# The Strathclyde Regional Council (the Ayr Burgh Act 1885) (Amendment) Water Order 1994, Paragraph 4


There shall be inserted after section 36 a new section as follows:–
“Further powers to take water
36A –
(1) The Council may by means of the transfer scheme works–
(a) at the east end of the loch known as Loch Finlas discharge into Loch Finlas water conducted thereto from the loch known as Loch Riecawr;
(b) discharge into the loch known as Derclach Loch water conducted thereto from Loch Finlas;
(c) by means of a dam with an overflow sill at the outlet of Derclach Loch (Work No.4 within the meaning of the Seventh Schedule to this Act) raise the level of Derclach Loch by approximately 150 mm;
(d) for the purposes of the undertaking and subject to subsection (2) below, take from Derclach Loch in any one day a quantity of water not greater than 34,000 cubic metres as measured through or over an approved gauge (Work No.8 within the said meaning).
(2) The Council shall not take a quantity of water from Derclach Loch as measured through or over an approved gauge (Work No.8 within the said meaning) which exceeds the quantity of water discharged thereto from Loch Finlas as measured through or over an approved gauge (Work No.7 within the said meaning) and shall take and discharge the said amounts of water in a constant and uniform manner simultaneously at Derclach Pumping Station (Work No.5 within the said meaning) and Finlas Pumping Station (Work No.2 within the said meaning) respectively.
(3) After construction of the works described in the Seventh Schedule to this Act the Council shall not take water–
(a) from Loch Finlas during any period when the water level in the said loch is below 250.78 metres above Ordnance Datum;
(b) from Derclach Loch during any period when the water level in the said loch is below 254.70 metres above Ordnance Datum.
(4) If the Council–
(a) fail to install or maintain in good order any such gauge as is mentioned in the Seventh Schedule to this Act or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or
(b) take any water contrary to the provisions of this section;
they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, on summary conviction to a fine not exceeding level 3 on the standard scale and, in the case of an offence under paragraph (b) of this subsection–
(i) on summary conviction, to a fine not exceeding the statutory maximum; and
(ii) on conviction on indictment, to a fine.
(5) For the purposes of this section a fishery district board shall be deemed to be interested in the flow of water in any stream within their fishery district or any stream feeding such a stream.”.

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Source: https://www.legislation.gov.uk/uksi/1994/3309/schedule/paragraph/4 (the official version)
Page: https://openlegislation.uk/strathclyde-regional-council-the-ayr-burgh-act-1885-amendment-water-order-1994/schedule/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.