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Statutory Instruments

1997 No. 1322 (C.47) (S. 106)

LOCAL GOVERNMENT, SCOTLAND

LAND DRAINAGE

The Flood Prevention and Land Drainage (Scotland) Act 1997 (Commencement) Order 1997

Made

14th May 1997

The Secretary of State, in exercise of the powers conferred on him by section 9(4) of the Flood Prevention and Land Drainage (Scotland) Act 1997(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Flood Prevention and Land Drainage (Scotland) Act 1997 (Commencement) Order 1997.

(2) In this Order, “the Act” means the Flood Prevention and Land Drainage (Scotland) Act 1997.

Commencement of Act

2.—(1) Subject to paragraphs (2) and (3) below and to section 9(3) of the Act, the Act, so far as not already in force, shall come into force on 26th May 1997.

(2) Section 2 of the Act shall come into force on force on 28th July 1997.

(3) The following provisions of the Act shall come into force on 1st April 1999:–

(a)the Schedule, so far as it repeals–

(i)provisions in the Land Drainage (Scotland) Act 1930(2); and

(ii)the Land Drainage (Scotland) Act 1941(3); and

(b)section 8, so far as it relates to the provisions specified in sub-paragraph (a) above.

Lord Sewel

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

14th May 1997

Explanatory Note

(This note is not part of the Order)

In terms of section 9(2) and (3) of the Flood Prevention and Land Drainage (Scotland) Act 1997 (“the Act”), sections 6(1), 7 and 9 came into force on the passing of the Act (21st March 1997) and section 6(2) will come into force on 1st April 1999. This Order brings the remainder of the Act into force on 26th May 1997, with the exception of section 2 (which is brought into force on 28th July 1997) and certain repeals in the Schedule (which are brought into force on 1st April 1999).