Regulation 1 Citation, commencement and application

(1)

These Regulations may be cited as the Salmon (Fish Passes and Screens) (Scotland) Regulations 1994 and shall, subject to paragraph (2) below, come into force on 1st January 1995.

(2)

These Regulations insofar as they apply—

(a)

to an off-take the construction of which commenced before 1st January 1995, shall come into force on 1st January 1998, and

(b)

to a dam the construction of which commenced before 1st January 1995, shall come into force on 1st January 2000.

(3)

Subject to paragraph (4) below, these Regulations shall apply to dams in and off-takes from inland waters which ordinarily contain upstream migrating salmon.

(4)

Regulations 3 to 7 hereof shall not apply to any dam or off-take—

(a)

the construction, extension or operation of which has been authorised, approved or consented to by the Secretary of State (or by any other Minister of the Crown) under the Electricity (Scotland) Act 1979^f1, or any enactment repealed by that Act, or under the Electricity (Scotland) Act 1989^f2; or

(b)

used for the abstraction of water for the purposes of providing a water supply in accordance with the approval of the Secretary of State granted in the exercise of any power requiring him to secure so far as practicable the rights of riparian owners and of other owners of land or salmon fishings.

Annotations

Footnotes

f1: 1979 c. 11; the Act was repealed by the Electricity (Scotland) Act 1989 (c. 29), Schedule 18.
f2: 1989 c. 29.