Her Majesty may by Order in Council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels, lampreys, smelt, shad and freshwater fish in the Border rivers.
An Order under subsection (1) may—
In particular, provision may be made by such an Order—
In this section—
"the Border rivers" means the Rivers Tweed and Esk,
"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, lampreys, smelt, shad and freshwater fish, includes the protection of their environment,
"eels", "fish", "freshwater fish", "salmon", "smelt" and "trout" have the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (as amended by the Marine and Coastal Access Act 2009),
"the River Tweed" means the Tweed district (as defined in article 2(1) of the Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)).
"the River Esk" means the river of that name which, for part of its length, constitutes the border between England and Scotland including— together with its banks;
(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),
and references to the Border rivers include any part of the Border rivers.
An Order under subsection (1) may modify the definitions in subsection (4) of the River Tweed and the River Esk.
An Order under subsection (1) may amend that subsection so as to—