Water Environment and Water Services (Scotland) Act 2003

21 Controlled activities regulations: procedure

(1) Before making any regulations under section 20, the Scottish Ministers must consult—

(a) SEPA,

(b) every responsible authority,

(c) such persons appearing them to be representative of the interests of local government, industry, agriculture, fisheries and small businesses respectively as they think fit, and

(d) such other persons as they think fit.

(2) Before making any regulations under that section specifying rules as mentioned in paragraph 3(2) of schedule 2 (general binding rules), the Scottish Ministers must, in addition to consulting as required by subsection (1)—

(a) publish a draft of the proposed rules, and publicise the opportunity to make representations about them under subsection (3), in such manner as they think fit, and

(b) make copies of the proposed rules available for public inspection for such period, which must be at least 28 days, as they may determine.

(3) Any person who wishes to make representations about the proposed rules to the Scottish Ministers may do so within the period determined under subsection (2)(b).

(4) The Scottish Ministers must, in making the regulations specifying the rules, have regard to any representations on the proposed rules received by them within that period.