The Scottish Water (Loch Braigh Horrisdale) Water Order 2006

Made30th May 2006

Coming into force2nd June 2006

The Scottish Ministers, in exercise of the powers conferred by sections 17(1), 29(1) and 107(1)(b) of the Water (Scotland) Act 19801 and of all other powers enabling them in that behalf, on the application of Scottish Water, hereby make the following Order:

Citation and commencement1

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

Interpretation2

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 20022;
“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 Act3

The provisions of paragraphs 2 and 10(3) of Schedule 4 to the Act3, 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.

Revocation7

The County of Ross and Cromarty (Loch Braigh Horrisdale, Badachro) Water Order 19614 is revoked with effect from 31st December 2007.

R IRVINEA member of the staff of the Scottish MinistersVictoria Quay,Edinburgh30th May 2006

SCHEDULE 1

Article 2

The works referred to in this Order and shown on the deposited plan are:–

Works No. 1	Installation of a new intake headstock on the existing intake chamber located at Ordnance Survey National Grid Reference NG 7950 7080; provision of a new rose piece and sluice valve in that chamber; and refurbishment of that chamber and the provision of new covers.
Works No. 2	Installation of a new raw water pipe from the intake chamber to Works No. 3.
Works No. 3	Installation of a new meter chamber and meter to record flows, and the installation of a new swabbing chamber.
Works No. 4	Installation of a new concrete channel within the existing inlet channel; demolition of the existing channel situated downstream and excavation of the loch shoreline to merge into the new channel mouth; and installation of a baffle plate at the new channel mouth and a new stainless steel catch plate.

SCHEDULE 2

Article 3

The modifications and adaptations of Schedule 4 to the Act referred to in this Order are–

1

For paragraph 2 of Schedule 4 substitute–

In the construction of the works described in Schedule 1 to the Scottish Water (Loch Braigh Horrisdale) Water Order 2006, Scottish Water may deviate laterally to any extent not exceeding the limits of deviation shown on the deposited plan and it may deviate vertically from the levels shown on the deposited plan to any extent:
Provided that–
a
no control building shall be constructed at a greater height above the general surface of the ground than that shown on the deposited plan and 2 metres in addition thereto; and
b
except for the purposes of crossing a stream, canal, dyke, watercourse or railway, or of crossing any lands where the consent of all persons interested in those lands has been obtained, no pipe or other conduit or aqueduct shall be raised above the surface of the ground otherwise than in accordance with the deposited plan.

2

For paragraph 10(3) of Schedule 4 substitute–

If Scottish Water–
a
fails to construct or maintain in good order any such meter as is mentioned in the Scottish Water (Loch Braigh Horrisdale) Water Order 2006, or refuses to allow any person interested to inspect and examine any such meter or any records made thereby or kept by it in connection therewith or to take copies of any such records; or
b
takes any water contrary to the provisions of the Scottish Water (Loch Braigh Horrisdale) Water Order 2006,
it shall, without prejudice to its civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this sub-paragraph, on summary conviction to a fine not exceeding level 3 on the standard scale, and, in the case of an offence under paragraph (b) of this sub-paragraph–
i
on summary conviction, to a fine not exceeding the statutory maximum; and
ii
on conviction on indictment, to a fine.