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Scottish Statutory Instrument 2001 No. 369
The North of Scotland Water Authority (River Lochy
Abstraction Scheme) Water Order 2001
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SCOTTISH STATUTORY INSTRUMENTS
2001 No. 369
WATER SUPPLY
The North of Scotland Water Authority (River Lochy Abstraction
Scheme) Water Order 2001
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Made |
8th October 2001 |
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Coming into force |
9th October 2001 |
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The Scottish Ministers, in exercise of the powers conferred by sections
17(2), 29(1) and 107(1)(b) of the Water (Scotland) Act 1980[1]
and of all other powers enabling them in that behalf, on the application
of the North of Scotland Water Authority[2], hereby make
the following Order:
Citation and commencement
1. This Order may be cited as the North of Scotland
Water Authority (River Lochy Abstraction Scheme) Water Order 2001 and shall
come into force on 9th October 2001.
Interpretation
2. In this Order-
"the Act" means the Water (Scotland) Act 1980;
"approved" means approved by the Scottish Ministers;
"the Authority" means the North of Scotland Water Authority established
under section 62 of the Local Government etc. (Scotland) Act 1994[3];
"day" means a period of 24 hours reckoned from midnight;
"deposited plan" means the plan, prepared in duplicate, docqueted
and signed as relevant to this Order and marked "North of Scotland Water
Authority (River Lochy Abstraction Scheme) Water Order 2001 Plan of Catchment
Area and Plan and Section of Works" one copy of which is deposited in the
office of the Scottish Executive, Victoria Quay, Edinburgh, and the other
in the office of the Chief Executive of the Authority at Cairngorm House,
Beechwood Park North, Inverness;
"gauge" includes a gauge weir or other apparatus for measuring the
flow of water;
"intake" includes any work by which water is taken by the Authority
for the purpose of the undertaking;
"undertaking" means the water undertaking for the time being of
the Authority;
"works" means the works described in Schedule 2 to this Order which
the Authority, in exercise of the powers conferred on them by section 21
of the Act[4] and in the lines and situations and according
to the general dimensions shown on the deposited plan, propose to construct
and maintain for the purpose of providing a supply of water within their
limits of supply when they have acquired the necessary land or sufficient
rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3. The provisions of sections 2 and 10(3) and (4)
of Schedule 4 to the Act[5], as modified and adapted to
read as set out in Schedule 1 to this Order, shall apply to the undertaking
insofar as affected by the provisions of this Order, and the terms used
in the provisions of those sections, as so modified and adapted, which
are defined in this Order, shall have the same meaning as in this Order.
Water rights
4. Subject to the provisions of this Order, the
Authority may, for the purposes of the undertaking and by means of the
wellfield forming Work No. 1, referred to in Schedule 2 to this Order,
take water from the gravels adjacent to the river known as the River Lochy
in the Lochaber Area of the Highland Council.
5. - (1) During the construction of the works
the Authority may take from the said River Lochy such water as they may
require for such construction.
(2) After completion of the works the Authority
may in any day, by means of the wellfield forming Work No. 1, referred
to in Schedule 2 to this Order, take from the said gravels adjacent to
the River Lochy a quantity of water not greater than 10,500 cubic metres,
as measured and recorded by an approved gauge forming part of Work No.
2, referred to in Schedule 2 to this Order.
6. If the power to take water conferred by this Order
has not been exercised on or before 9th October 2011, the said power shall
cease.
Revocation
7. The County of Inverness (Allt Odhar, Spean Bridge)
Water Order 1962[6], The County of Inverness (River Loy,
Corpach) Water Order 1964[7], The Argyll County Council
(Allt Mor, Trislaig) Water Order 1968[8], The Argyll Water
Board (Allt Blaich Mhoir) Water Order 1968[9], The Argyll
Water Board (Allt Meadhonach, Achaphubuil) Water Order 1970[10],
The Highland Regional Council (Allt Beinn Chlianaig) Water Order 1977[11]
are hereby revoked.
Miscellaneous
8. The Authority shall at all times after 9th April
2002 keep at the office of their Chief Executive a copy of this Order and
a copy of the deposited plan.
MIKE NEILSON
A member of the staff of the Scottish Ministers
Victoria Quay, Edinburgh
8th October 2001
SCHEDULE 1
Article 3
The modifications and adaptations of Schedule 4 to the Act referred
to in this Order are-
Section 2
" In the construction of the works described in Schedule 2 to the
North of Scotland Water Authority (River Lochy Abstraction Scheme) Water
Order 2001 the Authority may deviate laterally to any extent not exceeding
the limits of deviation shown on the deposited plan and they may deviate
vertically from the levels shown on the said deposited plan to any extent:
Provided that-
(a) no control building shall be constructed at a greater height
above the general surface of the ground than that shown on the said plan
and 2 metres in addition thereto; and
(b) except for the purposes of crossing a stream, canal, dyke, watercourse
or railway, or of crossing any lands where the consent of all persons interested
in those lands has been obtained, no pipe or other conduit or aqueduct
shall be raised above the surface of the ground otherwise than in accordance
with the said deposited plan."; and
Section 10(3)
SCHEDULE 2
Article 4
The works referred to in this Order and shown on the deposited plan
marked "The North of Scotland Water Authority (River Lochy Abstraction
Scheme) Water Order 2001 Plan of Catchment Area and Plan and Section of
Works" are-
| Work No. 1 |
A wellfield situated adjacent to the south bank of the River Lochy
between Ordnance Survey Grid References NN 1595 8184 and NN 1648 8229;
and |
| Work No. 2 |
A water treatment works at Ordnance Survey Grid Reference NN 1595 8160
incorporating an approved gauge to measure the quantity of water taken
from the said wellfield (Work No. 1) from the gravels adjacent to the River
Lochy. |
Notes:
[1] 1980 c.45; section 17(2) and section 107(1)(b)
were amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule
13, paragraph 119; see section 109(1) for definition of "local enactment".
The functions of the Secretary of State were transferred to the Scottish
Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
[2] The North of Scotland Water Authority was
established under section 62 of the Local Government etc. (Scotland) Act
1994 (c.39).back
[3] 1994 (c.39).back
[4] Section 21 was substituted by the Local Government
etc. (Scotland) Act 1994, section 108.back
[5] Section 2 of Schedule 4 was amended by the
Roads (Scotland) Act 1984 (c.54), Schedule 9, paragraph 81(15)(a); section
10(3) was amended by the Criminal Justice Act 1982 (c.48), Schedule 15,
paragraph 27 and by the Criminal Procedure (Consequential Provisions) (Scotland)
Act 1995 (c.40), Schedule 2. The provisions of Schedule 4 to the Act are
referred to as sections.back
[6] S.I. 1962/651.back
[7] S.I. 1964/1769.back
[8] S.I. 1968/667.back
[9] S.I. 1968/1121.back
[10] S.I. 1970/754.back
[11] Order dated 15th March 1977, approving
Minute of Agreement between the British Aluminium Company Limited and the
Lochaber Power Company and the Highland Regional Council, dated 14th October,
27th October and 19th November 1976.back
ISBN 0 11059876 8
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