Natural Heritage (Scotland) Act 1991

Water (Scotland) Act 1980 (c. 45)

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

(2) In subsection (1) of section 31 (consultation with English authorities)—

(a) after the words “consult with” there shall be inserted “(a)”; and

(b) at the end of the subsection there shall be added the words “; and

(b) the river purification board in whose area any watercourse or underground strata from which or to which it is proposed to transfer water under this subsection is situated.”

(3) In subsection (3)(a) of section 33 (notice of temporary discharge of water into watercourses)—

(a) after the word “intentions” there shall be inserted “(i)”; and

(b) after the words “within which” there shall be inserted the words “; and

(ii) the river purification board in whose area,”.

(4) The words of section 76K (power to give effect to international obligations) shall be subsection (1) of that section and the section shall be further amended as follows—

(a) in subsection (1) leave out the words from “to give effect” to the end of that subsection and insert—

“(a) to give effect to any Community obligation or exercise any related right; or

(b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.”; and

(b) after subsection (1) there shall be added the following subsection—

“(2) In this section—

• “modifications” includes additions, alterations and omissions; and

• “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.”.

(5) In section 101 (power to make regulations) after subsection (1) there shall be inserted the following subsection—

“(1A) Regulations made under this Act may make—

(a) such supplemental, consequential or transitional provision as the Secretary of State thinks fit;

(b) different provision for different cases or classes of case.”

(6) In section 109(1) (interpretation of expressions) in the definition of “river purification authority” at the end there shall be added “and “river purification board” shall be construed in accordance with section 135 of the [1973 c. 65.] Local Government (Scotland) Act 1973”.