Part V
- “Border rivers function” means a function conferred by any enactment, so far as exercisable in relation to the Border rivers,
- “conservation”, in relation to salmon, trout, eels and freshwater fish, includes the protection of their environment,
- “eels”, “freshwater fish”, “salmon” and “trout” have the same meanings as in the 1975 c. 51.Salmon and Freshwater Fisheries Act 1975,
- “the River Tweed" has the same meaning as in section 39 of the Salmon and Freshwater Fisheries Act 1975,
- “the River Esk" means the river of that name which, for part of its length, constitutes the border between England and Scotland including—
- (a) its tributary streams (which for this purpose include the River Sark and its tributary streams), and
- (b) such waters on the landward side of its estuary limits as are determined by an Order under subsection (1), together with its banks;
and references to the Border rivers include any part of the Border rivers.
(5) An Order under subsection (1) may modify the definitions in subsection (4) of the River Tweed and the River Esk.
Part VI
Supplementary
Subordinate legislation
Subordinate legislation: general. 112.—(1) Any power to make subordinate legislation conferred by this Act shall, if no other provision is made as to the person by whom the power is exercisable, be exercisable by Her Majesty by Order in Council or by a Minister of the Crown by order.
(2) But the power to make subordinate legislation under section 129(1) providing―
- (a) for the appropriation of sums forming part of the Scottish Consolidated Fund, or
- (b) for sums received by any person to be appropriated in aid of sums appropriated as mentioned in paragraph (a),
shall be exercisable only by Her Majesty by Order in Council.
(3) References in this Act to an open power are to a power to which subsection (1) applies (and include a power to make subordinate legislation under section 129(1) whether or not the legislation makes provision as mentioned in subsection (2)).
(4) An Order in Council under an open power may revoke, amend or re-enact an order, as well as an Order in Council, under the power; and an order under an open power may revoke, amend or re-enact an Order in Council, as well as an order, under the power.
(5) Any power to make subordinate legislation conferred by this Act shall, in relation to its exercise by a Minister of the Crown or a member of the Scottish Executive, be exercisable by statutory instrument.
