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SCOTTISH STATUTORY INSTRUMENTS
2000 No. 294
WATER SUPPLY
The West of Scotland Water Authority (Craighouse, Abhainn a'Mhinisteir) Water Order 2000
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Made |
21st August 2000 | |
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Coming into force in accordance with Article 1 |
The Scottish Ministers, in exercise of the powers conferred upon themby sections 17(2), 29(1) and 107(1)(b) of the Water (Scotland) Act 1980
and of all other powers enabling them in that behalf, on theapplication of the West of Scotland Water Authority, hereby make thefollowing Order:
Citation and commencement
1.
- (1) This Order may be cited as the West of Scotland Water Authority(Craighouse, Abhainn a' Mhinisteir) Water Order 2000 and, subject toparagraph (2), shall come into force on 28th August 2000.
(2) Article 8 shall come into force on 28th August 2002.
Interpretation
2.
In this Order-
"the Act" means the Water (Scotland) Act 1980;
"approved" means approved by the Scottish Ministers;
"the Authority" means the West of Scotland Water Authorityestablished under section 62 of the Local Government etc. (Scotland) Act1994[1];
"day" means a period of 24 hours reckoned from midnight;
"deposited plan" means the plans, prepared in duplicate, docketedand signed as relative to this Order and marked "Craighouse WaterTreatment Works Water Order - Sheet 1 of 2, Location Plan, CatchmentArea Plan and Locality Plan" and "Craighouse Water Treatment WorksWater Order - Sheet 2 of 2, Layout plan, Intake Structure Plan andCross Sections" one copy of each of which is deposited in the office ofthe Scottish Executive, Victoria Quay, Edinburgh, and the other in theoffice of the Chief Executive of the Authority at 419 Balmore Road,Glasgow, G22 6NU;
"gauge" includes a gauge, weir or other apparatus for measuringthe flow of water;
"intake" includes any work by which water is taken by theAuthority for the purposes of the undertaking;
"undertaking" means the water undertaking for the time being ofthe Authority;
"works" means the works described in Schedule 1 to this Order,which the Authority, in exercise of the powers conferred on them by section21 of the Act[2], and in the lines and situations and accordingto the general dimensions shown on the deposited plan, propose to constructand maintain for the purpose of providing a supply of water when they haveacquired the necessary land or sufficient rights therein.
Incorporation and application of the provisions of Schedule 4 to the Act
3.
The provisions of section 10(3) of Schedule 4 to the Act
, modified and adapted to read as set out in Schedule 2 to thisOrder, shall apply to the undertaking in so far as affected by theprovisions of this Order, and the terms used in the provisions of thatsection, as so modified and adapted, which are defined in this Order, shallhave the same meaning as in this Order.
Water rights
4.
Subject to the provisions of this Order, the Authority may, for thepurposes of the undertaking, take water from the river known as Abhainn a'Mhinisteir, in the Argyll and Bute Council area, by means of the intakestructure of the works.
5.
- (1) During the construction of the works the Authority may take from thesaid Abhainn a' Mhinisteir such water as they may require for suchconstruction.
(2) After completion of the works, the Authority may take from the saidAbhainn a' Mhinisteir, in any day, a quantity of water not exceeding 123cubic metres, as measured and recorded by an approved gauge (part of WorksNo. 1), at a rate not exceeding 86 litres per minute.
(3) After completion of the works, the Authority may not take water fromthe Abhainn a' Mhinisteir so as to reduce the rate of flow below 473 cubicmetres in any day as measured by an approved gauge (part of Works No. 1).
6.
If the power to take water conferred by this Order has not beenexercised by 28th August 2010 the said power shall cease.
Miscellaneous
7.
The Authority shall at all times after 28th February 2001 keep at theoffice of the Chief Executive to the Authority a copy of this Order and acopy of the deposited plan.
Revocation of Order of 1953
8.
The Argyll County Council (Abhuinn a' Mhullin) Water Order 1953
is hereby revoked. MIKE NEILSON
A member of the staff of the Scottish Ministers
Victoria Quay, Edinburgh
21st August 2000
SCHEDULE 1Article 2
The works referred to in this Order and shown on the deposited planare:-
Works No. 1 |
An intake structure incorporating an arrangement of weirs to limitabstraction from the river such that a supply is taken only when the streamflow exceeds the specified residual flow rate and to ensure that themaximum rate of abstraction is not exceeded. It also includes an approvedgauge to measure and record the compensation water taken from the river. |
Works No. 2 |
A raw water main from the intake on Abhainn a' Mhinisteir to the newTreatment Works. |
Works No. 3 |
A Treatment Works containing an approved gauge and instrumentation tomeasure and record the amount of water taken from the intake. |
Works No. 4 |
A bankside storage reservoir for raw water. |
SCHEDULE 2Article 3
The modifications and adaptations of Schedule 4 to the Act referred toin Article 3 of this Order are-
Section 10(3)
"
If the West of Scotland Water Authority-
(a) fail to construct or maintain in good order any such gauge as ismentioned in the West of Scotland Water Authority (Craighouse, Abhainn a'Mhinisteir) Water Order 2000, or refuse to allow any person interested toinspect and examine any such gauge or any records made thereby or kept bythem in connection therewith or to take copies of any such records; or
(b) take any water contrary to the provisions of the West of Scotland WaterAuthority (Craighouse, Abhainn a' Mhinisteir) Water Order 2000,
they shall, without prejudice to their civil liability, if any, to aperson aggrieved, be liable, in the case of an offence under paragraph (a)of this subsection, on summary conviction to a fine not exceeding level 3on the standard scale and, in the case of an offence under paragraph (b) ofthis subsection-
(i) on summary conviction, to a fine not exceeding the statutory maximum; and
(ii) on conviction on indictment, to a fine.".
[1]
1994 c.39.back
[2]
Section 21 was substituted by the Local Government etc.(Scotland) Act 1994, section 108.back
ISBN
0110594460
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