Natural Heritage (Scotland) Act 1991

Application for orders S

1 [F1 (1) Before making an application for a drought order, the applicant shall consult— S

(a) SEPA, in a case where notice of the application is required to be served on it under this paragraph; and

(b) any district salmon fishery board on whom notice of the application is required to be served under this paragraph.]

(2) The applicant for a drought order shall cause a notice of the application—

(a) to be served on the persons specified in the Table set out in sub-paragraph (3) below; and

(b) to be published in one or more newspapers circulating—

(i) within the locality which would be affected by the order; and

(ii) within any locality from which, in the opinion of the applicant, an alternative supply of water is likely to be taken,

and in the Edinburgh Gazette.

(3) The said Table is as follows—

Table

All orders	(a) Every [F2 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]. . .whose area would be affected by the order. (b) F3 . . .
Orders which suspend or modify any enactment or any order or scheme made or confirmed under any enactment.	Such persons (if any) as are specified by name in the enactment, order or scheme as being persons for whose protection it was enacted or made.
Orders which suspend or modify an agreement.	The parties to the agreement (other than the applicant).
Orders concerning the taking of water from a source or the discharge of water to a place.	(a) Every [F2 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], F4 . . . and district salmon fishery board in whose area or district the source, or the place at which water is to be discharged, is situated. (b) Every navigation authority exercising functions over any watercourse which would be affected by the order. [F5 (c) SEPA.]
Orders which authorise the execution of any works.	(a) Every [F2 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] within whose area the works are situated. (b) If the order authorises the execution of works in, under or over a watercourse, [F6 SEPA and every] district salmon fishery board within whose area or district the works, or any part of the works, are situated.
Orders which authorise the occupation and use of land.	Every owner, lessee and occupier of the land.
Orders which prohibit or limit the taking of water.	Every named person to whom the prohibition or limitation applies.

(4) A notice for the purposes of this paragraph of an application for a drought order—

(a) shall state the general effect of the application;

(b) shall specify a place—

(i) within the locality which would be affected by the order; and

(ii) within the locality from which, in the opinion of the applicant, an alternative supply of water is likely to be taken,

where a copy of any relevant map or plan may be inspected by any person free of charge at all reasonable times within a period of seven days from the date on which it is served or, as the case may be, published;

(c) shall state that objections to the application may be made to the Secretary of State within seven days from the date on which it is served or, as the case may be, published; and

(d) in the case of an application for an order authorising the occupation and use of land, shall specify the land to which the application relates.

Textual Amendments

F1 Sch. 8 para. 1(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(9)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in Sch. 8 para. 1(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 170(6)(a); S.I. 1996/323, art. 4

F3 Sch. 8: para. (b) of the first entry in the Table in para. 1(3) repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 22(6) (with s. 67); S.S.I. 2002/118, art. 2

F4 Words in Sch. 8 para. 1(3) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 96(9)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5 Words in Sch. 8 para. 1(3) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(9)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6 Words in Sch. 8 para. 1(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 96(9)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I1 Sch. 8 para. 1 wholly in force at 1.10.1991 see s. 28(2) and S.I. 1991/2187, art. 3, Sch.