PART 8General provisions

Miscellaneous

52Crown application

1

No contravention by the Crown of any provision made by or under Part 2 or 7 makes the Crown criminally liable.

2

But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing such a provision, declare unlawful any act or omission of the Crown which constitutes a contravention by the Crown of such a provision.

3

Despite subsection (1), any such provision applies to persons in the public service of the Crown as it applies to other persons.

4

Schedule 3 makes further provision about the application to the Crown of Parts 2 and 7.

I153Repeal of enactments

Schedule 4 makes minor and consequential repeals.

54Ancillary power

1

The Scottish Ministers may by regulations make such supplemental, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in connection with this Act.

2

Regulations under this section—

a

are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act),

b

otherwise, are subject to the negative procedure.

55Key definitions

In this Act—

  • “the 1968 Act” means the Sewerage (Scotland) Act 1968,

  • “the 1980 Act” means the Water (Scotland) Act 1980,

  • “the 2002 Act” means the Water Industry (Scotland) Act 2002,

  • “the 2003 Act” means the Water Environment and Water Services (Scotland) Act 2003,

  • “the 2005 Act” means the Water Services etc. (Scotland) Act 2005.