2008 No. 263

ENVIRONMENTAL PROTECTION

The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 2008

Made26th June 2008

Laid before the Scottish Parliament27th June 2008

Coming into force22nd September 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(8) of the Water Environment and Water Services (Scotland) Act 20031 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 2008 and comes into force on 22nd September 2008.

(2)

In this Order, “the Act” means the Water Environment and Water Services (Scotland) Act 2003.

Specification of relevant enactments2.

The Scottish Ministers hereby specify the enactments referred to in Schedule 1 as relevant enactments for the purposes of section 2 of the Act2.

Designation of responsible authorities and functions3.

(1)

The Scottish Ministers hereby designate as responsible authorities, the public bodies and office holders referred to in column 1 of Schedule 2, for the purposes of Part 1 of the Act.

(2)

The Scottish Ministers hereby specify as designated functions of each body or office holder, such of the functions relating to the water environment as are conferred by the enactments shown in column 2 of Schedule 2 relative to each body or office holder.

Revocation4.

The following Orders are revoked:–

(a)

the Water Environment and Water Services (Scotland) Act 2003 (Designation of Responsible Authorities and Functions) Order 20063; and

(b)

the Water Environment (Relevant Enactments) Order 20064.

MICHAEL W RUSSELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th June 2008

SCHEDULE 1

Article 2

Diseases of Fish Act 19375.
Coast Protection Act 19496.
Flood Prevention (Scotland) Act 19617.
Roads (Scotland) Act 19848.
Food and Environment Protection Act 19859.
Natural Heritage (Scotland) Act 199110.
The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 199611.
Town and Country Planning (Scotland) Act 199712.
Water Industry (Scotland) Act 200213.
The Water Environment (Controlled Activities) (Scotland) Regulations 200514.
The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200615.
Transport and Works (Scotland) Act 200716.
Aquaculture and Fisheries (Scotland) Act 200717.
The Bathing Waters (Scotland) Regulations 200818.

SCHEDULE 2

Article 3

Public bodies and office holders	Enactments	Reference
Councils constituted under section 2 of the Local Government etc. (Scotland) Act 199419	The Coast Protection Act 1949	1949 c. 74
	The Flood Prevention (Scotland) Act 1961	1961 c. 41
	The Civic Government (Scotland) Act 1982	1982 c. 45
	The Roads (Scotland) Act 1984	1984 c. 54
	The Environmental Protection Act 1990	1990 c. 43
	The Town and Country Planning (Scotland) Act 1997	1997 c. 8
	The Nature Conservation (Scotland) Act 2004	2004 asp 6
	The Bathing Waters (Scotland) Regulations 2008	S.S.I. 2008/170
Scottish Water	The Sewerage (Scotland) Act 1968	1968 c. 47
	The Water (Scotland) Act 1980	1980 c. 45
	The Water Industry (Scotland) Act 2002	2002 asp 3
	The Urban Waste Water Treatment (Scotland) Regulations 1994	S.I.1994/2842
Scottish Natural Heritage	The Natural Heritage (Scotland) Act 1991	1991 c. 28
	The Nature Conservation (Scotland) Act 2004	2004 asp 6
	The Conservation (Natural Habitats, &c.) Regulations 1994	S.I.1994/2716
National Park authorities established by order under section 6 of the National Parks (Scotland) Act 200020	The National Parks (Scotland) Act 2000	2000 asp 10
District Salmon Fishery Boards constituted in terms of section 43 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 200321	The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003	2003 asp 15
	The Nature Conservation (Scotland) Act 2004	2004 asp 6
The British Waterways Board	The Transport Act 1962	1962 c. 46
	The British Waterways Act 1995	1995 c.i
The Forestry Commissioners continued in existence by section 1(1) of the Forestry Act 196722	The Forestry Act 1967	1967 c. 10
	The Nature Conservation (Scotland) Act 2004	2004 asp 6
The Fisheries Committee appointed under section 5(2) of the Electricity (Scotland) Act 197923	The Electricity Act 1989	1989 c. 29

(This note is not part of the Order)

This Order specifies the enactments set out in Schedule 1 as relevant enactments within the meaning of section 2 of the Water Environment and Water Services (Scotland) Act 2003 and revokes the previous Order specifying relevant enactments.

The effect of specification is to require the Scottish Ministers and SEPA to exercise their respective functions under those enactments so as to secure compliance with the requirements of Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy24 and to act in accordance with the requirements of section 2(4) of the Water Environment and Water Services (Scotland) Act 2003.

This Order also designates certain public bodies and office-holders as responsible authorities in respect of specified functions relating to the water environment, for the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003. Article 3(1) of the Order designates the bodies and office-holders set out in column 1 of Schedule 2 for this purpose. It revokes the previous Order designating public bodies and office-holders as responsible authorities in respect of specified functions.

The functions of those bodies and office-holders which relate to the water environment, conferred by the enactments set out in column 2 of Schedule 2, are specified as designated functions of those bodies and office-holders, by Article 3(2) of the Order.