Local Government (Scotland) Act 1973

135 Prevention of river pollution

(1) River purification boards established under Part II of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.

(2) On and after 16th May 1975 the functions of river purification authorities under the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall be exercised by river purification boards established under the following provisions of this section and by islands councils.

(3) The Secretary of State shall, by order, divide Scotland, other than islands areas, into areas (to be known as "river purification board areas") and the said areas shall include such tidal waters, being waters to which the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 apply, as the Secretary of State may determine.

(4) An order made under subsection (3) above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another.

(5) For each river purification board area the Secretary of State shall by order establish the river purification board and the said order shall provide—

(a) that the river purification board shall consist of such number of members as may be specified in the order not being more than three times the number of districts wholly or partly within the river purification board area,

(b) that one third of the members of the river purification board shall be appointed from among their own members by such of the regional councils wholly or partly within the area of the river purification board and in such proportions, as may be so specified; that one third of the members of the river purification board shall be appointed from among their own members by such of the district councils wholly or partly within the area of the river purification board and in such proportions as may be so specified ; and that one third of die members of the river purification board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,

(c) that the river purification board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.

(6) An order made under subsection (5) above may make provision with regard to the following matters—

(a) the arrangements for the calling of the first meeting of the river purification board;

(b) the preparation of a scheme with respect to the administrative arrangements for the discharge of the functions of the river purification board;

(c) the tenure of office of members of the river purification board and the filling of casual vacancies among such members;

(d) the mode of defraying the expenses of the board and in particular the proportions of those expenses which are to be borne severally by regional councils and for issue of requisitions to the said councils for the payment of the amounts apportioned to these councils ;

(e) the transfer to the river purification board of rights or liabilities (other than those in or relating to property) or of the services of any officer or servant of any existing river purification authority, the functions of which, on and after 16th May 1975, shall be exercised by the river purification board in terms of subsection (2) of this section;

(f) the application to the board, subject to any necessary modifications, of any of the provisions of this Act;

(g) any other matter incidental to or consequential on the establishment of the river purification board or any provision contained in the order.

(7) Before making an order under subsection (3) or (5) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, councils of counties and large burghs) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of Schedule 3 to the [1967 c. 78.] Water (Scotland) Act 1967 shall apply to the making of such an order as they apply to the making of an order under section 5 of that Act with the substitution of a reference to this subsection for the reference to section 33(4) of that Act.

(8) Any reference in the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to the councils of counties or of large burghs and to their districts shall be read as references to regional, islands or district councils and to their areas.

(9) The provisions of section 216 of the 1947 Act (which relate to the issue of requisitions by joint committees and joint boards) shall, subject to any necessary modifications, apply to a requisition by a river purification board in terms of an order under this section as they apply to requisitions by a joint committee or joint board, and the provisions of section 106 of this Act shall, subject to any necessary modifications, apply with respect to a river purification board as they apply to a water development board within the meaning of the Water (Scotland) Act 1967.

(10) The Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall have effect subject to the amendments specified in Schedule 16 to this Act.