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The Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111027820

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 36(6) of the Water Environment and Water Services (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.

Environmental Protection

Made 2015

Coming into force 14th September 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 25 and 36(2) of the Water Environment and Water Services (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with section 36(6) of that Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2003 asp 3. Section 25(1) was amended by S.I. 2011/1043.

f2

Section 36(6) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Modification of Part 1
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015 and come into force on 14th September 2015.

(2)

In these Regulations—

  • “related right”, in relation to an EU obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation; and

  • “relevant EU obligations” means EU obligations of the United Kingdom in connection with—

    1. (a)

      amendments to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policyf1 by—

      1. (i)

        Decision No 2455/2001/EC of the European Parliament and of the Councilf2;

      2. (ii)

        Directive 2008/32/EC of the European Parliament and of the Councilf3;

      3. (iii)

        Directive 2008/105/EC of the European Parliament and of the Councilf4;

      4. (iv)

        Directive 2009/31/EC of the European Parliament and of the Councilf5;

      5. (v)

        Directive 2013/39/EU of the European Parliament and of the Councilf6; and

      6. (vi)

        Commission Directive 2014/101/EUf7;

    2. (b)

      Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deteriorationf8; and

    3. (c)

      Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policyf9.

2Modification of Part 1

For the purpose of giving effect to relevant EU obligations or of exercising any related right, the provisions of Part 1 (protection of the water environment) of the Water Environment and Water Services (Scotland) Act 2003f1 have effect with the following modifications—

(a)

after section 1(1) (general purpose of Part 1) insert—

“(1A)

The reference in subsection (1) to Directive 2000/60/EC is to that Directive as amended by—

(a)

Decision No 2455/2001/EC of the European Parliament and of the Council,

(b)

Directive 2008/32/EC of the European Parliament and of the Council,

(c)

Directive 2008/105/EC of the European Parliament and of the Council,

(d)

Directive 2009/31/EC of the European Parliament and of the Council,

(e)

Directive 2013/39/EU of the European Parliament and of the Council, and

(f)

Commission Directive 2014/101/EU.”; and

(b)

in section 2 (the general duties)—

(i)

in subsections (1) and (2), after “Directive” insert “, the Groundwater Directive and the Priority Substances Directive”; and

(ii)

in subsection (8), before the definition of “the relevant enactments” insert—

  • ““the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deteriorationf2,

  • “the Priority Substances Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policyf3,”.

3Revocation

Regulations 2 and 3 of the Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009f1 are revoked.

Signature

Name

Authorised to sign by the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations provide that the provisions of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (“the Act”) have effect with certain modifications. In particular, regulation 2 modifies:

  • section 1 of the Act so that references to “the Directive” in Part 1 have effect as references to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy, as last amended by Commission Directive 2014/101/EU; and

  • section 2(1) and (2) of the Act so that the Scottish Ministers, the Scottish Environment Protection Agency and the responsible authorities must also exercise various functions so as to secure compliance with the Groundwater Directive (as amended by Commission Directive 2014/80/EU) and the Priority Substances Directive (as amended by Directive 2013/39/EU).

Accordingly, these Regulations contain provisions necessary to comply with:

Regulation 3 revokes provisions of the Water Environment (Groundwater and Priority Substances) (Scotland) Regulations 2009 which are superseded by virtue of regulation 2.