The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006

• Citation: S.I. 2006/1054
• Sections: 6

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 and shall come into force on the day after the day on which it is made.

(2) This Order extends to Scotland only.

Section 2 Modifications

The modifications specified in Schedule 1 shall have effect.

Section 3 Consequential Provision

(1) In the event that any provisions or conditions on matters relating to the protection of the water environment contained in any of the enactments or instruments referred to in paragraph (2) differ and cannot reasonably be reconciled with the conditions contained in an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 , the relevant provisions and conditions of such enactments or instruments shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.

(2) The enactments and instruments mentioned in paragraph (1) are–

(a) the local enactments listed in Schedule 2;

(b) all constructional schemes, confirming orders and authorisations to which paragraph 32 of Schedule 17 (transitional provisions and savings) to the Electricity Act 1989 refers;

(c) all consents granted under section 36 of that Act ; and

(d) all orders made under paragraph 2 of Schedule 5 to that Act.

(2) In this article, “protection of the water environment” has the same meaning as in section 1(2) of the Water Environment and Water Services (Scotland) Act 2003 .

Section 1

(1) The Electricity Act 1989 is amended in accordance with sub-paragraphs (2) to (5).

(2) In section 36 (consent required for construction etc. of generating stations)–

(a) insert at the beginning of subsection (5), “Subject to subsections (5A) and (5B),”; and

(b) after subsection (5), insert–

(5A) In the case of a generating station in respect of which a controlled activity, within the meaning of the Water Environment (Controlled Activities) (Scotland) Regulations 2005, will be carried on, the Secretary of State shall, before granting a consent under subsection (1), obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment and have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003.

(5B) In the event that the conditions of a consent granted under subsection (1) on matters relating to the protection of the water environment, and the conditions of an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 differ, and cannot reasonably be reconciled, the relevant conditions of that consent shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.

(3) In section 111 (general interpretation) , insert at the appropriate place–

“protection of the water environment” has the same meaning as in section 1(2) of the Water Environment and Water Services (Scotland) Act 2003;

(4) In Schedule 5 (water rights for hydro-electric generating stations in Scotland) –

(a) insert at the beginning of paragraph 5, “Subject to paragraphs 5A and 5B,”; and

(b) after paragraph 5, insert–

(5A) Before making an order under paragraph 2, and in considering the matters referred to in paragraphs 3 to 5, the Secretary of State shall–

(a) obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment (and in particular as to the extent to, and the circumstances in, which water may be taken and the quantity of compensation water to be provided); and

(b) have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003.

(5B) In the event that the provisions of an order made under paragraph 2 on matters relating to the protection of the water environment, and the conditions of an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 differ and cannot reasonably be reconciled, the relevant provisions of that order shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.

(5) In Schedule 9, paragraph 5 (Fisheries Committee: Scotland)–

(a) insert at the beginning of sub-paragraph (6), “Subject to sub-paragraph (6A),”; and

(b) after sub-paragraph (6), insert–

(6A) In the case of a generating station in respect of which a controlled activity within the meaning of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 will be carried on, the Committee shall, before making a recommendation under sub-paragraph (6), obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment.

Section 2

In section 43A(4) of the Finance Act 1996 (contaminated land) –

(a) omit the word “or” where it occurs after paragraph (j); and

(b) after paragraph (k), insert–

; or

(l) a notice served under regulation 28(2) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005.

Section 3

In regulation 33(4) of the Landfill Tax Regulations 1996 (bodies eligible for approval) , after paragraph (j), insert–

(k) a notice served under regulation 28(2) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005.