SCHEDULE

PART IVAMENDMENTS TO PRIMARY LEGISLATION

The Water (Scotland) Act 19804

1

The Water (Scotland) Act 198019 is amended as follows.

2

In section 17 (acquisition of water rights)–

a

in subsection (1), omit the words from “, but no such agreement” to the end;

b

in subsection (3)–

i

omit paragraph (a) and the following “or”; and

ii

for “the said Part III” substitute “Part III of Schedule 4”;

c

in subsection (4), omit paragraph (a) and the following “or”;

d

in subsection (5)–

i

insert at the beginning “Subject to subsections (5A) and (5B)”; and

ii

omit the words “agreement or” in both places where they occur;

e

after subsection (5), insert–

5A

Before making an order for the compulsory acquisition of water rights, and in considering the matters referred to in subsections (3) to (5), the Scottish Ministers 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 (asp 3).

5B

In the event that the provisions of an order for the compulsory acquisition of water rights which makes provision on matters relating to the protection of the water environment and the conditions of an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 differ, and cannot reasonably be reconciled, the relevant provisions of that order shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.

f

omit subsection (6).

3

In section 109(1) (interpretation) insert the following definitions in the appropriate places alphabetically–