Natural Heritage (Scotland) Act 1991

Part IScottish Natural Heritage

Establishment of SNH

1Scottish Natural Heritage

Functions of SNH

2General functions of Scottish Natural Heritage

3Duty to take account of certain matters

4Nature conservation functions

5Development projects or schemes

6Natural Heritage Areas

7Powers of entry

Grants and loans

8Government grants to Scottish Natural Heritage

9Grants and loans

10Reports, accounts etc

11Directions by Secretary of State

12Advisory Committee on SSSIs

13Access to open country

14Dissolution of bodies

Part IIIrrigation

15Power to control abstraction of water for irrigation

16Offence of unlicensed abstraction of water for irrigation

18Special provisions for shortage or abundance of water

19Transitional provisions

Part IIIDrought

20Drought orders

21Offences against drought orders

22Interpretation, transitional provisions and savings

24Rights of entry and inspection under Parts II and III

25Service of documents

26Offences by persons other than natural persons

27Consequential and miscellaneous amendments and repeals

28Short title, commencement and extent

SCHEDULE 1Constitution and proceedings of Scottish Natural Heritage

Incorporation and status

1SNH shall be a body corporate and shall have a...

2(1) SNH shall not— (a) be regarded as a servant...

3The members of SNH shall be not less than eight,...

4In making appointments under paragraph 3 above, the Secretary of...

5The Secretary of State shall satisfy himself—

6A person in respect of whom the Secretary of State...

7Subject to this paragraph and paragraphs 9 and 10 below,...

8The Secretary of State may, by order made by statutory...

9The Secretary of State may remove a member from office...

Chairman and Deputy Chairman

10(1) The Secretary of State shall appoint one of the...

Remuneration and allowances

11(1) SNH shall— (a) pay to its members such remuneration...

12(1) There shall be a chief officer of SNH.

13Subject to paragraph 3 of Schedule 4 to this Act,...

14(1) SNH shall, in the case of such of its...

15(1) SNH may regulate its own procedure (including making provision...

16(1) SNH may appoint persons who are not members of...

Delegation of powers

17(1) Anything authorised or required by or under any enactment...

18(1) For any purpose other than those mentioned in sub-paragraph...

19(1) For the purposes of the application of any enactment...

SCHEDULE 2Amendment of Enactments conferring nature conservation functions

National Parks and Access to the Countryside Act 1949 (c. 97)

1(1) The National Parks and Access to the Countryside Act...

Deer (Scotland) Act 1959 (c. 40)

2In section 1 of the Deer (Scotland) Act 1959 (constitution...

Countryside Act 1968 (c. 41)

3In section 15(6A) of the Countryside Act 1968 (definition of...

Conservation of Seals Act 1970 (c. 30)

4In section 10(5) of the Conservation of Seals Act 1970...

Badgers Act 1973 (c. 57)

5(1) Section 9 of the Badgers Act 1973 (power to...

Import of Live Fish (Scotland) Act 1978 (c. 35)

6In section 1(2) of the Import of Live Fish (Scotland)...

Animal Health Act 1981 (c. 22)

7(1) The Animal Health Act 1981 shall be amended as...

Wildlife and Countryside Act 1981 (c. 69)

8(1) The Wildlife and Countryside Act 1981 shall be amended...

Inheritance Tax Act 1984 (c. 51)

9In Schedule 3 to the Inheritance Act 1984 (gifts for...

Environmental Protection Act 1990 (c. 43)

10(1) The Environmental Protection Act 1990 shall be amended as...

SCHEDULE 3Access to Open Country

1Part II of the Countryside (Scotland) Act 1967 (access to...

2In section 10, in subsection (2) (definition of “open country”)...

3(1) Section 13 (making of access agreements) shall be amended...

4(1) Section 14 (making of access orders) shall be amended...

5(1) Section 15 shall be amended as follows.

6In section 16, for subsection (5) there shall be substituted...

7(1) Section 17 shall be amended as follows.

8(1) Section 18 shall be amended as follows.

9(1) Section 20 shall be amended as follows.

10(1) Section 22 shall be amended as follows.

11(1) Section 23 shall be amended as follows.

12(1) Section 24 shall be amended as follows.

13In section 26 at the end there shall be inserted...

14(1) Section 27 shall be amended as follows.

15(1) In section 28— (a) for the words “A general...

16(1) Section 29 shall be amended as follows.

SCHEDULE 4Transitional arrangements on the dissolution of existing bodies

1In this Schedule— “the appointed day” means the date appointed...

