- Latest available (Revised)
- Point in Time (03/12/2007)
- Original (As enacted)
Version Superseded: 30/06/2014
Point in time view as at 03/12/2007.
Environment Act 1995, Cross Heading: The Natural Heritage (Scotland) Act 1991 is up to date with all changes known to be in force on or before 25 December 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
96(1)The M1Natural Heritage (Scotland) Act 1991 shall be amended in accordance with the following provisions of this paragraph.E+W+S
(2)In section 15—
(a)in subsection (2) for the words “a river purification authority, acting in pursuance of their duties under section 17(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1951” there shall be substituted the words “ SEPA acting in pursuance of its duties under section 34(1) of the M2Environment Act 1995 ”;
(b)in subsection (3) for the words “said Act of” and “a river purification authority” where they first occur there shall be substituted the words “ Rivers (Prevention of Pollution (Scotland) Act ” and “ SEPA ” respectively and the words “and a river purification authority of whom such a requirement is made shall make such an application” shall cease to have effect;
(c)for subsection (5) there shall be substituted—
“(5)A control area shall comprise an area or areas shown in a map or plan contained in the order.”
(3)In section 17—
(a)in subsection (1) for the words “A river purification authority” there shall be substituted the words “ SEPA ”;
(b)in subsection (3) for the words “A river purification authority”, “their” in both places where it occurs, “they” and “the authority” there shall be substituted the words “ SEPA ”, “ its ”, “ it ” and “ SEPA ” respectively.
(4)In section 18—
(a)in subsection (1) for the words “a river purification authority” and “they” there shall be substituted the words “ SEPA ” and “ it ” respectively;
(b)in subsection (2) for the words “the river purification authority decide” there shall be substituted the words “ SEPA decides ”;
(c)in subsection (3) for the words “a river purification authority” and “the authority” there shall be substituted the words “ SEPA ” and “ it ” respectively;
(d)in subsection (4) for the words “the river purification authority declare” there shall be substituted the words “ SEPA declares ”;
(e)in subsection (5) for the words “A river purification authority” and “them” there shall be substituted the words “ SEPA ” and “ it ” respectively.
(5)In section 24—
(a)in subsection (1)—
(i)for the words “a river purification authority” there shall be substituted the words “ SEPA ”; and
(ii)in paragraph (a), after the word “on” there shall be inserted the words “ SEPA or ”; and
(b)in subsection (9)—
(i)for the words “a river purification authority or” there shall be substituted the words “ SEPA or a ”; and
(ii)in paragraph (a), after the word “by” where it second occurs there shall be inserted the words “ SEPA or ”.
(6)After section 26 there shall be inserted—
In this Act “SEPA” means the Scottish Environment Protection Agency.”
(7)In Schedule 5—
(a)in paragraph 1 for the words “the river purification authority concerned consider” there shall be substituted the words “ SEPA considers ”;
(b)in paragraph 2 for the words “the river purification authority concerned” there shall be substituted the words “ SEPA ” and the words “in their area and” shall cease to have effect;
(c)in paragraph 3 for the words “the river purification authority” and “their” wherever they occur there shall be substituted the words “ SEPA ” and “ its ” respectively;
(d)in paragraphs 4 and 9 for the words “the river purification authority” wherever they occur there shall be substituted the words “ SEPA ”.
(8)In Schedule 6—
(a)in paragraph 1—
(i)in sub-paragraph (1) for the words “the river purification authority” there shall be substituted the words “ SEPA ”;
(ii)in sub-paragraph (2) for the words “A river purification authority”, “them”, “the authority” and “their” there shall be substituted respectively the words “ SEPA ”, “ it ”, “ it ” and “ its ” respectively;
(iii)in sub-paragraph (3) for the words “the river purification authority” there shall be substituted the words “ SEPA ”;
(iv)in sub-paragraph (4) for the words “the river purification authority”, “the authority fail” and “their” there shall be substituted the words “ SEPA ”, “ it fails ” and “ its ” respectively;
(v)sub-paragraph (5) shall cease to have effect;
(vi)in sub-paragraph (6) for the words “the river purification authority to whom the application has been made” there shall be substituted the words “ SEPA ”;
(b)in paragraph 2—
(i)in sub-paragraph (1) for the words “the river purification authority” wherever they occur there shall be substituted the words “ SEPA ”;
(ii)in sub-paragraphs (3) and (4) for the words “the river purification authority” wherever they occur there shall be substituted the words “ SEPA ”;
(iii)at the end there shall be added—
“(6)This paragraph is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).”;
(c)in paragraph 3—
(i)in sub-paragraph (1) for the words “A river purification authority” there shall be substituted the words “ SEPA ”;
(ii)in sub-paragraph (2) for the words “A river purification authority” and “they are” there shall be substituted the words “ SEPA ” and “ it is ” respectively;
(iii)in sub-paragraph (4) for the words “the river purification authority” there shall be substituted the words “ SEPA ”;
(iv)in sub-paragraph (5) for the words “the river purification authority” and “them” there shall be substituted the words “ SEPA ” and “ it ” respectively;
(v)in sub-paragraph (6) for the words “the authority fail to intimate their” and “the river purification authority” there shall be substituted the words “ SEPA fails to intimate its ” and “ SEPA ” respectively;
(d)in paragraph 4 for the words “A river purification authority” and “them” there shall be substituted the words “ SEPA ” and “ it ” respectively;
(e)in paragraph 5(2) for the words “the river purification authority” there shall be substituted the words “ SEPA ”.
(9)In Schedule 8, in paragraph 1—
(a)for sub-paragraph (1) there shall be substituted—
“(1)Before making an application for a drought order, the applicant shall consult—
(a)SEPA, in a case where notice of the application is required to be served on it under this paragraph; and
(b)any district salmon fishery board on whom notice of the application is required to be served under this paragraph.”;
(b)in sub-paragraph (3), in the second column of the Table, in the fourth entry (relating to orders concerning the taking of water from a source or the discharge of water to a place), in paragraph (a) the words “, river purification authority” shall cease to have effect and at the end there shall be added—
“(c)SEPA.”;
(c)in sub-paragraph (3), in the second column of the Table, in the fifth entry (relating to orders which authorise the execution of any works) for the words “every river purification authority and” there shall be substituted the words “ SEPA and every ”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: