The West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997

Article 2

SCHEDULE 1

The works referred to in this Order and shown on the deposited plan marked “The West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997 Plan of Catchment Area, Location Plan and Plans and Sections of Works No 1” are–

Works No 1

An intake structure incorporating pumps, intake and scour pipework, an approved gauge board and weir to measure the specified flow in the River Bellart and an approved gauge to measure and record the amount of water taken from the river and the rate at which the said amount was taken.

Article 3

SCHEDULE 2

The provisions of Schedule 4 to the Act referred to in, and as modified and adapted for the purpose of, this Order are–

Section 2

In the construction of the works the Authority may deviate laterally to any extent not exceeding the limits of deviation shown on the deposited plan marked “The West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997 Plan of Catchment Area, Location Plan and Plans and Sections of Works No 1” and they may also deviate vertically from the levels shown on that plan to any extent:

Provided that–

(a) no structure within the watercourse shall be constructed at a greater height above the general bed level than that shown on the said plan and 150 millimetres in addition thereto; and

(b) except for the purposes of crossing a stream, canal, dyke, watercourse or railway, or of crossing any lands where the consent of all persons interested in those lands has been obtained, no pipe or other conduit or aqueduct shall be raised above the surface of the ground otherwise than in accordance with the said plan.

Section 10(3)

If the Authority–

(a) fail to construct or maintain in good order any such gauge as is mentioned in the West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997, or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or

(b) take any water contrary to the provisions of the West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997,

they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, on summary conviction to a fine not exceeding level 3 on the standard scale and, in the case of an offence under paragraph (b) of this subsection–

(i) on summary conviction, to a fine not exceeding the statutory maximum; and

(ii) on conviction on indictment, to a fine.