Textual Amendments
F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
Modifications etc. (not altering text)
C1Sch. 5: transfer of functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
5E+W+S[F2Subject to paragraphs 5A and 5B,] In deciding whether to make the order or in prescribing the quantity of any compensation water to be provided under the order, the Secretary of State shall have regard to all the circumstances of the particular case, including—
(a)the interest of public health ;
(b)the character of the watercourse or loch, and the flow, or as the case may be the level, of water in it ;
(c)the extent to which the watercourse or loch is, or may in future be, used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply, agriculture, transport and navigation ; and
(d)the effect on land drainage or on any canal or inland navigation of any alteration in the flow of water in the watercourse or level of water in the loch,
and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings.
Textual Amendments
F2Words in Sch. 5 para. 5 inserted (S.) (1.4.2006) by The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054), art. 1(1), Sch. 1 para. 1(4)(a)