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Natural Heritage (Scotland) Act 1991

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This is the original version (as it was originally enacted).

5(1)A drought order may authorise a water authority or a water development board, 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—

(a)may authorise that authority or board 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 [1980 c. 45.] 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 a water authority or water development board 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 a water authority or water development board to enter upon land shall provide that the authority or board 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 section 39(1) of the [1950 c. 39.] Public Utilities Street Works Act 1950.

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