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PART 2Control of water abstraction

Regulations etc.

20Procedure for regulations

(1)Regulations under section 7(6), 8(1)(b) or (2), 15(1)(c) or 17(1) or (2) are subject to the affirmative procedure.

(2)Other regulations under this Part are subject to the negative procedure.

(3)Regulations under this Part may make different provision for different purposes.

21Controlled Activities Regulations

(1)Nothing in this Part affects any requirement for an authorisation under the Controlled Activities Regulations.

(2)An authorisation under the Controlled Activities Regulations is subject to approval of a qualifying abstraction by the Scottish Ministers under this Part, so far as relevant in relation to the activities to which the authorisation relates (except where the authorisation exempts the abstraction under section 7(1)).

(3)In this Part—

(a)“the Controlled Activities Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209),

(b)a reference to an authorisation under the Controlled Activities Regulations is to an authorisation as defined by regulation 2 of those Regulations.

(4)The Scottish Ministers may by regulations modify—

(a)subsections (1) to (3),

(b)section 7(1).

(5)Regulations may be made under subsection (4) only if the Scottish Ministers consider them to be necessary or expedient in consequence of any revocation or amendment of—

(a)the Controlled Activities Regulations, or

(b)any subsequent regulations made under section 20 of the 2003 Act.

22Other definitions for Part

In this Part—