Water (Scotland) Act 1980

Sections 13, 17, 19 29, 72, 107.

SCHEDULE 1S Procedure for Making Orders and Making and Confirming Byelaws

Part IS

Orders made by the Secretary of State under section 17(2) and (if made on application of water authority or water development board) sections 19, 29(2) and 107(1)).S

1S[F1Where Scottish Water proposes to apply] for any order to which this part of this Schedule applies [F2it] shall submit to the Secretary of State a draft of the order which [F3it desires] him to make and shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the order a notice—

(a)stating the general effect of the order;

(b)specifying a place in or near the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice;

(c)stating that within the said period any person may by notice to the Secretary of State object to the application.

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2SNot later than the date on which the said notice is first published, [F4Scottish Water] shall serve a copy thereof—

(i)on the F5. . . [F6local authority] for every area affected by the order along with a copy of the draft order;

(ii)where it is proposed that the order shall authorise the acquisition of rights to take water, on the fishery district board of any fishery district from which water is to be taken under the rights acquired, on any navigation authority exercising functions in relation to any watercourse from which water is to be taken under the rights acquired and on any public undertakers [F7or licence holder within the meaning of Part I of the Electricity Act 1989] known by [F8Scottish Water] to be authorised by [F7or by virtue of] any enactment to take or use water from any such watercourse and in the case of an order under section 17(2) [F9on the Scottish Environment Protection Agency].

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3S[F10Scottish Water] shall also publish in the Edinburgh Gazette a notice stating that [F11it is] about to apply for an order under the appropriate section, F12. . . and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the order applied for will be found.

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4S[F13Scottish Water] shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of such charge F14 as [F15it thinks] reasonable.

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5SThe Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit, but, where he proposes to make any modification and considers that persons other than [F16Scottish Water] may be adversely affected thereby, he shall require [F16Scottish Water] to give and publish additional notices in such manner as he thinks best adapted for informing all persons so affected of the modification proposed.

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6SIf before the expiration of the 28 days referred to in paragraph 1 of this Schedule or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before the expiration of any period specified in notices given under the last foregoing paragraph, an objection is received by the Secretary of State from any authority or board or undertakers [F17or licence holder] on whom a notice is required to be served under paragraph 2 of this Schedule, or from any other person appearing to him to be affected by the application, or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held.

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7SAfter considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

8SThe expenses incurred by the Secretary of State in connection with the making, notification and confirmation of an order under this Part of this Schedule shall be paid by [F18Scottish Water]F19. . . .

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9S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

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Part IIS

Orders made by the Secretary of State under section 13(2) and (if no application by the water authority or water development board) sections 19 and 29(2).S

10SBefore making an order to which this Part of this Schedule applies, the Secretary of State shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the order, a notice—

(a)stating the general effect of the order;

(b)specifying a place in or near the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice; and

(c)stating that within the said period any person may by notice to the Secretary of State object to the making of the order.

11SNot later than the date on which the said notice is first published the Secretary of State shall serve a copy thereof—

(i)on [F21Scottish Water and on the][F22local authority] for every area affected by the order along with a copy of the draft order;

(ii)where it is proposed that the order shall authorise the transfer of rights to take water, on the fishery district board of any fishery district, and on any navigation authority F23 exercising functions in relation to any watercourse, from which water is taken under the rights transferred F24 and on any public undertakers [F25or licence holder within the meaning of Part I of the Electricity Act 1989] known by the Secretary of State to be authorised by [F25or by virtue of] any enactment to take or use water from any such watercourse [F26and on the Scottish Environment Protection Agency];

(iii)where it is proposed that the order shall provide for the furnishing of a supply of water in bulk, on the fishery district board of any fishery district from which water is taken by the persons who are to give the bulk supply.

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12SThe Secretary of State shall also publish in the Edinburgh Gazette a notice stating that he is about to make the order, F27. . . and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the order will be found.

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F27Words in Sch. 1 para. 12 repealed (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(9) (with s. 67); S.S.I. 2002/118, art. 2(3)

13SThe Secretary of State shall, at the request of any person interested, furnish him with a copy of the draft order upon payment of such charge F28 as the Secretary of State thinks reasonable.

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14SThe Secretary of State may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, but, where he proposes to make any modification and considers that persons other than [F29Scottish Water] may be adversely affected thereby, he shall give and publish additional notices in such manner as he thinks best adapted for informing all persons likely to be affected by the modification proposed.

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15SIf before the expiration of the 28 days referred to in paragraph 10 of this Schedule, or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before the expiration of any period specified in notices given under the last foregoing paragraph, an objection is received by the Secretary of State from [F30Scottish Water or] any authority or board or undertakers [F31or licence holder] on whom a notice is required to be served under paragraph 11 of this Schedule or from any person appearing to him to be affected by the order or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State before making the order shall cause a local inquiry to be held.

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16SAfter considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

17SThe expenses incurred by the Secretary of State in connection with the making, notification and confirmation of an order under this Part of this Schedule shall be paid by [F32Scottish Water]

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18S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

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Part IIIS

Agreements made by water authorities or water development boards under section 17S

19[F34Where Scottish Water proposes] to enter into an agreement to which this Part of this Schedule applies [F35it]shall publish once at least in each of two successive weeks in one or more local newspapers circulating within [F36its] limits of supply F37 a notice explaining the effect of the proposals and stating that objections thereto may be made to the Secretary of State within 28 days after the first publication of the notice, and shall send a copy of the notice to the F38. . . [F39local authority] for any area, the fishery district board of any fishery district, and any navigation authority exercising jurisdiction in relation to any water course, from which water is proposed to be taken under the rights to be acquired, and where the river purification authority within whose area the stream affected is situated are not the same authority as [F40Scottish Water], to that authority, and to any public undertakers known by the water authority F37 to be authorised by any enactment to take or use water from any such watercourse.

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20[F41Scottish Water]F42 shall also publish in the Edinburgh Gazette a notice stating that [F43it proposes] to enter into such an agreement as aforesaid with the persons specified in the notice and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the proposals will be found.

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F42Words in Sch. 1 para. 20 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), SCh. 13 para. 119(54)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

21The Secretary of State shall not approve the agreement before the expiration of the said 28 days or before the expiration of 25 days from the publication of the said notice in the Edinburgh Gazette, and before approving it shall consider any objections which may have been received by him before the expiration of either of the said periods, and if before such expiration an objection is received by the Secretary of State from any authority or board or undertakers to whom a notice is required to be sent under paragraph 19 of this Schedule or who appear to him to be affected by the proposed agreement and the objection is not withdrawn, the Secretary of State shall, before approving the agreement, cause a local inquiry to be held.

22After considering the report of any local inquiry under the last foregoing paragraph, and before making the order approving the agreement, the Secretary of State shall give to any person who has objected thereto under the said paragraph, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

23The expenses incurred by the Secretary of State in connection with the approval of agreements under this Part of this Schedule (whether by order or otherwise) and the confirmation of orders thereunder shall be paid by [F44Scottish Water] .

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Part IVS

Byelaws made by water authorities or water development boards under sections 70 and 71S

24SByelaws to which this Part of this Schedule applies F45. . . shall not have effect until they are confirmed by the Secretary of State.

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25SAt least one month before application for confirmation of the byelaws is made—

(a)notice of the intention to apply for confirmation shall be published in the Edinburgh Gazette and in one or more local newspapers circulating in the area to which the byelaws apply, and

(b)a copy of the byelaws shall be sent to the [F46local authority for any area] wholly or partly comprised in the area to which the byelaws apply.

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26SFor at least one month before such application is made, a copy of the byelaws shall be deposited at the offices of [F47Scottish Water]F48 and shall at all reasonable hours be open to public inspection without payment.

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27S[F49Scottish Water]F50 shall, at the request of any person interested, furnish to him a copy of the proposed byelaws upon payment of such sum F51 as [F52it] may determine.

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28SAny person aggrieved by any such byelaws may, within one month after the publication of the notice required by paragraph 25 hereof, notify his objection and the ground of his objection to the Secretary of State who shall consider them before confirming the byelaws.

29SThe Secretary of State may confirm with or without modification or refuse to confirm any byelaws submitted to him under this Part of this Schedule for confirmation, and may fix a date on which the byelaws are to come into operation and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

30SA copy of the byelaws when confirmed shall be printed and deposited at the offices of [F53Scottish Water]F54 and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum F55, as [F56Scottish Water]F54 may determine.

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31SThe production of a printed copy of the byelaws on which is endorsed a certificate purporting to be signed by [F57a duly authorised] officer of [F58Scottish Water]F59, stating—

(a)that the byelaws were made by [F58Scottish Water]F59;

(b)that the copy is a true copy of the byelaws;

(c)that on a specified date the byelaws were confirmed by the Secretary of State; and

(d)the date, if any, fixed by the Secretary of State for the coming into operation of the byelaws;

shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this paragraph.

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