The Scottish Water (Abhainn Chro Bheinn) Water Order 2005

Citation and commencement

1.  This Order may be cited as the Scottish Water (Abhainn Chro Bheinn) Water Order 2005 and shall come into force on 21st October 2005.

Interpretation

2.  In this Order–

“the Act” means the Water (Scotland) Act 1980;

“approved” means approved by the Scottish Ministers;

“day” means a period of 24 hours reckoned from midnight;

“deposited plan” means the plan, prepared in triplicate, docqueted and signed as relative to this Order and marked “Scottish Water (Abhainn Chro Bheinn) Water Order 2005”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, one in the head office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife; and one in Scottish Water Inverness Area Office, 31 Henderson Drive, Longman North, Inverness, IV1 1TK;

“gauge” includes a gauge, weir or other apparatus for measuring the flow of water;

“intake” includes any work by which water is taken by Scottish Water for the purposes of the undertaking;

“Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002(1);

“undertaking” means the water undertaking for the time being of Scottish Water; and

“works” means the works described in Schedule 1 to this Order and shown on the deposited plan.

Incorporation and application of provisions of Schedule 4 to the Act

3.  The provisions of paragraphs 2, and 10(3) of Schedule 4 to the Act(2), modified and adapted to read as set out in Schedule 2 to this Order shall apply to the undertaking insofar as affected by the provisions of this Order, and the terms used in the provisions of that paragraph, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.

Water rights

4.  Subject to the provisions of this Order, Scottish Water may for the purposes of the undertaking and by means of an intake (Work No. 3), take water from the Abhainn Chro Bheinn in the area of the Highland Council.

5.—(1) During the construction of the works, Scottish Water may take from the Abhainn Chro Bheinn, such water as it may require for such construction.

(2) After completion of the works, and when the flow in the Abhainn Chro Bheinn is equal to or greater than 621 cubic metres per day, Scottish Water may, in any day, take from the Abhainn Chro Bheinn, a quantity of water not greater than 181 cubic metres, as measured and recorded by an approved gauge (Work No. 5)

(3) After completion of the works, and when the flow in the Abhainn Chro Bheinn is less than 621 cubic metres per day, Scottish Water shall not, in any day, take water from the Abhainn Chro Bheinn, such as to cause less than 440 cubic metres of water to be discharged into the Abhainn Chro Bheinn, all as regulated by a v notch weir (Work No. 1) and as measured by a staging post (Work No. 2).

6.  If the power to take water conferred by this Order has not been exercised by 31st January 2007 the said power shall cease.

Revocation

7.  The Argyll County Council (Amhainn Chro Beinn, Kilchoan) Water Order 1955(3) is revoked with effect from 31st January 2007.

ANDREW SCOTT

A member of the staff of the Scottish Ministers

St Andrew’s House, Edinburgh

18th October 2005