Natural Heritage (Scotland) Act 1991

Section 20.

SCHEDULE 7 Further provisions regarding drought orders

Duration of drought orders

1 (1) This paragraph applies to the period for which the following have effect—

(a) an authorisation given;

(b) a prohibition or limitation imposed; or

(c) a suspension or modification effected,

by or under any drought order made under section 20 of this Act.

(2) The period mentioned in sub-paragraph (1) above shall expire no later than the end of the period of—

(a) in the case of an ordinary drought order, six months; or

(b) in the case of an emergency drought order, three months,

beginning with the day on which the order comes into operation unless that period is extended, in relation to that order, by virtue of the exercise by the Secretary of State of his power to amend the order.

(3) The Secretary of State shall not extend the periods mentioned in sub-paragraph (2) above beyond the end of the period of—

(a) in the case of an ordinary drought order, one year; or

(b) in the case of an emergency drought order, five months,

beginning with the day on which the order comes into operation.

Exercise of power to make a drought order

2 (1) A drought order may—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(2) A drought order shall be made by statutory instrument.

Prohibition or limitation of use of water

3 Where a drought order contains a provision authorising a water authority to prohibit or limit the use of water—

(a) the power may be exercised in relation to consumers generally, a class of consumer or a particular consumer;

(b) the authority shall (as they think appropriate)—

(i) cause notice of the prohibition or limitation to be published in one or more newspapers circulating within that part of the authority’s limits of supply which would be affected by the provision of the order; or

(ii) send notice of the prohibition or limitation to the persons to whom the prohibition or limitation will apply,

and shall take such other steps, if any, as they think appropriate for bringing the prohibition or limitation to the attention of the persons to whom the prohibition or limitation will apply; and

(c) the prohibition or limitation shall not come into operation until the expiration of the period of seventy-two hours beginning with the day on which the notice is published or, as the case may be, sent to the person in question.

Abstractions and discharges of water

4 (1) Any drought order which—

(a) authorises the taking of water from a source from which water is supplied to an inland navigation; or

(b) suspends or modifies—

(i) a restriction as respects the taking of water from a source from which water is supplied to an inland navigation; or

(ii) an obligation to discharge compensation water into a canal or into any river or stream which forms part of, or from which water is supplied to, an inland navigation,

may include provision for prohibiting or imposing limitations on the taking of water from the inland navigation or for the suspension or modification of any obligation to which a navigation authority are subject as respects the discharge of water from the inland navigation.

(2) A prohibition or limitation by or under a drought order on the taking of water from any source may be imposed so as to have effect in relation to a source from which a person to whom the prohibition or limitation applies has a right to take water whether by virtue of an enactment or instrument, an agreement or the ownership of land.

Works under drought orders

5 (1) A drought order may authorise a water authority or a water development board, subject to any conditions and restrictions specified in the order, to execute any works required for the performance of any duty or the exercise of any power which is imposed or conferred by or under the order and—

(a) may authorise that authority or board for the purpose to enter upon any land specified in the order and to occupy and use the land to such extent and in such manner as may be requisite for the execution and maintenance of the works; and

(b) may apply in relation to the execution of the works such of the provisions of Part III of and Schedules 3 and 4 to the [1980 c. 45.] Water (Scotland) Act 1980 as appear to the Secretary of State to be appropriate, subject to such modifications as may be specified in the order.

(2) Where a drought order authorises a water authority or water development board to enter upon any land, the provisions of subsections (2), (4), (5), (7), (8) and (9) of section 24 of this Act shall apply, subject to sub-paragraph (3) below, to the right of entry given by such an order as they apply to the right of entry given by that section.

(3) A drought order which authorises a water authority or water development board to enter upon land shall provide that the authority or board shall give to the occupier of the land and to such other persons concerned with the land as may be specified in the order not less than twenty-four hours' notice of any intended entry: and a sheriff shall not grant a warrant under paragraph (a) or (b) of section 24(2) of this Act unless he is satisfied that such notice has been given.

(4) Any works to be carried out under the authority of an emergency drought order shall be included in the definition of emergency works in section 39(1) of the [1950 c. 39.] Public Utilities Street Works Act 1950.

Miscellaneous

6 An interruption or diminution of the supply of water shall not affect the right of a water authority to recover any fixed or minimum charge, including a community water charge imposed in accordance with the provisions of Part I of Schedule 5 to the [1987 c. 47] Abolition of Domestic Rates Etc. (Scotland) Act 1987.

7 The Secretary of State may require a water authority or a water development board on whom powers have been conferred by a drought order to furnish him with such information relating to the exercise by them of any of these powers as he considers necessary to enable him to discharge his functions under Part III of this Act.