Memorandum by the Scottish Office
1997 (S.I. 1997/2470)
1. This Memorandum is submitted to the Joint Committee on
Statutory Instruments in response to their letter of 26 November
1997 in which they ask for an explanation of the following point
arising in connection with the above Statutory Instrument.
2. The classification and criteria for controlled waters applied
by regulation 2 are for the purpose of contributing "to the
high quality of shellfish products directly edible by man".
Explain what is meant by the bold word.
3.1 These Regulations, together with the Surface Water (Shellfish)
(Scotland) Directions 1997 are intended to transpose Directive
79/923/EEC (on the quality required of shellfish waters) in relation
to Scotland. It is clear from the last paragraph of the preamble
of this Directive that one of the objectives of the Directive
is to increase protection of consumers of shellfish products.
3.2 In order to ensure as accurate a transposition as possible
these regulations reflect the language of the Directive where
this was considered necessary or desirable. Regulation 2 reflects
to a large extent the wording of Article 1 of the Directive, and
regulation 1(2) provides that expressions used both in the Regulations
and the Directive have the same meaning as in the Directive.
3.3 The word "directly" cannot be taken out of
context and explained in isolation. In both the Directive and
regulation 2, the word "directly" is part of the phrase
"shellfish products directly edible by man". The Scottish
Office understands that phrase to mean shellfish which may be
consumed by man without further processing, such as raw oysters.
This meaning would accord with the objective of protection of
consumers of shellfish products.
2nd December 1997