Scottish Adjacent Waters Boundaries Order 1999

The Scottish Adjacent Waters Boundaries Order 1999 is a statutory instrument of the United Kingdom government, defining the boundaries of internal waters, territorial sea, and British Fishing Limits adjacent to Scotland[1]. It was introduced in accordance with the Scotland Act 1998, which established the devolved Scottish Parliament.

Statutory Instrument
Territorial extentScotland
Dates
Made13 April 1999
Commencement1 July 1999
Other legislation
Made underScotland Act 1998
Status: Current legislation
Text of the Scottish Adjacent Waters Boundaries Order 1999 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
A map showing the location of Scotland's Marine Protected Areas highlights the extent of the Scottish zone and continental shelf adjacent to Scotland.

Defining jurisdictions

The territorial waters defined come under the jurisdiction of Scots law, and are also used for defining the area of operation of the Scottish Government (including Marine Scotland), SEPA, and other Scottish Government agencies and public bodies.

The territorial waters defined as not being Scottish waters come under the jurisdiction of either English law or Northern Ireland law. Because the order defines the territorial limits of the three separate jurisdictions, it comprises a piece of constitutional law in the constitution of the United Kingdom.

Scottish waters

Scottish waters is a colloquial term which can refer to different sea areas, including:

Differences with existing boundaries

The maritime boundary adopted by the order is an equidistant boundary.[5] This differed from the boundary established by the Civil Jurisdiction (Offshore Activities) Act 1987[6] which defined a straight line border between Scotland and England in the North Sea along the latitude of 55° 50' 00"N.

As a result, some oil fields previously subject to Scots civil law were transferred to English jurisdiction.[7] Professor Alex Kemp of the University of Aberdeen argued that the movement of the line did not make much difference from an economic perspective, "because [these] are just a handful of fields, and [no longer] very important ones".[7]

Potential implications for Scottish independence

The European Journal of International Law published a detailed article in 2001[8] entitled "Prospective Anglo-Scottish maritime boundary revisited". This concludes that, in the event of Scottish independence, the maritime border between Scotland and England as set out in the Scottish Adjacent Waters Boundaries Order 1999 would not comply with international law.

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See also

References
  1. "The Scottish Adjacent Waters Boundaries Order 1999, explanatory note". Legislation.gov.uk. The National Archives. Retrieved 10 June 2020.
  2. "Scotland Act 1998, article 126". Legislation.gov.uk. The National Archives. Retrieved 10 June 2020.
  3. "Scotland Act 1998, article 126". Legislation.gov.uk. The National Archives. Retrieved 10 June 2020.
  4. "Marine and Coastal Access Act 2009, article 322". Legislation.gov.uk. The National Archives. Retrieved 10 June 2020.
  5. "Scottish Adjacent Waters Boundaries. Debate in the Scottish Parliament at 3:18 pm on 3rd June 1999". TheyWorkForYou.com. Retrieved 10 June 2020.
  6. "The Civil Jurisdiction (Offshore Activities) Order 1987". Legislation.gov.uk. The National Archives. Retrieved 10 June 2020.
  7. Brocklehurst, Steven (16 April 2013). "Who has a right to claim North Sea oil?". BBC News Online. Retrieved 21 September 2016.
  8. http://www.ejil.org/pdfs/12/1/505.pdf
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