Water (Scotland) Act 1980

Part III S Compensation Water

Provisions as to compensation water. S

10 (1) During the construction of any authorised impounding reservoir the undertakers may, subject as hereinafter provided, take from any stream to be impounded thereby such water as they may require:

Provided that before taking any water from the stream they shall, on an approved site, construct an approved gauge to gauge the flow of the stream, and, while the flow of water through or over the gauge is less than the prescribed flow, they shall not take any water.

(2) After the completion of the reservoir the undertakers shall, at an approved point within such limits as may be prescribed, discharge into the stream from, or from streams feeding, the reservoir during every day of 24 hours reckoned from midnight in a uniform and continuous flow a quantity of water not less than the prescribed quantity, and, for the purpose of gauging such discharge, they shall construct and maintain in good order approved gauges on approved sites.

(3) If the undertakers—

(a) fail to construct or maintain in good order any such gauge as aforesaid, or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or

(b) take any water from the stream contrary to the provisions of subsection (1) of this section, or fail to comply with the requirements of subsection (2) of this section with respect to the discharge of water into the stream,

they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, on summary conviction to a fine not exceeding [F1 level 3 on the standard scale], and in the case of an offence under paragraph (b) of this subsection—

(i) on summary conviction, to a fine not exceeding [F2 the statutory maximum] ; and

(ii) on conviction on indictment, to a fine F3 .

(4) In this section, the expression “gauge” includes a gauge weir or other apparatus for measuring the flow of water, and the expression “approved” means approved by the Secretary of State; and for the purposes of this section a fishery district board and a navigation authority shall be deemed to be interested in the flow of water in, and the discharge of water into, any stream within their fishery district or, as the case may be, any part of their system of navigation or any stream feeding such a stream or any part of that system, and shall be deemed to be aggrieved by the commission of an offence under this section in relation to any such stream.

(5) The foregoing provisions of this section shall be deemed to have been accepted by all persons interested as providing full compensation for all water impounded by the authorised works, except in respect of any land between the foot of the embankment of the reservoir and the point of discharge approved for the purposes of subsection (2) of this section.

Textual Amendments

F1 Words in Sch. 4 para. 10(3) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G, 289H, Sch. 7D (as inserted by Criminal Justice Act 1982 (c. 48), s. 54, Sch. 6, which Sch. 6 was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and those same words substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

F2 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 27(a)

F3 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 27(b)

Modifications etc. (not altering text)

C1 Sch. 4 para. 10(3) applied (with modifications) (3.4.1997) by S.I. 1997/1115, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (12.11.1999) by S.S.I. 1999/127, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (12.11.1999) by S.S.I. 1999/128, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (28.8.2000) by S.S.I. 2000/294, arts. 1(1), 3

Sch. 4 para. 10(3) applied (with modifications) (17.7.2000) by S.S.I. 2000/236, arts. 1(1)(3), Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (1.8.2000) by S.S.I. 2000/237, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (14.10.2005) by S.S.I. 2005/508, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (14.10.2005) by S.S.I. 2005/509, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (21.10.2005) by S.S.I. 2005/513, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (11.11.2005) by S.S.I. 2005/577, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (11.11.2005) by S.S.I. 2005/578, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (23.12.2005) by S.S.I. 2005/649, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (14.3.2006) by S.S.I. 2006/152, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (14.3.2006) by S.S.I. 2006/153, art. 3, Sch. 2

Sch. 4 para. 10(3) applied (with modifications) (2.6.2006) by S.S.I. 2006/296, art. 3, Sch. 2

C2 Sch. 4 para. 10(3)(4) applied (with modifications) (15.1.1992) by S.I. 1992/30, art. 3, Sch. 2

Sch. 4 para. 10(3)(4) applied (with modifications) (3.3.1992) by S.I. 1992/393, art. 3, Sch. 2

Sch. 4 para. 10(3)(4) applied (with modifications) (20.4.1992) by S.I. 1992/998, art. 3, Sch. 2

Sch. 4 para. 10(3)(4) applied (with modifications) (9.10.2001) by S.S.I. 2001/369, art. 3, Sch. 1

Sch. 4 para. 10(3)(4) applied (with modifications) (11.11.2005) by S.S.I. 2005/576, art. 3, Sch. 2

Sch. 4 para. 10(3)(4) applied (with modifications) (21.6.2006) by S.S.I. 2006/360, art. 3, Sch. 2

Sch. 4 para. 10(3)(4) applied (with modifications) (21.6.2006) by S.S.I. 2006/361, art. 3, Sch. 2

C3 Sch. 4 para. 10(3)(4)(5) applied (with modifications) (17.6.1994) by S.I. 1994/1556, art. 3, Sch. 2

C4 Sch. 4 para. 10(3)(5) applied (with modifications) (1.1.1995) by S.I. 1994/3308, art. 3, Sch. 2

C5 Sch. 4 para. 10(3)(4) applied (with modifications) (10.12.2007) by The Scottish Water (Loch Horn and Loch Lunndaidh) Water Order 2007 (S.S.I. 2007/554), art. 3, Sch. 2