The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003
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The Scottish Ministers, in exercise of the powers conferred by sections 68(3) and 69 of the Water Industry (Scotland) Act 2002[1] and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 68(5) of that Act, been laid before and approved by resolution of the Scottish Parliament: Citation and commencement 1. This Order may be cited as the Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 and shall come into force on the day after the day on which it is made. Modifications of enactment 2. The modifications specified in Parts I and II of the Schedule to this Order shall have effect. ROSS FINNIE A member of the Scottish Executive St Andrew's House, Edinburgh 24th June 2003 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) 1. In section 1 (procedure for compulsory purchase of land) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947[2]-
(b) after subsection (2) insert-
Housing and Town Development (Scotland) Act 1957
(c.38)
(ii) at the end insert "or, as the case may be, Scottish Water"; and (b) in subsection (5), after "authority" insert "or Scottish
Water". (3) Sections 11, 12 and 15(2) are
repealed.
(b) after subsection (5) insert-
(5) In section 19(1) (interpretation of
part II), the definition of "public authority" is
repealed.
(b) paragraph 3; and (c) in paragraph 4, the words "or 3", are repealed.
Control of Pollution Act 1974
(c.40)
(b) for "the sewerage authority" wherever the expression occurs substitute "Scottish Water"; and (c) for "person" where it third occurs in subsection (1) substitute "the person". (3) In section 36(1)(b) (provisions
supplementary to sections 34 and 35)-
(b) the words ", and to each water authority within whose limits of supply," and the words ", or within whose limits of supply," are repealed. (4) In section 56(1) (interpretation etc.
of Part II) -
(b) in the definition of "watercourse"-
(ii) for "a water authority" substitute "Scottish Water". (5) In section 62(2)(a) (noise in
streets)-
(b) for "functions" substitute "core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3)". Rent (Scotland) Act 1984
(c.58)
(3) In section 115(1) (interpretation), the
definitions of "sewerage authority" and "water authority" are
repealed.
Environment Act 1995
(c.25)
(ii) sub-paragraph (iii) and the word "or" which immediately precedes it are repealed; and (b) at the end of that paragraph insert "or is Scottish
Water,". (3) In section 56(2)(c) (tenant management
agreements: further provision) for "a water authority or a sewerage
authority" substitute "Scottish Water". Utilities Contracts Regulations 1996 (S.I. 1996/2911) 9. In Schedule 1 (utilities and activities) to the Utilities Contracts Regulations 1996[7], in part A of the table, in the column headed "utility", for "a water and sewerage authority established by section 62 of the Local Government etc. (Scotland) Act 1994", substitute "Scottish Water". Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 (S.I. 1996/3047) 10. - (1) The Surface Waters (Abstraction for Drinking Water) (Classification) (Scotland) Regulations 1996 are amended as follows. (2) In regulation 1(2) (citation, commencement, interpretation and extent), the definitions of "water authority" and "relevant water authority" are repealed. (3) In each of the following provisions, for "the relevant water authority" wherever the expression occurs substitute "Scottish Water"-
Regulation 9(4), Regulation 10, Regulation 11, Regulation 14(2). (4) In regulation 14(1)
(registers)-
(b) in sub-paragraph (a) delete the words "in its area". Environmental Impact Assessment (Scotland) Regulations
(S.S.I. 1999/1)
Pollution Prevention and Control (Scotland) Regulations 2000
(S.S.I. 2000/323)
Race Relations Act 2002 (Statutory Duties) (Scotland) Order
2002 (S.S.I. 2002/62) (This note is not part of the Order) This Order makes modifications of enactments which appear to be necessary or expedient in consequence of the Water Industry (Scotland) Act 2002 (asp 3) ("the 2002 Act"). Section 20 of the 2002 Act created Scottish Water, which took over the functions previously exercisable by the former water and sewerage authorities (the East, North and West of Scotland Water Authorities). Article 2 provides for the modifications of the enactments specified in the Schedule to this Order. In the Schedule, modifications of public general enactments are in Part I and modifications of subordinate legislation are in Part II. The modifications in paragraph 1 of the Schedule are to ensure that, where Scottish Water exercises its powers of compulsory purchase under section 47 of the 2002 Act, the procedure for compulsory purchase of land, as set out in the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42), will apply to Scottish Water in the same way as they apply in relation to local authorities exercising such powers. The effect of the modifications in paragraphs 2 to 15 of the Schedule is to replace any references to the former water and sewerage authorities in the enactments specified with references to Scottish Water, or to repeal or revoke provisions concerning those authorities which will have no application to Scottish Water. Notes: [1] 2002 asp 3.back [2] Section 1 was amended by the Statute Law Revision Act 1953 (c.5); the National Health Service (Scotland) Act 1978 (c.29), Schedule 16, paragraph 2; the Civil Aviation Act 1982 (c.16), Schedule 15, paragraph 2; the Roads (Scotland) Act 1984 (c.54), section 110(3) and the Land Reform (Scotland) Act 2003 (asp 2), Schedule 2, paragraph 2.back [3] Section 30H was inserted by the Environment Act 1995 (c.25), Schedule 16, paragraph 2. Section 36(1), section 56(1) and section 62(2) were amended by the Local Government etc. (Scotland) 1994 (c.39), Schedule 13, paragraph 95 and the Environment Act 1995 (c.25), Schedule 16, paragraph 8 and Schedule 22, paragraph 29.back [4] Section 5(2), section 63(4) and section 115(1) were amended by the Housing (Consequential Provisions) Act 1985 (c.71), Schedule 2, paragraph 59; the Housing (Scotland) Act 1987 (c.26), Schedule 23, paragraph 29; the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 137 and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 54.back [5] Section 43(3), section 45(4), section 55(1) and Schedule 4, paragraph 11 were amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 157 and the Housing (Scotland) Act 2001 (asp 10), Schedule 10, paragraph 14 and by S.I. 1993/658.back [6] Section 36(3) was amended by the Water Industry (Scotland) Act 2002 (asp 3), Schedule 7, paragraph 24.back [7] Schedule 1 was substituted by S.I. 2001/2418, regulation 3 and Schedule 1.back [8] Regulation 2 was amended by S.S.I. 2002/324, regulation 2.back [9] The Schedule was substituted by S.S.I. 2002/415, article 2.back
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