2015 No. 323

Environmental Protection

The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Amendment Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 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) Amendment Order 2015 and comes into force on 10th October 2015.

2

In this Order, “Schedule 2” means Schedule 2 to the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 20112.

Amendment of Schedule 22

In the table in Schedule 2, omit the row relating to District Salmon Fishery Boards.

AILEEN McLEODAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 2 to the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011 to omit the entry relating to District Salmon Fishery Boards (constituted in terms of section 43 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 20033) (“the Boards”).

This amendment removes the Boards from the list of bodies which are designated as responsible authorities for the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (“the Act”). Accordingly, the Boards will no longer be subject to the general duty in section 2(2) of the Act4 to exercise their functions under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 so as to secure compliance with the requirements of—

  • Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy5,

  • Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration6, and

  • Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy7.

In addition, the Boards will no longer need to be consulted as a responsible authority, in accordance with section 21(1)(b) of the Act, before regulations are made under section 20 (regulation of controlled activities) of the Act.

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.