Part 1

Protection of the water environment
Chapter 1

Purpose, general duties and definitions

The general duties
2
1
The Scottish Ministers and SEPA must exercise their functions under the relevant enactments so as to secure compliance with the requirements of the Directive.
2
The responsible authorities must exercise their designated functions so as to secure compliance with the requirements of the Directive.
3
Subsection (4) applies to—
a
the Scottish Ministers in exercising their functions, and SEPA in exercising its functions, under the relevant enactments in pursuance of subsection (1),
b
the responsible authorities in exercising their designated functions in pursuance of subsection (2).
4
The Scottish Ministers, SEPA and the responsible authorities must—
a
have regard to the social and economic impact of such exercise of those functions,
b
so far as is consistent with the purposes of the relevant enactment or designated function in question—
i
promote sustainable flood risk management, and
ii
act in the way best calculated to contribute to the achievement of sustainable development, and
c
so far as practicable, adopt an integrated approach by co-operating with each other with a view to co-ordinating the exercise of their respective functions.
5
Without prejudice to subsections (1) to (4), the Scottish Ministers and every public body and office-holder must, in exercising any functions, have regard to the desirability of protecting the water environment.
6
The Scottish Ministers may give directions (whether general or specific) and guidance to—
a
SEPA, in relation to the exercise of its functions under the relevant enactments,
b
the responsible authorities, in relation to the exercise of their designated functions;
and SEPA and the responsible authorities must comply with any such directions and have regard to any such guidance.
7
Directions under subsection (6) may include provision for any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.
8
In this section—
- “the relevant enactments” means this Part and such other enactments as the Scottish Ministers may by order specify,
- “responsible authorities” means such public bodies and office-holders, or public bodies and office-holders of such descriptions, as the Scottish Ministers may by order designate for the purposes of this Part; and “designated functions”, in relation to a responsible authority, means such of the authority’s functions relating to the water environment as are specified in relation to the authority in an order made by the Scottish Ministers (whether or not the order designating the authority as a responsible authority).
S. 2 in force at 15.12.2003 by S.S.I. 2003/562 , art. 2(a)
Pt. 1 applied (with modifications) (2.1.2004) by Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245), regs. 1(1), 6 (as amended (10.4.2017) by S.I. 2017/407, reg. 1(a), Sch. 4 para. 1(4) (with reg. 1(c))
Pt. 1 applied (with modifications) (10.2.2004) by Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99), regs. 1(1), 5(1), Sch. 4 (with reg. 5(2))
S. 2(1)(2) modified (25.11.2009) by Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 (S.S.I. 2009/420) , regs. 1 , 3(a)
Word in s. 2(4)(b)(i) inserted (26.11.2009) by Flood Risk Management (Scotland) Act 2009 (asp 6) , s. 97(1) , Sch. 3 para. 14 (with s. 91 ); S.S.I. 2009/393 , art. 2 , Sch.