The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006

Citation, commencement and extent

1.—(1) This Order may be cited as the Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 and shall come into force on the day after the day on which it is made.

(2) This Order extends to Scotland only.

Modifications

2.  The modifications specified in Schedule 1 shall have effect.

Consequential Provision

3.—(1) In the event that any provisions or conditions on matters relating to the protection of the water environment contained in any of the enactments or instruments referred to in paragraph (2) differ and cannot reasonably be reconciled with the conditions contained in an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005(1), the relevant provisions and conditions of such enactments or instruments shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.

(2) The enactments and instruments mentioned in paragraph (1) are–

(a) the local enactments listed in Schedule 2;

(b) all constructional schemes, confirming orders and authorisations to which paragraph 32 of Schedule 17 (transitional provisions and savings) to the Electricity Act 1989(2) refers;

(c) all consents granted under section 36 of that Act(3); and

(d) all orders made under paragraph 2 of Schedule 5 to that Act.

(2) In this article, “protection of the water environment” has the same meaning as in section 1(2) of the Water Environment and Water Services (Scotland) Act 2003(4).

DAVID CAIRNS

Parliamentary Under Secretary of State Scotland Office,

Department for Constitutional Affairs

Dover House,

London

31st March 2006