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Local Government (Miscellaneous Provisions) (Scotland) Act 1981

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33Power of water authority or water development board to relax or dispense with byelaw relating to misuse of water

In section 70 of the Water (Scotland) Act 1980 (which empowers a water authority or water development board to make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by them), after subsection (3) there shall be added the following subsection—

(4)Where a water authority or water development board consider that a byelaw made by them under this section ought not to operate in relation to any particular case or class of cases they may, with the consent of the Secretary of State, relax the requirements of, or dispense with compliance with, that byelaw accordingly:

Provided that the authority, or as the case may be the Board, shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State—

(a)shall not give his consent before the expiration of one month from the giving of the notice; and

(b)shall, before giving his consent, take into consideration any relevant objection which may have been received by him..

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