The West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997

• Citation: S.I. 1997/1115
• Sections: 8

Section 1 Citation and commencement

(1) This Order may be cited as the West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997 and shall, subject to paragraph (2), come into force on 3rd April 1997.

(2) Article 8 shall come into force on the expiry of the period of 90 days beginning with the day on which water is first taken by the Authority in terms of articles 4 and 5(2) of this Order.

Section 2 Interpretation

In this Order–

“ the Act ” means the Water (Scotland) Act 1980;

“approved” means approved by the Secretary of State;

“the Authority” means the West of Scotland Water Authority;

“day” means a period of 24 hours reckoned from midnight;

“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked “The West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997 Plan of Catchment Area, Location Plan and Plans and Sections of Works No 1”, one copy of which is deposited in the Scottish Office, Victoria Quay, Edinburgh, and the other in the office of the Chief Executive of the Authority at 419 Balmore Road, Glasgow, G22 6NU;

“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 purposes of the undertaking;

“undertaking” means the water undertaking for the time being of the Authority;

“works” means the works described in Schedule 1 to this Order, which the Authority, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary land or sufficient rights therein.

Section 3 Incorporation and application of the provisions of Schedule 4 to the Act

The provisions of sections 2 and 10(3) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far 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.

Section 4 Water rights

Subject to the provisions of this Order, the Authority may, for the purposes of the undertaking, take water from the river known as the River Bellart, in the Argyll and Bute Council area, by means of the intake structure of the works.

Section 5 Water rights

(1) During the construction of the works the Authority may take from the said River Bellart such water as they may require for such construction.

(2) After completion of the works, the Authority may take from the River Bellart, in any day, a quantity of water not exceeding 300 cubic metres, as measured and recorded by an approved gauge (part of Works No 1), at a rate not exceeding 7 litres per second, except when the flow in the River Bellart, as measured by an approved gauge, is less than 100 litres per second, when the Authority may take water at a rate not exceeding 3.5 litres per second.

Section 6 Water rights

If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order, except for article 8, comes into force the said power shall cease.

Section 7 Miscellaneous

The Authority shall at all times after the expiration of six months from the date on which this Order, except for article 8, comes into force keep at the office of the Chief Executive of the Authority a copy thereof and a copy of the deposited plan.

Section 8 Revocation of Order of 1952

The Argyll County Council (Allt Mor, Dervaig) Water Order 1952 is hereby revoked.