| Statutory Instrument | |
 | |
| Citation | SI 1999/1126 |
|---|---|
| Territorial extent | Scotland |
| Dates | |
| Made | 13 April 1999 |
| Commencement | 1 July 1999 |
| Other legislation | |
| Made under | Scotland Act 1998 |
Status: Current legislation | |
| Text of statute as originally enacted | |
TheScottish Adjacent Waters Boundaries Order 1999 (SI 1999/1126) is astatutory instrument of the United Kingdom government, defining the boundaries ofinternal waters,territorial sea, and Britishfishing limits adjacent to Scotland.[1] It was introduced in accordance with theScotland Act 1998, which established the devolvedScottish Parliament.
Theterritorial waters defined come under thejurisdiction ofScots law, and are also used for defining the area of operation of theScottish Government (including theMarine Directorate),SEPA, and otherScottish Government agencies andpublic bodies.
The territorial waters defined asnot being Scottish waters come under the jurisdiction of eitherEnglish law orNorthern Ireland law. Because the order defines the territorial limits of the three separatejurisdictions, it comprises a piece ofconstitutional law in theconstitution of the United Kingdom.
Scottish waters is a colloquial term which can refer to different sea areas, including:
The maritime boundary adopted by the order is an equidistant boundary.[5] This differed from the boundary established by theCivil Jurisdiction (Offshore Activities) Order 1987 (SI 1987/2197)[6] which defined a straight line border between Scotland and England in the North Sea along the latitude of 55° 50' 00"N.
No oil fields were affected by this change as the new boundary only applied to fishing and had no impact on reserved matters.[7] Professor Alex Kemp of theUniversity 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]
TheScottish National Party opposed the order and the methods used to calculate the boundary in theNorth Sea.[8][9]
In 2015, the Scottish Cabinet Secretary for Rural Affairs and Environment,Richard Lochhead, wrote to theUK Government requesting a review of the order.[10]
In 2001, Mahdi Zahraa ofGlasgow Caledonian University, published a discussion paper in theEuropean Journal of International Law detailing different methods of establishing an Anglo-Scottish marine boundary.[11] The author notes that whilst the median line principle would apply as a starting point, a perpendicular boundary, derived from a newstraight baseline on the east coast of Scotland and England, combined with an area of shared jurisdiction, would be an alternativeequitable solution.
Supporters ofScottish independence such asCraig Murray have also argued for a perpendicular boundary based on a straight baseline.[12]
