Scottish Statutory Instruments
ENVIRONMENTAL PROTECTION
WATER
Made
4th June 2003
Laid before the Scottish Parliament
5th June 2003
Coming into force
27th June 2003
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:
1.—(1) These Regulations may be cited as the Urban Waste Water Treatment (Scotland) Amendment Regulations 2003 and shall come into force on 27th June 2003.
(2) These Regulations extend to Scotland only.
(3) In these Regulations–
“the principal Regulations” means the Urban Waste Water Treatment (Scotland) Regulations 1994(2);
“SEPA” means the Scottish Environment Protection Agency;
and any word or expression used in the principal Regulations shall have the same meaning as it has in those Regulations.
(4) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(3), which has been recorded and is consequently capable of being reproduced.
2.—(1) Where the Scottish Ministers decide on a review under regulation 3(2) of the principal Regulations–
(a)that any area of water identified as a sensitive area or as a high natural dispersion area should no longer be identified as such; or
(b)that any area of water not previously identified as a sensitive area or as a high natural dispersion area should be identified as such,
they shall give notice in writing to SEPA informing SEPA of their decision and the date on which it takes effect.
(2) The Scottish Ministers shall before their decision takes effect–
(a)publish the notice mentioned in paragraph (1) above–
(i)in the Edinburgh Gazette; and
(ii)on their website;
(b)ensure that revised maps are deposited with SEPA–
(i)reflecting the decision of the Scottish Ministers; and
(ii)indicating the date on which the decision takes effect; and
(c)take such other steps as they consider appropriate to publicise their decision.
(3) A decision on a review under regulation 3(2) of the principal Regulations takes effect on the date stated in the notice given under paragraph (1) above in respect of that review and shall continue in force until such time a decision following a subsequent review takes effect.
3.—(1) The Scottish Ministers and SEPA shall each ensure that their website–
(a)shows maps of all areas of water currently identified as a sensitive area or as a high natural dispersion area; and
(b)gives the dates on which any area of water was identified as a sensitive area or high natural dispersion area, or ceased to be so identified.
(2) SEPA shall keep available at its principal office and at each of its principal regional offices, at all reasonable times, for inspection by the public free of charge–
(a)the maps showing sensitive areas and high natural dispersion areas deposited with it for the purposes of regulation 2;
(b)the information mentioned in paragraph (1)(b) above.
4.—(1) The principal Regulations are amended as follows.
(2) In regulation 3(1), at the beginning there is inserted “Subject to regulation 2 of the Urban Waste Water Treatment (Scotland) Amendment Regulations 2003,”.
(3) Regulations 3(3) and 12(b) shall cease to have effect.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House, Edinburgh
4th June 2003
(This note is not part of the Regulations)
These Regulations amend the Urban Waste Water Treatment (Scotland) Regulations 1994, (“the principal Regulations”) which implement Council Directive 91/271/EEC concerning urban waste water treatment (“the Directive”). The principal Regulations, amongst other matters, require the Scottish Ministers to keep under review the identification of “sensitive areas” and “high natural dispersion areas” which are areas of water defined in accordance with specified criteria. The functions of the Secretary of State in respect of the Directive were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).
Regulation 2, requires the Scottish Ministers to publicise the decision taken on a review by doing the following:
(a)giving a notice of the decision to SEPA, including the date on which it takes effect;
(b)publishing the notice in the Edinburgh Gazette and on their website;
(c)ensuring that maps reflecting the decision are deposited with SEPA; and
(d)taking such other steps as it considers appropriate to publicise the decision.
Regulation 2(3) specifies that the decision takes effect on the date specified in the notice of the Scottish Ministers and continues in force until any subsequent decision takes effect.
Regulation 3(1) places a duty on the Scottish Ministers and SEPA to ensure that their respective web-sites contain certain information. The websites must show maps of all current sensitive areas and high natural dispersion areas and must give the dates that any such areas of water were identified, or cease to be so identified. Regulation 3(2) places a duty on SEPA to ensure that the maps and other information are available for public inspection at its principal office and its principal regional offices.
Regulation 4 makes consequential amendments to the principal Regulations. The amendments make the relevant parts of the principal Regulations subject to the requirements of these Regulations, and revoke existing provisions about the deposit and publication of maps.
The Scottish Ministers' website is www.scotland.gov.uk.
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.