Water (Scotland) Act 1980

Sections 77, 78.

SCHEDULE 5 Procedure for making orders under Part VII

1 (1) The applicants for an order under section 77 or 78 shall cause notice in writing of the application to be served on the persons specified in the following Table—

All orders.	(a) Every regional, islands or district council whose area would be affected by the order. (b) Such water authorities, if any, as the Secretary of State may direct.
Orders which suspend or modify an enactment.	Such persons, if any, as are specified by name in the enactment as being persons for whose protection it was enacted.
Orders which suspend or modify an agreement.	The parties to the agreement other than the applicants.
Orders concerning the taking of water from a source or the discharge of compensation water.	(a) Every regional, islands or district council and river purification authority and fishery district board in whose area the source, or the site at which compensation water is to be discharged, is situated. (b) Any navigation authority exercising functions over any watercourse affected by the order.
Orders which authorise the execution of any works.	(a) Every regional, islands or district council within whose area the works are situated. (b) If the order authorises the execution of works in, under or over a watercourse, the river purification authority and fishery district board.
Orders which authorise the occupation and use of land.	Every owner, lessee and occupier of the land.
Orders which prohibit or limit the taking of water from an inland navigation.	Any named persons to whom the prohibition or limitation applies.

(2) The applicants shall also cause a notice of the application to be published—

(a) in one or more local newspapers circulating within the limits of supply of the applicants, and

(b) in one or more local newspapers circulating within the limits of supply of any other water authority on whom notice is to be served in accordance with the foregoing Table, and

(c) where the application is for an order concerning the taking of water from a source or the discharge of compensation water, in one or more local newspapers circulating within the area of every regional, islands 01 district council within whose area the source or the site at which compensation water is to be discharged is situated.

(3) Where the application is for an order under section 77 the applicants shall in addition to the notices specified in sub-paragraph (2) cause a notice of the application to be published in the Edinburgh Gazette.

(4) A notice under this paragraph—

(a) shall state the general effect of the application, and

(b) shall specify a place within the limits of supply of the applicants where a copy of any relevant map or plan may be inspected by any person free of charge at all reasonable hours within a period of seven days from the date on which it is served or, in the case of publication of a notice in pursuance of any of the foregoing provisions of this paragraph, from the date of the publication, and

(c) shall state that objections to the application may be made to the Secretary of State within seven days from the date on which it is served or, in the case of publication of a notice in pursuance of any of the foregoing provisions of this paragraph, from the date of the publication, and

(d) in the case of an application for an order authorising the occupation and use of land, shall specify the land to which the application relates.

2 A notice which is required under this Schedule to be served on any person may be served either—

(a) by delivering it to the person on whom it is to be served, or

(b) by leaving it, or sending it in a pre-paid letter addressed to that person, at his usual or last-known residence, or

(c) in the case of an incorporated company or body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a pre-paid letter addressed to him at that office, or

(d) in the case of a notice to be served on the owner, lessee or occupier of any land, if it is not practicable after reasonable inquiry to ascertain the name and address of the person on whom it should be served, or if the land is unoccupied, by addressing it to the person concerned by the description of " owner ", " lessee " or " occupier " of the land (describing it) to which it relates, and delivering it to some person on the land, or if there is no person on the land to whom it can be delivered, by fixing it, or a copy of it, to some conspicuous part of the land.

3 (1) If any objection is duly made with respect to the application and is not withdrawn, then, subject to the provisions of this paragraph, the Secretary of State shall before making the order either cause a public local inquiry to be held or afford to any person by whom any objections have been duly made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and if any person by whom an objection has been made avails himself of the opportunity of being heard, the Secretary of State shall afford to the applicant for the order, and to any other persons to whom it appears to the Secretary of State expedient to afford it, an opportunity of being heard on the same occasion.

(2) Notwithstanding anything in sub-paragraph (1), the Secretary of State may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of this paragraph if the Secretary of State is satisfied—

(a) that the objection relates exclusively to matters which can be dealt with on a reference under Schedule 6 or by any person by whom compensation is to be assessed, or

(b) in a case where the order is one confined to the extension of a period specified in a previous order, that the objection is one that has in substance been made with respect to the application for that previous order.

(3) Subject to the requirements of this paragraph, the Secretary of Stated upon being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order in respect of which the application is made with or without modifications.

(4) The Secretary of State may hold a public local inquiry on any application for an order under section 77 or 78 notwithstanding that he is not required to do so by this paragraph and the provisions of section 98 shall apply to an inquiry under this paragraph as it applies to an inquiry under Schedule 1.

4 After an order under section 77 or 78 has been made, the water authority on whose application it was made shall cause to be published (in the manner in which notice of the application was required under paragraph 1(2) and (3) to be published) a notice stating that the order has been made and naming a place where a copy thereof may be inspected.