Scottish Adjacent Waters Boundaries Order 1999
Encyclopedia
The Scottish Adjacent Waters Boundaries Order 1999 is a statutory instrument
of the United Kingdom
, defining "the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland
and those which are not". It was introduced in accordance with the Scotland Act 1998
, which established the devolved Scottish Parliament
.
of Scots law
, and are also used for defining the area of operation of the Marine Scotland
, the Scottish Environment Protection Agency
, and other Scottish Government agencies and public bodies
. This is, for example, of importance to the Scottish fishing industry, the North Sea oil
industry, and in the competing claims for the resources of the Rockall Trough.
The territorial waters thus defined as not being Scottish waters come under the jurisdiction of either English law
or Northern Ireland law
. Therefore, because it defines the territorial limits of the three separate jurisdictions, it comprises a piece of constitutional law
in the constitution of the United Kingdom
.
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, defining "the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and those which are not". It was introduced in accordance with the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
, which established the devolved Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
.
Defining jurisdictions
The territorial waters thus defined as Scottish waters come under the jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, and are also used for defining the area of operation of the Marine Scotland
Marine Scotland
Marine Scotland is part of the core Scottish Government and was set up to manage Scotland's waters. It was established on April 1, 2009 and is the lead marine management organisation in Scotland and the champion of Scotland's Seas....
, the Scottish Environment Protection Agency
Scottish Environment Protection Agency
The Scottish Environment Protection Agency is Scotland’s environmental regulator. Its main role is to protect and improve Scotland's environment...
, and other Scottish Government agencies and public bodies
Scottish public bodies
Public bodies of the Scottish Government are organisations that are funded by the Scottish Government. It includes executive and advisory non-departmental public bodies ; tribunals; and nationalised industries....
. This is, for example, of importance to the Scottish fishing industry, the North Sea oil
North Sea oil
North Sea oil is a mixture of hydrocarbons, comprising liquid oil and natural gas, produced from oil reservoirs beneath the North Sea.In the oil industry, the term "North Sea" often includes areas such as the Norwegian Sea and the area known as "West of Shetland", "the Atlantic Frontier" or "the...
industry, and in the competing claims for the resources of the Rockall Trough.
The territorial waters thus defined as not being Scottish waters come under the jurisdiction of either English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
or Northern Ireland law
Northern Ireland law
Northern Ireland law refers to the legal system of statute and common law operating in Northern Ireland since Northern Ireland was established as a separate jurisdiction within the United Kingdom in 1921.-Background:...
. Therefore, because it defines the territorial limits of the three separate jurisdictions, it comprises a piece of constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
in the constitution of the United Kingdom
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
.
External links
- The Scottish Adjacent Waters Boundaries Order 1999
- Map of the boundary defined in the Scottish Adjacent Waters Boundaries Order 1999
- 26 April 2000 - Official Report of debate regarding the Order in the Scottish ParliamentScottish ParliamentThe Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
- Scottish Executive - press release, 9 Dec 1999
- Scottish Ministers' proposals for the designation of marine boundaries in coastal and transitional waters
