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

Type Scottish-Statutory-Instrument
Publication 2011-10-25
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
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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 section2(8) of the Water Environment and Water Services (Scotland) Act 2003[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

Specification of relevant enactments

2

The enactments referred to in Schedule 1 are specified as relevant enactments for the purposes of section 2 of the Act[^f00002].

Designation of responsible authorities and functions

3

Revocation

4

The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 2008[^f00003] is revoked.

SCHEDULE 1

SCHEDULE 2

Public bodies and office holders Enactments Reference
Councils constituted under section2 of the Local Government etc. (Scotland) Act 1994[^f00018] The Coast Protection Act 1949 1949 c.74
The Civic Government (Scotland) Act 1982 1982 c.45
The Roads (Scotland) Act 1984 1984 c.54
The Environmental Protection Act 1990 1990 c.43
The Town and Country Planning (Scotland) Act 1997 1997 c.8.
The Flood Risk Management (Scotland) Act 2009 2009 asp6
The Bathing Waters (Scotland) Regulations 2008 S.S.I.2008/170
Scottish Water The Sewerage (Scotland) Act 1968 1968 c.47
The Water (Scotland) Act 1980 1980 c.45
The Water Industry (Scotland) Act 2002 2002 asp3
The Urban Waste Water Treatment (Scotland) Regulations 1994 S.I.1994/2842
Scottish Natural Heritage The Natural Heritage (Scotland) Act 1991 1991 c.28
The Nature Conservation (Scotland) Act 2004 2004 asp6
The Conservation (Natural Habitats, &c.) Regulations 1994 S.I.1994/2716
National Park authorities established by order under section6 of the National Parks (Scotland) Act 2000[^f00019] The National Parks (Scotland) Act 2000 2000 asp10
District Salmon Fishery Boards constituted in terms of section43 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003[^f00020] The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 2003 asp15
The British Waterways Board The Transport Act 1962 1962 c.46
The British Waterways Act 1995 1995 c.i
The Forestry Commissioners continued in existence by section1(1) of the Forestry Act 1967[^f00021] The Forestry Act 1967 1967 c.10

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 25th October 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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 23rdOctober 2000 establishing a framework for Community action in the field of water policy[^f00022] 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 Article3(2) of the Order as designated functions for the purposes of Part 1 of the Act.

Footnotes

[^f00001]: 2003 asp 3.

[^f00002]: Section 2 imposes duties on the Scottish Ministers and SEPA with regard to the exercise of their functions under the enactments specified in Schedule 1 to this Order; insofar as such enactments confer functions upon a Minister of the Crown, which are exercisable within devolved competence, such functions were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00003]: S.S.I. 2008/263.

[^f00004]: 1949 c.74.

[^f00005]: 1984 c.54.

[^f00006]: 1991 c.28.

[^f00007]: S.I. 1996/1564.

[^f00008]: 1997 c.8.

[^f00009]: 2002 asp3.

[^f00010]: S.S.I. 2006/582.

[^f00011]: 2007 asp8.

[^f00012]: 2007 asp12.

[^f00013]: S.S.I. 2008/170.

[^f00014]: S.S.I. 2009/85.

[^f00015]: 2009 asp 6.

[^f00016]: 2010 asp 5.

[^f00017]: S.S.I. 2011/209.

[^f00018]: 1994 c.39; section2 was amended by the Environment Act 1995 (c.25), Schedule22, paragraph232(1).

[^f00019]: 2000 asp10; The Loch Lomond and The Trossachs National Park Authority was established by The Loch Lomond and TheTrossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I.2002/201). The Cairngorms National Park Authority was established by the Cairngorms National Park Designation Transitional and Consequential Provisions (Scotland) Order2003 (S.S.I. 2003/1).

[^f00020]: 2003 asp15.

[^f00021]: 1967 c.10.

[^f00022]: O.J. No L 327, 22.12.2000, p.1; amended by decision 2455/2001/EC of the European Parliament and the Council of 20thNovember 2001 establishing the list of priority substances in the field of water policy and amending Directive 2000/60/EC (O.J. No. L 331, 15.12.2001, p.1).

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