sea lying off the east coast of Scalpay Island, Isle of Skye, described in the schedule; and
 “the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order.
(2) A reference in this Order to anything produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000, which has been recorded and is consequently capable of being reproduced.
3 
Subject to the following provisions of this Order, the right of several fishery for scallops with respect to the whole area of the fishery is conferred on the applicant until 28th October 2033.
4 
The right of several fishery conferred by article 3 is subject to the restriction that the harvesting of scallops must be carried out manually by divers.
5 
The grantee must not without the prior written consent of the Scottish Ministers assign or in any other way transfer the right of several fishery to any other person.
6 
The grantee must cause to be clearly marked the limits of the fishery on the bed and on the surface of the sea and must maintain the marks in position and in good repair.
7 

(1) Nothing in this Order affects 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 in this Order authorises 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 the Crown and under the management of the Crown Estate Commissioners or a relevant person.
(2) In paragraph (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.
8 
The Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998 is revoked.
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
30th July 2018
SCHEDULE
Article 2(1)
1 
In this schedule—
 “co-ordinate” means a co-ordinate defined on the World Geodetic System 1984 Datum;
 co-ordinate “A” is 57°17.526′ North latitude and 005°55.496′ West longitude;
 co-ordinate “B” is 57°16.880′ North latitude and 005°55.267′ West longitude; and
 co-ordinate “C” is 57°16.861′ North latitude and 005°55.577′ West longitude.
2 
That part of the bed of the sea at the island of Scalpay, near the Isle of Skye, extending to 18 hectares or thereby, which is bounded by the lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A and B Geodesic line
2. B and C Geodesic line
3. C and A By Mean Low Water Springs