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Statutory Instruments
WATER SUPPLY, SCOTLAND
Made
30th May 1990
Coming into force
6th June 1990
The Secretary of State, in exercise of the powers conferred on him by sections 17(2) and 29(1) of the Water (Scotland) Act 1980(1) and of all other powers enabling him in that behalf, on the application of the Highland Regional Council, hereby makes the following Order:
1. This Order may be cited as the Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 and shall come into force on 6th June 1990.
2. In this Order-“
"the Act" means the Water (Scotland) Act 1980;
"approved" means approved by the Secretary of State;
"the Council" means the Highland Regional Council as water authority;
"day" means a period of 24 hours reckoned from midnight;
"deposited plans" means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively "The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plan of Catchment Area" and "The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plans and Sections of Works", one copy of each of which is deposited in the Scottish Office, New St Andrew's House, Edinburgh, and the other in the office of the Chief Executive of the Council at 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 Council for the purposes of the undertaking;
"undertaking" means the water undertaking for the time being of the Council;
"works" means the works described in Schedule 1 to this Order which the Council, 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 plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.
3. The provisions of section 2 of Part II and section 10(3) and (4) of Part III of Schedule 4 to the Act(2) as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
4. Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of an intake (part of Work No. 1), take water from the river known as the River Einig in the Sutherland District in the Highland Region.
5.-(1) During the construction of the works the Council may take from the said River Einig such water as they may require for such construction.
(2) After the completion of the works the Council shall not in any day take from the said River Einig a quantity of water greater than 10 cubic metres as measured through or over an approved gauge (Part of Work No. 3).
6. If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
7. The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of each of the deposited plans.
Alasdair C. Paton
Deputy Chief Engineer, Scottish Office
Scottish Development Department,
27 Perth Street,
Edinburgh
30th May 1990
Article 2
The works referred to in this Order and shown on the deposited plan marked "The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plans and Sections of Works" are-“
Work No. 1 | A pumping chamber and valve chamber at National Grid Reference NC 3852 0015 incorporating an intake with a lowest sill level of 25.18 metres or thereby above ordnance datum, situated at a point 94 metres or thereby west of the bridge over the River Einig at Oykel Bridge. |
Work No. 2 | A pipe extending 15 metres or thereby in a westerly direction from Work No. 1. |
Work No. 3 | A gauging chamber incorporating an approved gauge to measure the quantity of water abstracted, situated at the western end of Work No. 2. |
Article 3
The provisions of Schedule 4 to the Act referred to in, and as modified and adapted for the purposes of, this Order are-“
In the construction of the works the Council may deviate laterally to any extent not exceeding the limits of deviation shown on the deposited plan marked "The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plans and Sections of Works" and they may also deviate vertically from the levels shown on that plan to any extent:
Provided that, except for the purpose of crossing a stream or watercourse, 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 plan.
If the Council-“
(a)fail to install or maintain in good order any such gauge as is mentioned in the Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990, or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or
(b)take any water contrary to the provisions of the Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990,
they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, on summary conviction to a fine not exceeding level 3 on the standard scale and, in the case of an offence under paragraph (b) of this subsection-“
(i)on summary conviction, to a fine not exceeding the statutory maximum; and
(ii)on conviction on indictment, to a fine.
For the purposes of the Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990, a fishery district board shall be deemed to be interested in the flow of water in any stream within their fishery district or any stream feeding such a stream and shall be deemed to be aggrieved by the commission of an offence under the said Order in relation to any such stream.
Section 2 was amended by the Roads (Scotland) Act 1984 (c. 54), Schedule 9, paragraph 81(15)(a); section 10(3) was amended by the Criminal Procedure (Scotland) Act 1975 (c. 21), Schedule 7D, paragraph 62 (as inserted by the Criminal Justice Act 1982 (c. 48) "the 1982 Act", Schedule 6) and Schedule 15, paragraph 27 of the 1982 Act.