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Water Environment and Water Services (Scotland) Act 2003, Part 3 is up to date with all changes known to be in force on or before 28 February 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)Part 1 and this Part bind the Crown.
(2)The amendments and repeals made by Part 2 bind the Crown to the extent that the enactments amended or repealed bind the Crown.
(3)Subsection (1) does not require subordinate legislation made under this Act to bind the Crown.
(4)No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(5)Despite subsection (4), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.
(1)Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.
(2)Any such power includes power to make—
(a)such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
(b)provision for the delegation of functions,
(c)different provision for different purposes and different areas.
(3)An order under F1... 37, and regulations under section 8, 20, 22 or 23, may modify any enactment, instrument or document.
(4)A statutory instrument containing an order or regulations under—
(a)any of sections 2, 5 to 7, 9, 10 and (except where subsection (6) applies) 37, or
(b)paragraph 20(4) of schedule 2,
is subject to annulment in pursuance of a resolution of the Parliament.
(5)A statutory instrument containing regulations under section 8, 19, 20, 22 or 23, if made without a draft having been laid before, and approved by a resolution of, the Parliament is subject to annulment in pursuance of a resolution of the Parliament.
(a)order under section 4 F2...,
(b)regulations under section 25,
(c)order under section 37 or regulations under section 8, 20, 22 or 23 containing provisions which add to, replace or omit any part of the text of an Act,
is or are to be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, the Parliament.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.
(1)The provisions of this Act, other than this Part, come into force on such day as the Scottish Ministers may by order appoint.
(2)This Act may be cited as the Water Environment and Water Services (Scotland) Act 2003.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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