2007 No. 178
WATER

The Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2007

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 30B and 104(1) of the Control of Pollution Act 19741 and section 2(2) of the European Communities Act 19722 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1.

These Regulations may be cited as the Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2007, come into force on 31st March 2007 and extend to Scotland only.

Amendments to the Surface Waters (Fishlife) (Classification) (Scotland) Regulations 19972.

(1)

The Surface Waters (Fishlife) (Classification) (Scotland) Regulations 19973 are amended in accordance with paragraphs (2) to (5).

(2)

In paragraph (2) of regulation 1 (interpretation), for “Directive 78/659/EEC (the quality of fresh waters needing protection or improvement in order to support fishlife)” substitute “Directive 2006/44/EC of the European Parliament and of the Council on the quality of fresh waters needing protection or improvement in order to support fishlife 4 (“Directive 2006/44/EC”)”.

(3)

In paragraph (a) of regulation 6 (modification of section 30C of the Control of Pollution Act 1974), for “Directive 78/659/EEC” substitute “Directive 2006/44/EC”.

(4)

In paragraph (1) of regulation 7 (information required in connection with implementation of the Directive), for “Directive 78/659/EEC” substitute “Directive 2006/44/EC”.

(5)

In the heading to column 1 of the table contained in Part I of the Schedule (criteria for classification of waters as salmonid and cyprinid waters), for “No. in Annex 1 to 78/659/ EEC” substitute “No. in Annex 1 to Directive 2006/44/EC”.

SARAH H BOYACK
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997 (“the 1997 Regulations”).

These amendments update the 1997 Regulations to reflect the consolidation of Council Directive 78/659/EEC and its amendments in Directive 2006/44/EC of the European Parliament and of the Council on the quality of fresh waters needing protection or improvement in order to support fishlife (O.J. No. L 264, 25.9.06, p.20).

The 1997 Regulations as amended prescribe a system for classifying the quality of controlled waters which are fresh waters which need protection or improvement in order to support fishlife.