Natural Heritage (Scotland) Act 1991

Works under drought orders S

5 (1) A drought order may authorise [F1 Scottish Water]. . ., subject to any conditions and restrictions specified in the order, to execute any works required for the performance of any duty or the exercise of any power which is imposed or conferred by or under the order and— S

(a) may authorise [F1 Scottish Water]. . . for the purpose to enter upon any land specified in the order and to occupy and use the land to such extent and in such manner as may be requisite for the execution and maintenance of the works; and

(b) may apply in relation to the execution of the works such of the provisions of Part III of and Schedules 3 and 4 to the M1 Water (Scotland) Act 1980 as appear to the Secretary of State to be appropriate, subject to such modifications as may be specified in the order.

(2) Where a drought order authorises [F2 Scottish Water]. . . to enter upon any land, the provisions of subsections (2), (4), (5), (7), (8) and (9) of section 24 of this Act shall apply, subject to sub-paragraph (3) below, to the right of entry given by such an order as they apply to the right of entry given by that section.

(3) A drought order which authorises [F3 Scottish Water]. . .to enter upon land shall provide that [F3 Scottish Water]. . . shall give to the occupier of the land and to such other persons concerned with the land as may be specified in the order not less than twenty-four hours’ notice of any intended entry: and a sheriff shall not grant a warrant under paragraph (a) or (b) of section 24(2) of this Act unless he is satisfied that such notice has been given.

(4) Any works to be carried out under the authority of an emergency drought order shall be included in the definition of emergency works in [F4 section 111 of the M2 New Roads and Street Works Act 1991].

Annotations:

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Amendments (Textual)

F1 Words in Sch. 7 para. 5(1) substituted (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 22(5)(c)(i) (with s. 67); S.S.I. 2002/118, art. 2

F2 Words in Sch. 7 para. 5(2) substituted (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 22(5)(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F3 Words in Sch. 7 para. 5(3) substituted (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 22(5)(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F4 Words in Sch. 7 para. 5(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 127; S.I. 1992/2990, art. 2(2), Sch. 2.

Commencement Information

I1 Sch. 7 para. 5 wholly in force at 1.10.1991 see s. 28(2) and S.I. 1991/2187, art. 3, Sch.

Marginal Citations

M1 1980 c. 45.

M2 1991 c. 22