The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011

Made25th October 2011

Laid before the Scottish Parliament27th October 2011

Coming into force1st December 2011

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) (Scotland) Order 2011 and comes into force on 1st December 2011.

2

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

Specification of relevant enactments2

The enactments referred to in Schedule 1 are specified as relevant enactments for the purposes of section 2 of the Act2.

Designation of responsible authorities and functions3

1

The public bodies and office holders referred to in column 1 of Schedule 2 are designated as responsible authorities for the purposes of Part 1 of the Act.

2

The functions conferred upon each responsible authority by the enactments shown in column 2 of Schedule 2 are, insofar as they relate to the water environment, specified as designated functions of that authority for the purposes of Part 1 of the Act.

Revocation4

The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 20083 is revoked.

STEWART STEVENSONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh25th October 2011

SCHEDULE 1

Article 2

Coast Protection Act 19494.
Roads (Scotland) Act 19845.
Natural Heritage (Scotland) Act 19916.
The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 19967.
Town and Country Planning (Scotland) Act 19978.
Water Industry (Scotland) Act 20029.
The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200610.
Transport and Works (Scotland) Act 200711.
Aquaculture and Fisheries (Scotland) Act 200712.
The Bathing Waters (Scotland) Regulations 200813.
The Aquatic Animal Health (Scotland) Regulations 200914.
The Flood Risk Management (Scotland) Act 200915.
The Marine (Scotland) Act 201016.
The Water Environment (Controlled Activities) (Scotland) Regulations 201117.

SCHEDULE 2

Article 3

Public bodies and office holders	Enactments	Reference
Councils constituted under section 2 of the Local Government etc. (Scotland) Act 199418	The Coast Protection Act 1949	1949 c.74
	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 Flood Risk Management (Scotland) Act 2009	2009 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 200019	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 200320	The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003	2003 asp 15
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 196721	The Forestry Act 1967	1967 c.10

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the enactments set out in Schedule 1 as relevant enactments for the purposes of section 2 of the Water Environment and Water Services (Scotland) Act 2003 (“the Act”).

The effect of specification is to require the Scottish Ministers and SEPA to exercise their 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 policy22 and to act in accordance with the requirements of section 2(4) of the Act.

This Order also designates certain public bodies and office-holders as responsible authorities for the purposes of Part 1 of the Act. Article 3(1) of the Order designates the bodies and office-holders set out in column 1 of Schedule 2 for this purpose.

The functions of those bodies and office-holders which are conferred by the enactments set out in column 2 of Schedule 2, and which relate to the water environment, are specified by Article 3(2) of the Order as designated functions for the purposes of Part 1 of the Act.