The Scottish Water (Loch Braigh Horrisdale) Water Order 2006

Citation and commencement

1.  This Order may be cited as the Scottish Water (Loch Braigh Horrisdale) Water Order 2006 and shall come into force on 2nd June 2006.

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 Braigh Horrisdale) Water Order 2006”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, one copy in the head office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife, KY11 8GG, and one copy in the Scottish Water Inverness Area Office, 31 Henderson Drive, Longman North, Inverness IV1 1TK;

“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; and

“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 those paragraphs, 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 shown on the deposited plan and located at Ordnance Survey National Grid Reference NG 7950 7080 (part of Works No. 1), take water from Loch Braigh Horrisdale in the area of the Highland Council.

5.—(1) During the construction of the works, Scottish Water may take from Loch Braigh Horrisdale, such water as it may require for such construction.

(2) After completion of the works, Scottish Water may, in any day, take from Loch Braigh Horrisdale a quantity of water not greater than 250 cubic metres, as measured and recorded by an approved meter (part of Works No. 3).

6.  If the power to take water conferred by this Order has not been exercised by 31st December 2007, the said power shall cease.

Revocation

7.  The County of Ross and Cromarty (Loch Braigh Horrisdale, Badachro) Water Order 1961(3) is revoked with effect from 31st December 2007.

R IRVINE

A member of the staff of the Scottish Ministers

Victoria Quay,

Edinburgh

30th May 2006