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The Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 1) Order 2003

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Scottish Statutory Instruments

2003 No. 562 (C. 30)

ENVIRONMENTAL PROTECTION

WATER

The Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 1) Order 2003

Made

20th November 2003

The Scottish Ministers, in exercise of the powers conferred by section 38(1) of the Water Environment and Water Services (Scotland) Act 2003(1), hereby make the following Order:

Citation

1.  This Order may be cited as the Water Environment and Water Services (Scotland) Act 2003 (Commencement No. 1) Order 2003.

Appointed day

2.  15th December 2003 is hereby appointed the day on which the following provisions of the Water Environment and Water Services (Scotland) Act 2003 come into force:–

(a)sections 1 to 7;

(b)section 18;

(c)sections 20 and 21; and

(d)sections 26 to 28.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

20th November 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 on 22nd December 2003–

  • section 1 sets out the general purpose of Part 1 of the Act;

  • section 2 sets out the general duties of the Scottish Ministers, the Scottish Environment Protection Agency (“SEPA”) and the responsible authorities when exercising their functions under the Act;

  • section 3 defines terms used in the Act and makes provision for the depositing and inspection of maps showing the extent of transitional and coastal waters;

  • section 4 concerns the establishment of River Basin Districts, and section 5 concerns the characterisation of each River Basin District;

  • section 6 requires the Scottish Ministers to identify bodies of water within each River Basin District used for the extraction of drinking water;

  • section 7 relates to preparation and maintenance of a register of protected areas within each River Basin District;

  • section 18 gives SEPA the power to obtain from the Scottish Ministers, responsible authorities and other persons any information or documents reasonably required in the exercise of its functions under Chapter 2 of Part 1 of the Act;

  • section 20 gives the Scottish Ministers the power to make regulations for the control of activities for the purpose of protecting the water environment;

  • section 21 concerns the procedure in connection with regulations made under section 20;

  • section 26 requires the Scottish Ministers annually to lay a report before Parliament on the implementation of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (the Water Framework Directive);

  • section 27 concerns the availability of documents for public inspection; and

  • section 28 contains the interpretation provisions for Part 1 of the Act.

The Act received Royal Assent on 5th March 2003.

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