[F15ASBefore making an order under paragraph 2, and in considering the matters referred to in paragraphs 3 to 5, the Secretary of State shall–
(a)obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment (and in particular as to the extent to, and the circumstances in, which water may be taken and the quantity of compensation water to be provided); and
(b)have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003.]
Textual Amendments
F1Sch. 5 paras. 5A, 5B inserted (S.) (1.4.2006) by The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054), art. 1(1), Sch. 1 para. 1(4)(b)