Search Legislation

Water Environment and Water Services (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

8Monitoring
This section has no associated Explanatory Notes

(1)SEPA must, in relation to each river basin district—

(a)carry out, or secure the carrying out of, monitoring of the status of the water environment and relevant territorial water adjacent to the district, and

(b)analyse, or secure the analysis of, the information obtained under paragraph (a).

(2)SEPA must prepare a programme for monitoring (whether by SEPA or other persons) the status of the water environment and relevant territorial water (a “monitoring programme”).

(3)Monitoring in accordance with the monitoring programme must be commenced by 22nd December 2006.

(4)Subsection (3) is subject to any provision made in regulations by virtue of subsection (5)(d).

(5)The Scottish Ministers may by regulations make provision—

(a)as to the nature and method of monitoring and analysis to be carried out (whether by SEPA or by other persons) for the purpose of subsection (1)(a),

(b)requiring persons other than SEPA to carry out such monitoring and analysis,

(c)as to the times at or by which, and the circumstances in which, such monitoring and analysis is to be carried out,

(d)for monitoring in accordance with the monitoring programme to be commenced in relation to such protected areas (within the meaning of section 7(3)) or descriptions of protected area as are specified in the regulations by such date (other than that specified in subsection (3)) as is specified in or determined under the regulations,

(e)as to the provision to SEPA of information resulting from such monitoring and analysis carried out by persons other than SEPA,

(f)as to the form and content of a monitoring programme,

(g)as to consultation and other procedure in connection with the preparation of a monitoring programme.

(6)The Scottish Ministers may issue guidance to SEPA or any other person on any matter in relation to which they have power to make regulations under subsection (5); and SEPA or, as the case may be, that person must have regard to the guidance.

(7)Subsection (6) is without prejudice to section 2(6).

(8)In this section “relevant territorial water” means so much of the territorial sea of the United Kingdom adjacent to Scotland as is not coastal water or transitional water.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources