- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As enacted)
Point in time view as at 31/12/2020.
Water Environment and Water Services (Scotland) Act 2003, Section 8 is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)SEPA must, in relation to each river basin district—
(a)carry out, or secure the carrying out of, monitoring of the status of the water environment and relevant territorial water adjacent to the district, and
(b)analyse, or secure the analysis of, the information obtained under paragraph (a).
(2)SEPA must prepare a programme for monitoring (whether by SEPA or other persons) the status of the water environment and relevant territorial water (a “monitoring programme”).
(3)Monitoring in accordance with the monitoring programme must be commenced by 22nd December 2006.
(4)Subsection (3) is subject to any provision made in regulations by virtue of subsection (5)(d).
(5)The Scottish Ministers may by regulations make provision—
(a)as to the nature and method of monitoring and analysis to be carried out (whether by SEPA or by other persons) for the purpose of subsection (1)(a),
(b)requiring persons other than SEPA to carry out such monitoring and analysis,
(c)as to the times at or by which, and the circumstances in which, such monitoring and analysis is to be carried out,
(d)for monitoring in accordance with the monitoring programme to be commenced in relation to such protected areas (within the meaning of section 7(3)) or descriptions of protected area as are specified in the regulations by such date (other than that specified in subsection (3)) as is specified in or determined under the regulations,
(e)as to the provision to SEPA of information resulting from such monitoring and analysis carried out by persons other than SEPA,
(f)as to the form and content of a monitoring programme,
(g)as to consultation and other procedure in connection with the preparation of a monitoring programme.
(6)The Scottish Ministers may issue guidance to SEPA or any other person on any matter in relation to which they have power to make regulations under subsection (5); and SEPA or, as the case may be, that person must have regard to the guidance.
(7)Subsection (6) is without prejudice to section 2(6).
(8)In this section “relevant territorial water” means so much of the territorial sea of the United Kingdom adjacent to Scotland as is not coastal water or transitional water.
Commencement Information
I1S. 8 in force at 1.6.2005 by S.S.I. 2005/235, art. 2(a)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: