Water (Scotland) Act 1980

Sections 13, 17, 19 29, 72, 107.

SCHEDULE 1 S Procedure for Making Orders and Making and Confirming Byelaws

Part I S

Orders made by the Secretary of State under section 17(2) and (if made on application of water authority or water development board) sections 19, 29(2) and 107(1)). S

1 S [F1 Where Scottish Water proposes to apply] for any order to which this part of this Schedule applies [F2 it] shall submit to the Secretary of State a draft of the order which [F3 it desires] him to make and shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the order a notice—

(a) stating the general effect of the order;

(b) specifying a place in or near the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice;

(c) stating that within the said period any person may by notice to the Secretary of State object to the application.

Textual Amendments

F1 Words in Sch. 1 para. 1 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Word in Sch. 1 para. 1 inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3 Words in Sch. 1 para. 1 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

2 S Not later than the date on which the said notice is first published, [F4 Scottish Water] shall serve a copy thereof—

(i) on the F5 . . . [F6 local authority] for every area affected by the order along with a copy of the draft order;

(ii) where it is proposed that the order shall authorise the acquisition of rights to take water, on the fishery district board of any fishery district from which water is to be taken under the rights acquired, on any navigation authority exercising functions in relation to any watercourse from which water is to be taken under the rights acquired and on any public undertakers [F7 or licence holder within the meaning of Part I of the Electricity Act 1989] known by [F8 Scottish Water] to be authorised by [F7 or by virtue of] any enactment to take or use water from any such watercourse and in the case of an order under section 17(2) [F9 on the Scottish Environment Protection Agency].

Textual Amendments

F4 Words in Sch. 1 para. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5 Words in Sch. 1 para. 2(i) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Words in Sch. 1 para. 2(i) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54)(i); S.I. 1996/323, art. 4(1)(c)

F7 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(2)(a)

F8 Words in Sch. 1 para. 2(ii) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9 Words in Sch. 1 para. 2(ii) substituted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 34(5)(a); S.I. 1996/186, art. 3

3 S [F10 Scottish Water] shall also publish in the Edinburgh Gazette a notice stating that [F11 it is] about to apply for an order under the appropriate section, F12 . . . and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the order applied for will be found.

Textual Amendments

F10 Words in Sch. 1 para. 3 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F11 Words in Sch. 1 para. 3 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F12 Words in Sch. 1 para. 3 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(4)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

4 S [F13 Scottish Water] shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of such charge F14 as [F15 it thinks] reasonable.

Textual Amendments

F13 Words in Sch. 1 para. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F14 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

F15 Words in Sch. 1 para. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

5 S The Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit, but, where he proposes to make any modification and considers that persons other than [F16 Scottish Water] may be adversely affected thereby, he shall require [F16 Scottish Water] to give and publish additional notices in such manner as he thinks best adapted for informing all persons so affected of the modification proposed.

Textual Amendments

F16 Words in Sch. 1 para. 5 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(6) (with s. 67); S.S.I. 2002/118, art. 2(3)

6 S If before the expiration of the 28 days referred to in paragraph 1 of this Schedule or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before the expiration of any period specified in notices given under the last foregoing paragraph, an objection is received by the Secretary of State from any authority or board or undertakers [F17 or licence holder] on whom a notice is required to be served under paragraph 2 of this Schedule, or from any other person appearing to him to be affected by the application, or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held.

Textual Amendments

F17 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(2)(b)

7 S After considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

8 S The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of an order under this Part of this Schedule shall be paid by [F18 Scottish Water]F19 . . . .

Textual Amendments

F18 Words in Sch. 1 para. 8 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(7)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F19 Words in Sch. 1 para. 8 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(7)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

9 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 1 para. 9 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

Part II S

Orders made by the Secretary of State under section 13(2) and (if no application by the water authority or water development board) sections 19 and 29(2). S

10 S Before making an order to which this Part of this Schedule applies, the Secretary of State shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the order, a notice—

(a) stating the general effect of the order;

(b) specifying a place in or near the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice; and

(c) stating that within the said period any person may by notice to the Secretary of State object to the making of the order.

11 S Not later than the date on which the said notice is first published the Secretary of State shall serve a copy thereof—

(i) on [F21 Scottish Water and on the][F22 local authority] for every area affected by the order along with a copy of the draft order;

(ii) where it is proposed that the order shall authorise the transfer of rights to take water, on the fishery district board of any fishery district, and on any navigation authority F23 exercising functions in relation to any watercourse, from which water is taken under the rights transferred F24 and on any public undertakers [F25 or licence holder within the meaning of Part I of the Electricity Act 1989] known by the Secretary of State to be authorised by [F25 or by virtue of] any enactment to take or use water from any such watercourse [F26 and on the Scottish Environment Protection Agency];

(iii) where it is proposed that the order shall provide for the furnishing of a supply of water in bulk, on the fishery district board of any fishery district from which water is taken by the persons who are to give the bulk supply.

Textual Amendments

F21 Words in Sch. 1 para. 11(i) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(8) (with s. 67); S.S.I. 2002/118, art. 2(3)

F22 Words in Sch. 1 para. 11(i) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54(c)(i); S.I. 1996/323, art. 4(1)(c)

F23 Words in Sch. 1 para. 11(ii) repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 34(5)(b), Sch. 24; S.I. 1996/186, art. 3

F24 Words in Sch. 1 para. 11(ii) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 54(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F25 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(2)(c)

F26 Words in Sch. 1 para. 11(ii) added (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 34(5)(b); S.I. 1996/186, art. 3

12 S The Secretary of State shall also publish in the Edinburgh Gazette a notice stating that he is about to make the order, F27 . . . and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the order will be found.

Textual Amendments

F27 Words in Sch. 1 para. 12 repealed (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(9) (with s. 67); S.S.I. 2002/118, art. 2(3)

13 S The Secretary of State shall, at the request of any person interested, furnish him with a copy of the draft order upon payment of such charge F28 as the Secretary of State thinks reasonable.

Textual Amendments

F28 Words in Sch. 1 para. 13 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(e), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

14 S The Secretary of State may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, but, where he proposes to make any modification and considers that persons other than [F29 Scottish Water] may be adversely affected thereby, he shall give and publish additional notices in such manner as he thinks best adapted for informing all persons likely to be affected by the modification proposed.

Textual Amendments

F29 Words in Sch. 1 para. 14 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(10) (with s. 67); S.S.I. 2002/118, art. 2(3)

15 S If before the expiration of the 28 days referred to in paragraph 10 of this Schedule, or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before the expiration of any period specified in notices given under the last foregoing paragraph, an objection is received by the Secretary of State from [F30 Scottish Water or] any authority or board or undertakers [F31 or licence holder] on whom a notice is required to be served under paragraph 11 of this Schedule or from any person appearing to him to be affected by the order or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State before making the order shall cause a local inquiry to be held.

Textual Amendments

F30 Words in Sch. 1 para. 15 inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(11) (with s. 67); S.S.I. 2002/118, art. 2(3)

F31 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(2)(d)

16 S After considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

17 S The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of an order under this Part of this Schedule shall be paid by [F32 Scottish Water]

Textual Amendments

F32 Words in Sch. 1 para. 17 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(12) (with s. 67); S.S.I. 2002/118, art. 2(3)

18 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Sch. 1 para. 18 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

F34 F34 Part III S

Textual Amendments

F34 Sch. 1 Pt. III repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. I (with Sch. Pt. III)

Agreements made by water authorities or water development boards under section 17 S

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

Part IV S

Byelaws made by water authorities or water development boards under sections 70 and 71 S

24 S Byelaws to which this Part of this Schedule applies F46 . . . shall not have effect until they are confirmed by the Secretary of State.

Textual Amendments

F46 Words in Sch. 1 para. 24 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(16) (with s. 67); S.S.I. 2002/118, art. 2(3)

25 S At least one month before application for confirmation of the byelaws is made—

(a) notice of the intention to apply for confirmation shall be published in the Edinburgh Gazette and in one or more local newspapers circulating in the area to which the byelaws apply, and

(b) a copy of the byelaws shall be sent to the [F47 local authority for any area] wholly or partly comprised in the area to which the byelaws apply.

Textual Amendments

F47 Words in Sch. 1 para. 25(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54)(l); S.I. 1996/323, art. 4(1)(c)

26 S For at least one month before such application is made, a copy of the byelaws shall be deposited at the offices of [F48 Scottish Water]F49 and shall at all reasonable hours be open to public inspection without payment.

Textual Amendments

F48 Words in Sch. 1 para. 26 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(17) (with s. 67); S.S.I. 2002/118, art. 2(3)

F49 Words in Sch. 1 para. 26 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(k), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

27 S [F50 Scottish Water]F51 shall, at the request of any person interested, furnish to him a copy of the proposed byelaws upon payment of such sum F52 as [F53 it] may determine.

Textual Amendments

F50 Words in Sch. 1 para. 27 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(18)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F51 Words in Sch. 1 para. 27 repealed (1,4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(k), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F52 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

F53 Word in Sch. 1 para. 27 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(18)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

28 S Any person aggrieved by any such byelaws may, within one month after the publication of the notice required by paragraph 25 hereof, notify his objection and the ground of his objection to the Secretary of State who shall consider them before confirming the byelaws.

29 S The Secretary of State may confirm with or without modification or refuse to confirm any byelaws submitted to him under this Part of this Schedule for confirmation, and may fix a date on which the byelaws are to come into operation and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

30 S A copy of the byelaws when confirmed shall be printed and deposited at the offices of [F54 Scottish Water]F55 and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum F56 , as [F57 Scottish Water]F55 may determine.

Textual Amendments

F54 Words in Sch. 1 para. 30 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(19)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F55 Words in Sch. 1 para. 30 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(m), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F56 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

F57 Words in Sch. 1 para. 30 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(19)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

31 S The production of a printed copy of the byelaws on which is endorsed a certificate purporting to be signed by [F58 a duly authorised] officer of [F59 Scottish Water]F60 , stating—

(a) that the byelaws were made by [F59 Scottish Water]F60 ;

(b) that the copy is a true copy of the byelaws;

(c) that on a specified date the byelaws were confirmed by the Secretary of State; and

(d) the date, if any, fixed by the Secretary of State for the coming into operation of the byelaws;

shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this paragraph.

Textual Amendments

F58 Words in Sch. 1 para. 31 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54)(n)(i); S.I. 1996/323, art. 4(1)(c)

F59 Words in Sch. 1 para. 31 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(20) (with s. 67); S.S.I. 2002/118, art. 2(3)

F60 Words in Sch. 1 para. 31 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(n)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2