Regulation 6 Application of Part 1 of the Scottish Act to the Northumbria River Basin District

United Kingdom

(1)

Part 1 of the Scottish Act shall apply in relation to so much of the Northumbria River Basin District as lies within Scotland, subject to the following modifications.

(2)

Sections 4 to 15, 17 and 19 (river basin management planning) shall not apply.

(3)

Section 16 (duty to have regard to river basin management plans and sub-basin plans) shall have effect as if—

(a)

references to a river basin district included references to the Northumbria River Basin District; and

(b)

in relation to that district—

(i)

in paragraph (a), the reference to the river basin management plan were a reference to the river basin management plan for that district as approved under F1regulation 31 of the principal Regulations and any supplementary plan prepared under F2regulation 32 of the principal Regulations; and

(ii)

paragraphs (b) and (c) were omitted.

(4)

Section 18 shall apply as if—

(a)

in subsection (1), the reference to “SEPA’s functions under this Chapter”; and

(b)

in subsection (2), the reference to “any of its functions under this Chapter”,

were a reference to the Scottish Environment Protection Agency’s relevant functions and its duty under regulation 4.

(5)

Sections 20(2)(b) (regulation of controlled activities) and 22(1) (remedial and restoration measures) and paragraph 2(2) of Schedule 2 (regulators to exercise functions with a view to achieving environmental objectives set out in river basin management plans) shall have effect as if references to environmental objectives set out in river basin management plans included references to environmental objectives set out in any river basin management plan for the Northumbria River Basin District approved under F3regulation 31 of the principal Regulations.

F4(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

Section 27 shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by these Regulations.

Annotations

Textual amendments

F1: Words in reg. 6(3)(b)(i) substituted (E.W.) (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), reg. 1(a), Sch. 4 para. 1(4)(a)(i) (with reg. 1(c))
F2: Words in reg. 6(3)(b)(i) substituted (E.W.) (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), reg. 1(a), Sch. 4 para. 1(4)(a)(ii) (with reg. 1(c))
F3: Words in reg. 6(5) substituted (E.W.) (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), reg. 1(a), Sch. 4 para. 1(4)(b) (with reg. 1(c))
F4: Reg. 6(6) omitted (3.3.2016) by virtue of The Water Environment (Water Framework Directive) (Northumbria and Solway Tweed River Basin Districts) (Amendment) Regulations 2016 (S.I. 2016/139), reg. 1(2), Sch. 1 para. 5