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The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011

S.S.I. 2011/368 · Made 25 October 2011 · Extends to Scotland

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Environmental Protection

Made 25th October 2011

Laid before the Scottish Parliament 27th October 2011

Coming into force 1st December 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(8) of the Water Environment and Water Services (Scotland) Act 2003f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2003 asp 3.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Specification of relevant enactments
  3. 3Designation of responsible authorities and functions
  4. 4Revocation
  5. Signature
  6. Schedule 1Schedule 1
  7. Schedule 2Schedule 2
  8. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011 and comes into force on 1st December 2011.

(2)

In this Order, “the Act” means the Water Environment and Water Services (Scotland) Act 2003.

2Specification of relevant enactmentsI1

The enactments referred to in Schedule 1 are specified as relevant enactments for the purposes of section 2 of the Actf1.

3Designation of responsible authorities and functionsI1

(1)

The public bodies and office holders referred to in column 1 of Schedule 2 are designated as responsible authorities for the purposes of Part 1 of the Act.

(2)

The functions conferred upon each responsible authority by the enactments shown in column 2 of Schedule 2 are, insofar as they relate to the water environment, specified as designated functions of that authority for the purposes of Part 1 of the Act.

4RevocationI1

The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 2008f1 is revoked.

Signature

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th October 2011

Schedule 1I1

  • Coast Protection Act 1949f1.

  • Roads (Scotland) Act 1984f2.

  • Natural Heritage (Scotland) Act 1991f3.

  • The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996f4.

  • Town and Country Planning (Scotland) Act 1997f5.

  • Water Industry (Scotland) Act 2002f6.

  • The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006f7.

  • Transport and Works (Scotland) Act 2007f8.

  • Aquaculture and Fisheries (Scotland) Act 2007f9.

  • The Bathing Waters (Scotland) Regulations 2008f10.

  • The Aquatic Animal Health (Scotland) Regulations 2009f11.

  • The Flood Risk Management (Scotland) Act 2009f12.

  • The Marine (Scotland) Act 2010f13.

  • F1...

  • F2The Water Environment (Remedial Measures) (Scotland) Regulations 2016.

  • F3The Environmental Authorisations (Scotland) Regulations 2018.

  • F4The Forestry and Land Management (Scotland) Act 2018.

Schedule 2I1

Public bodies and office holders

Enactments

Reference

Councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994f1The Coast Protection Act 19491949 c.74
The Civic Government (Scotland) Act 19821982 c.45
The Roads (Scotland) Act 19841984 c.54
The Environmental Protection Act 19901990 c.43
The Town and Country Planning (Scotland) Act 19971997 c.8.
The Flood Risk Management (Scotland) Act 20092009 asp 6
The Bathing Waters (Scotland) Regulations 2008S.S.I. 2008/170
Scottish WaterThe Sewerage (Scotland) Act 19681968 c.47
The Water (Scotland) Act 19801980 c.45
The Water Industry (Scotland) Act 20022002 asp 3
The Urban Waste Water Treatment (Scotland) Regulations 1994S.I. 1994/2842
Scottish Natural HeritageThe Natural Heritage (Scotland) Act 19911991 c.28
The Nature Conservation (Scotland) Act 20042004 asp 6
The Conservation (Natural Habitats, &c.) Regulations 1994S.I. 1994/2716
National Park authorities established by order under section 6 of the National Parks (Scotland) Act 2000f2The National Parks (Scotland) Act 20002000 asp 10
F1. . .. . .. . .
The British Waterways BoardThe Transport Act 19621962 c.46
The British Waterways Act 19951995 c.i
F2. . .. . .. . .

Explanatory note

(This note is not part of the Order)

This Order specifies the enactments set out in Schedule 1 as relevant enactments for the purposes of section 2 of the Water Environment and Water Services (Scotland) Act 2003 (“the Act”).

The effect of specification is to require the Scottish Ministers and SEPA to exercise their functions under those enactments so as to secure compliance with the requirements of Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policyf1 and to act in accordance with the requirements of section 2(4) of the Act.

This Order also designates certain public bodies and office-holders as responsible authorities for the purposes of Part 1 of the Act. Article 3(1) of the Order designates the bodies and office-holders set out in column 1 of Schedule 2 for this purpose.

The functions of those bodies and office-holders which are conferred by the enactments set out in column 2 of Schedule 2, and which relate to the water environment, are specified by Article 3(2) of the Order as designated functions for the purposes of Part 1 of the Act.