The Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005

Citation and Commencement

1.  This Order may be cited as the Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005 and shall come into force on 14th October 2005.

Interpretation

2.  In this Order:–

“the Act” means the Water (Scotland) Act 1980;

“approved” means approved by the Scottish Ministers;

“day” means a period of 24 hours reckoned from midnight;

“deposited plan” means the plan, prepared in triplicate, docqueted and signed as relative to this Order and marked “the Scottish Water (Loch a'Bhaid Luachraich) Water Order 2005”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, one copy at the head office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife, and one copy at Scottish Water’s Inverness Area Office, 31 Henderson Drive, Longman North, Inverness, IV1 1TR;

“gauge” includes a gauge, weir or other apparatus for measuring the flow of water;

“intake” includes any work by which water is taken by Scottish Water for the purpose of the undertaking;

“Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002(1);

“undertaking” means the water undertaking for the time being of Scottish Water;

“works” means the works described in Schedule 1 to this Order and shown on the deposited plan.

Incorporation and Application of Provisions of Schedule 4 to the Act

3.  The provisions of paragraphs 2 and 10(3) of Schedule 4 to the Act(2) modified and adapted to read as set out in Schedule 2 to this Order shall apply to the undertaking insofar as affected by the provisions of this Order, and the terms used in the provisions of that paragraph, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.

Water Rights

4.  Subject to the provisions of this Order, Scottish Water may, for the purposes of the undertaking and by means of an existing intake located at Ordnance Survey National Grid Reference NG 891 879 take water from Loch a'Bhaid Luachraich in the Highland Council area.

5.—(1) During the construction of the works, Scottish Water may take from the said Loch a'Bhaid Luachraich such water as it may require for such construction.

(2) After completion of the works, in any day, Scottish Water–

(a) may take from the said Loch a'Bhaid Luachraich a quantity of water not greater than 750 cubic metres as measured and recorded by an approved gauge (Works No. 4); and

(b) shall ensure that not less than 3940 cubic metres of water is discharged into the Allt Beithe from Loch a'Bhaid Luachraich, as regulated by notch plates (part of Works No. 1), and as measured by a gauging post (part of Works No. 3).

6.  If the power to take water conferred by this Order has not been exercised by 1st April 2006 the said power shall cease.

Revocation

7.  The County of Ross and Cromarty (Allt Beitha, Aultbea) Water Order 1961(3), the County of Ross and Cromarty (Loch na Ba) Water Order 1961(4), and the Ross and Cromarty Water Board (Allt Loch a'Choire) Water Order 1972(5) are revoked with effect from 1st April 2006.

ANDREW SCOTT

A member of the staff of the Scottish Ministers

Victoria Quay, Edinburgh

12th October 2005