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

Explanatory Note

(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 policy(1) 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.

(1)

O.J. No. L 327, 22.12.2000, p.1; amended by decision 2455/2001/EC of the European Parliament and the Council of 20th November 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (O.J. No. L 331, 15.12.2001, p.1).