(This note is not part of the Order)
This Order makes modifications of enactments which appear to be necessary or expedient in consequence of the Water Industry (Scotland) Act 2002 (asp 3) (“the 2002 Act”). Section 20 of the 2002 Act created Scottish Water, which took over the functions previously exercisable by the former water and sewerage authorities (the East, North and West of Scotland Water Authorities).
Article 2 provides for the modifications of the enactments specified in the Schedule to this Order. In the Schedule, modifications of public general enactments are in Part I and modifications of subordinate legislation are in Part II.
The modifications in paragraph 1 of the Schedule are to ensure that, where Scottish Water exercises its powers of compulsory purchase under section 47 of the 2002 Act, the procedure for compulsory purchase of land, as set out in the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42), will apply to Scottish Water in the same way as they apply in relation to local authorities exercising such powers.
The effect of the modifications in paragraphs 2 to 15 of the Schedule is to replace any references to the former water and sewerage authorities in the enactments specified with references to Scottish Water, or to repeal or revoke provisions concerning those authorities which will have no application to Scottish Water.