The Water Environment (Consequential Provisions) (Scotland) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order, made under sections 36(3) and 37 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3) (“the 2003 Act”), makes consequential provisions in respect of subordinate legislation necessary or expedient in consequence of the 2003 Act. The 2003 Act, together with the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) (“the 2005 Regulations”) made under that Act provide the mechanism by which activities which impact on the water environment are authorised and regulated in Scotland. The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 will repeal the regime regulating pollution control in respect of the water environment contained in Part II of the Control of Pollution Act 1974 (“the 1974 Act”) with effect from 1st April 2006.

Article 2 gives effect to the revocations and amendments specified in the Schedule to the Order. The revocations are listed in Part I and the amendments in Part II of the Schedule respectively.

The purpose of those provisions is to make the existing legislative framework which regulates the water environment consistent with the new regulatory regime contained in the 2003 Act and the 2005 Regulations.

In particular the Order makes amendments to subordinate legislation consequential upon the repeal of Part II of the 1974 Act and revokes the Groundwater Regulations 1998.