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The Water Environment (Consequential Provisions) (Scotland) Order 2006

S.S.I. 2006/127 · Made 8 March 2006

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.

ENVIRONMENTAL PROTECTION

WATER

Made 8th March 2006

Laid before the Scottish Parliament 9th March 2006

Coming into force 1st April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 36(3) and 37 of the Water Environment and Water Services (Scotland) Act 2003f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2003 asp 3.

Contents

  1. 1Citation and commencement
  2. 2Revocations and Amendments
  3. Signature
  4. Schedule
  5. IREVOCATIONS
  6. Part II: AMENDMENTS
  7. 1The Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005
  8. 2The Less Favoured Area Support Scheme (Scotland) Regulations 2005
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Water Environment (Consequential Provisions) (Scotland) Order 2006 and shall come into force on 1st April 2006.

2Revocations and Amendments

The revocations specified in Part I and the amendments specified in Part II of the Schedule to this Order shall have effect.

Signature

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th March 2006

IREVOCATIONS

ReferenceInstrumentExtent of revocation
S.I. 1987/1782The Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1987The whole Order.
S.I. 1993/1155The Control of Pollution (Registers) (Scotland) Regulations 1993f1Regulations 4A, 4B and 4C.
S.I. 1998/2746The Groundwater Regulations 1998f2The whole Regulations.
S.S.I. 2000/323The Pollution Prevention and Control (Scotland) Regulations 2000Paragraph 16 of Part II of Schedule 10.
S.S.I. 2005/22The Waste (Scotland) Regulations 2005Regulations 6(4)(b) and 7.

1The Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005

In Part II of Schedule 2 (environmental legislation) to the Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005f1, for paragraph 4 substitute–

“4

The Water Environment (Controlled Activities) (Scotland) Regulations 2005f2.”.

2The Less Favoured Area Support Scheme (Scotland) Regulations 2005

In Part I of Schedule 2 (environmental legislation) to the Less Favoured Area Support Scheme (Scotland) Regulations 2005f1, for paragraph 4 substitute–

“4

The Water Environment (Controlled Activities) (Scotland) Regulations 2005f2.”.

Explanatory note

(This note is not part of the Order)

This Order, made under sections 36(3) and 37 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3) (“the 2003 Act”), makes consequential provisions in respect of subordinate legislation necessary or expedient in consequence of the 2003 Act. The 2003 Act, together with the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348) (“the 2005 Regulations”) made under that Act provide the mechanism by which activities which impact on the water environment are authorised and regulated in Scotland. The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 will repeal the regime regulating pollution control in respect of the water environment contained in Part II of the Control of Pollution Act 1974 (“the 1974 Act”) with effect from 1st April 2006.

Article 2 gives effect to the revocations and amendments specified in the Schedule to the Order. The revocations are listed in Part I and the amendments in Part II of the Schedule respectively.

The purpose of those provisions is to make the existing legislative framework which regulates the water environment consistent with the new regulatory regime contained in the 2003 Act and the 2005 Regulations.

In particular the Order makes amendments to subordinate legislation consequential upon the repeal of Part II of the 1974 Act and revokes the Groundwater Regulations 1998.