Water (Scotland) Act 1980

77 Obtaining supplies to meet drought

(1) If the Secretary of State is satisfied that by reason of an exceptional shortage of rain a serious deficiency of supplies of water in any locality exists or is threatened, he may, subject to the provisions of this section, on the application of any water authority who supply water in that locality, make an order containing such provisions for any of the following purposes as appear to him to be expedient with a view to meeting the deficiency, that is to say—

(a) for authorising the authority, subject to any specified conditions or restrictions, to take water from any specified source for a period not exceeding six months, or

(b) for suspending or modifying, subject to any specified conditions, and for a period not exceeding six months, any restriction or obligation to which the authority are subject as respects—

(i) the taking of water from any source,

(ii) the discharge of compensation water, or

(iii) the filtration or other treatment of water,

and the Secretary of State may include in the order such supplemental, incidental and consequential provisions as appears to him to be expedient for those purposes.

Before any water authority make an application under this section they shall consult with any river purification authority and any fishery district board upon whom notice of the application will be required to be served by Schedule 5.

(2) In an order made under paragraph (a) of subsection (1) for authorising the taking of water from a source from which water is supplied to an inland navigation, or in an order made under paragraph (b) of subsection (1)—

(a) for suspending or modifying a restriction as respects the taking of water from a source from which water is supplied to an inland navigation, or

(b) for suspending or modifying an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

the Secretary of State may include provisions for prohibiting or imposing limitations on the taking of water from the inland navigation or for the suspension or modification of any obligation to which the navigation authority are subject as respects the discharge of water from the inland navigation.

(3) An order under this section may authorise the water authority, subject to any specified conditions and restrictions, to execute any works required for the discharge of their functions under the order and—

(a) may authorise the authority for that purpose to enter upon any specified land and to occupy and use the land to such extent and in such manner as may be requisite for the execution and maintenance of the works, and

(b) may authorise the authority to borrow temporarily any money required to defray the cost of carrying out the works, and

(c) may apply in relation to the execution of the works such of the provisions contained in section 23 and Schedules 3 and 4 (which include in particular provisions relating to the laying of mains and the breaking open of streets), as appear to the Secretary of State to be appropriate, subject to such modifications and adaptations as may be specified in the order.

(4) In an order which authorises the water authority to enter on land the Secretary of State shall include provisions requiring the authority to give to the occupier of the land, and to such other persons concerned with the land as may be specified in the order, not less than seven days' notice of their intended entry on the land.

(5) In the exercise of his power to make orders under this section the Secretary of State shall have regard to the interests of all persons concerned in the conservation or use of the water to which the order relates.

(6) The provisions of Schedule 5 shall have effect in relation to the procedure to be followed in connection with the making of orders under the foregoing provisions of this section, and the provisions of Schedule 6 shall have effect with respect to the payment of compensation to persons affected by orders so made.

(7) The Secretary of State may by order revoke any order made by him under this section.

(8) If a water authority—

(a) take water from a source in contravention of a restriction contained in an order under this section or fail to comply with the requirements of an order under this section as to the discharge of compensation water, or

(b) fail to construct or maintain in good order a gauge, weir or other apparatus for measuring the flow of water which they were required to construct or maintain by an order under this section, or fail to allow some person authorised in that behalf by any such order to inspect and examine any such apparatus or any records made thereby or kept by the authority in connection therewith or to take copies of any such records,

they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable—

(i) on summary conviction of an offence under paragraph (a) or (b) of this subsection, to a fine not exceeding £100; and

(ii) on conviction on indictment of an offence under paragraph (a) of this subsection to a fine.