Preparation of accounts and reports

2(1) The requirement imposed on— (a) the Council by paragraphs...

Offers of employment

3(1) SNH shall, not later than such date as the...

Continuity of employment, redundancy etc.

4Where a person becomes an employee of SNH in consequence...

5Where an offer is made to a person in pursuance...

6(1) Any dispute as to whether an offer under sub-paragraph...

Continuity of exercise of functions

7(1) Any relevant thing done by or in relation to...

Construction of references to the Council and the Commission

8(1) This paragraph applies to any agreement, any instrument and...

9The Secretary of State may, by order, make such consequential...

10(1) The Secretary of State may, in relation to any...

SCHEDULE 5Provisions as to applications for, making, coming into operation, and validity of, control orders

1An application for a control order— (a) shall specify the...

2On making an application for a control order the river...

3(1) Not later than the date on which a notice...

4Not later than the date on which the said notice...

5If before the expiration of the said period of twenty-eight...

6The provisions of subsection (2) to (8) of section 210...

7After considering any objections to the application which are not...

8The Secretary of State shall not make a control order...

9If the Secretary of State makes a control order the...

10If any person affected by a control order desires to...

11Subject to the provisions of paragraph 10 above, a control...

SCHEDULE 6Provisions as to applications for, variation, revocation and transfer of licences under Part II

Applications for Licences under Part II

1(1) An application for a licence under section 17 of...

Appeal against refusal to grant licence

2(1) Where an applicant is aggrieved by a decision under...

Variation of licence and late application for licence

3(1) A river purification authority may on the application of...

Revocation of licences

4A river purification authority may revoke a licence granted by...

Transfer of licences

5(1) Subject to sub-paragraph (2) below, where the holder of...

SCHEDULE 7Further provisions regarding drought orders

Duration of drought orders

1(1) This paragraph applies to the period for which the...

Exercise of power to make a drought order

2(1) A drought order may— (a) make different provision for...

Prohibition or limitation of use of water

3Where a drought order contains a provision authorising a water...

Abstractions and discharges of water

4(1) Any drought order which— (a) authorises the taking of...

Works under drought orders

5(1) A drought order may authorise a water authority or...

6An interruption or diminution of the supply of water shall...

7The Secretary of State may require a water authority or...

SCHEDULE 8Procedure for making drought orders

Application for orders

1(1) Before making an application for a drought order, the...

Objections to and making of orders

2(1) If any objection is duly made with respect to...

3After a drought order has been made, the person on...

SCHEDULE 9Compensation in respect of drought orders

1Except as provided by section 24(9) of this Act and...

2The provisions of this Schedule shall not apply to compensation...

3(1) This paragraph shall apply for determining the compensation to...

4(1) A claim for the compensation under this Schedule shall...

5(1) A claim for compensation under paragraph 3 above may...

SCHEDULE 10Miscellaneous Amendments

Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)

1At the end of section 17(1) of the Rivers (Prevention...

Superannuation Act 1965 (c. 74)

2In paragraph 7 of section 39(1) of the Superannuation Act...

Parliamentary Commissioner Act 1967 (c. 13)

3In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

Countryside (Scotland) Act 1967 (c. 86)

4(1) The Countryside (Scotland) Act 1967 shall be amended as...

Sewerage (Scotland) Act 1968 (c. 47)

5The Sewerage (Scotland) Act 1968 shall be amended as follows...

Local Government (Scotland) Act 1973 (c. 65)

6After section 135 of the Local Government (Scotland) Act 1973...

Control of Pollution Act 1974 (c. 40)

7(1) The Control of Pollution Act 1974 shall be amended...

House of Commons Disqualification Act 1975 (c. 24)

8In Part II of Schedule 1 to the House of...

Water (Scotland) Act 1980 (c. 45)

9(1) The Water (Scotland) Act 1980 shall be amended as...

Road Traffic Regulation Act 1984 (c. 27)

10(1) Section 22 of the Road Traffic Regulation Act 1984...

Roads (Scotland) Act 1984 (c. 54)

11(1) The Roads (Scotland) Act 1984 shall be amended as...

Agriculture Act 1986 (c. 49)

12In section 18(2) of the Agriculture Act 1986 (designation and...

Electricity Act 1989 (c. 29)

13In paragraph 4(2) of Schedule 9 to the Electricity Act...

SCHEDULE 11Repeals

Natural Heritage (Scotland) Act 1991

1991 Chapter 28

An Act to establish Scottish Natural Heritage; to make provision as to the management of water resources in Scotland; and for connected purposes.

[27th June 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—