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Water (Scotland) Act 1980, Part III is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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19[F1Where Scottish Water proposes] to enter into an agreement to which this Part of this Schedule applies [F2it]shall publish once at least in each of two successive weeks in one or more local newspapers circulating within [F3its] limits of supply F4 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 F5. . . [F6local 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 [F7Scottish Water], to that authority, and to any public undertakers known by the water authority F4 to be authorised by any enactment to take or use water from any such watercourse.
Textual Amendments
F1Words in Sch. 1 para. 19 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(13)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Word in Sch. 1 para. 19 inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(13)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F3Word in Sch. 1 para. 19 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(13)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F4Words in Sch. 1 para. 19 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(h)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F5Words in Sch. 1 para. 19 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(13)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F6Words in Sch. 1 para. 19 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54)(h)(ii); S.I. 1996/323, art. 4(1)(c)
F7Words in Sch. 1 para. 19 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(13)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)
20[F8Scottish Water]F9 shall also publish in the Edinburgh Gazette a notice stating that [F10it 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.
Textual Amendments
F8Words in Sch. 1 para. 20 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(14)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F9Words 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
F10Words in Sch. 1 para. 20 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(14)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
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 [F11Scottish Water] .
Textual Amendments
F11Words in Sch. 1 para. 23 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(15) (with s. 67); S.S.I. 2002/118, art. 2(3)
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