The Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005

SCHEDULE 1

The works referred to in this Order and shown on the deposited plan are:–

• Works No. 1:

  Installation of a new fish pass, which houses galvanised steel notch plates to control the compensation flow into the Allt Beithe.

• Works No. 2:

  Installation of a new raw water pipeline extending to the new water treatment works which is to be located at Ordnance Survey National Grid Reference NG 879 882 (the construction of which treatment works is not authorised hereunder).

• Works No. 3:

  Installation of a new steel notch weir, including provision for a fish pass, on the Allt Beithe situated at Ordnance Survey National Grid Reference NG 889 880. Installation of a new gauging post attached to the weir to allow the flow in the Allt Beithe to be measured.

• Works No. 4:

  Installation of an approved gauge to measure and record the flow abstracted from the Loch a'Bhaid Luachraich, to be housed in the said new water treatment works located at Ordnance Survey National Grid Reference NG 879 882.

SCHEDULE 2

The modifications and adaptations of Schedule 4 to the Act referred to in this Order are–

1.  For paragraph 2 of Schedule 4 there is substituted–

“In the construction of the works described in Schedule 1 to the Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005, Scottish Water may deviate laterally to any extent not exceeding the limits of deviation shown on the deposited plan and it may deviate vertically from the levels shown on the deposited plan to any extent:

Provided that–

(a) no control building shall be constructed at a greater height above the general surface of the ground than that shown on the deposited plan and 2 metres 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 deposited plan.”.

2.  For paragraph 10(3) of Schedule 4 there is substituted–

“If Scottish Water–

(a) fails to construct or maintain in good order any such gauge as is mentioned in the Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005, or refuses to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by it in connection therewith or to take copies of any such records; or

(b) takes any water contrary to the provisions of the Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005,

it shall, without prejudice to its 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.”.