Search Legislation

The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

The Water (Scotland) Act 1980

This section has no associated Executive Note

4.—(1) The Water (Scotland) Act 1980(1) is amended as follows.

(2) In section 17 (acquisition of water rights)–

(a)in subsection (1), omit the words from “, but no such agreement” to the end;

(b)in subsection (3)–

(i)omit paragraph (a) and the following “or”; and

(ii)for “the said Part III” substitute “Part III of Schedule 4”;

(c)in subsection (4), omit paragraph (a) and the following “or”;

(d)in subsection (5)–

(i)insert at the beginning “Subject to subsections (5A) and (5B)”; and

(ii)omit the words “agreement or” in both places where they occur;

(e)after subsection (5), insert–

(5A) Before making an order for the compulsory acquisition of water rights, and in considering the matters referred to in subsections (3) to (5), the Scottish Ministers shall–

(a)obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment (and in particular as to the extent to, and the circumstances in, which water may be taken and the quantity of compensation water to be provided); and

(b)have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

(5B) In the event that the provisions of an order for the compulsory acquisition of water rights which makes provision on matters relating to the protection of the water environment and the conditions of an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 differ, and cannot reasonably be reconciled, the relevant provisions of that order shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.; and

(f)omit subsection (6).

(3) In section 109(1) (interpretation) insert the following definitions in the appropriate places alphabetically–

“protection of the water environment” has the same meaning as in section 1(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3); and

“the water environment” has the same meaning as in section 3 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

(1)

1980 c. 45. Section 109 was amended by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 108, the Local Government Finance Act 1992 (c. 14), Schedule 11, paragraph 38 and Schedule 14, the Local Government etc. (Scotland) Act 1994 (c. 39), section 179, Schedule 13, paragraph 119 and Schedule 14, the Environment Act 1995 (c. 25), Schedule 22, paragraph 34 and Schedule 24, the Local Government and Rating Act 1997 (c. 29), section 33 and Schedule 3, paragraph 16, the Fire (Scotland) Act 2005 (asp 5), Schedule 3, paragraph 9 and S.I. 1996/323.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources