Water (Scotland) Act 1980

Part II S

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

10 S Before 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.

11 S Not later than the date on which the said notice is first published the Secretary of State shall serve a copy thereof—

(i) on [F1 Scottish Water and on the][F2 local 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 F3 exercising functions in relation to any watercourse, from which water is taken under the rights transferred F4 and on any public undertakers [F5 or licence holder within the meaning of Part I of the Electricity Act 1989] known by the Secretary of State to be authorised by [F5 or by virtue of] any enactment to take or use water from any such watercourse [F6 and 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.

Textual Amendments

F1 Words in Sch. 1 para. 11(i) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(8) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Words in Sch. 1 para. 11(i) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54(c)(i); S.I. 1996/323, art. 4(1)(c)

F3 Words in Sch. 1 para. 11(ii) repealed (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 34(5)(b), Sch. 24; S.I. 1996/186, art. 3

F4 Words in Sch. 1 para. 11(ii) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 54(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F5 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(2)(c)

F6 Words in Sch. 1 para. 11(ii) added (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 34(5)(b); S.I. 1996/186, art. 3

12 S The Secretary of State shall also publish in the Edinburgh Gazette a notice stating that he is about to make the order, F7 . . . 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.

Textual Amendments

F7 Words 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)

13 S The 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 F8 as the Secretary of State thinks reasonable.

Textual Amendments

F8 Words in Sch. 1 para. 13 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(e), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

14 S The 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 [F9 Scottish 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.

Textual Amendments

F9 Words in Sch. 1 para. 14 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(10) (with s. 67); S.S.I. 2002/118, art. 2(3)

15 S If 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 [F10 Scottish Water or] any authority or board or undertakers [F11 or 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.

Textual Amendments

F10 Words in Sch. 1 para. 15 inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(11) (with s. 67); S.S.I. 2002/118, art. 2(3)

F11 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 26(2)(d)

16 S After 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.

17 S The 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 [F12 Scottish Water]

Textual Amendments

F12 Words in Sch. 1 para. 17 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(12) (with s. 67); S.S.I. 2002/118, art. 2(3)

18 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 1 para. 18 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4