The Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003

Application of Part 1 of the Scottish Act to the Northumbria River Basin District

6.—(1) Part 1 of the Scottish Act shall apply in relation to so much of the Northumbria River Basin District as lies within Scotland, subject to the following modifications.

(2) Sections 4 to 15, 17 and 19 (river basin management planning) shall not apply.

(3) Section 16 (duty to have regard to river basin management plans and sub-basin plans) shall have effect as if—

(a) references to a river basin district included references to the Northumbria River Basin District; and

(b) in relation to that district—

(i) in paragraph (a), the reference to the river basin management plan were a reference to the river basin management plan for that district as approved under regulation 14 of the principal Regulations and any supplementary plan prepared under regulation 16 of the principal Regulations; and

(ii) paragraphs (b) and (c) were omitted.

(4) Section 18 shall apply as if—

(a) in subsection (1), the reference to “SEPA’s functions under this Chapter”; and

(b) in subsection (2), the reference to “any of its functions under this Chapter”,

were a reference to the Scottish Environment Protection Agency’s relevant functions and its duty under regulation 4.

(5) Sections 20(2)(b) (regulation of controlled activities) and 22(1) (remedial and restoration measures) and paragraph 2(2) of Schedule 2 (regulators to exercise functions with a view to achieving environmental objectives set out in river basin management plans) shall have effect as if references to environmental objectives set out in river basin management plans included references to environmental objectives set out in any river basin management plan for the Northumbria River Basin District approved under regulation 14 of the principal Regulations.

(6) Section 26 (annual report on implementation of Directive) shall have effect as if—

(a) in paragraph (a), the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by these Regulations; and

(b) in paragraph (b), the reference to section 9 (environmental objectives and programmes of measures) included a reference to regulation 10 of the principal Regulations as it applies to the Northumbria River Basin District.

(7) Section 27 shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by these Regulations.