SCHEDULE
Article 2
SCHEDULE
PART I
REPEALS
Reference |
Short title or title |
Extent of repeal |
The whole Act |
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The whole Act |
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Sections 30F to 31A Sections 33 to 40 In section 41(1)– (a) paragraphs (b) and (c), (b) in paragraph (d), sub paragraph (i), and (c) paragraphs (f) and (h) to (m) Section 42B(2)(a) and (b) Sections 46 to 50 Section 93(4) Section 94(3) |
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Schedule 1, Part III |
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Section 24 Section 34(1), (3) and (4) |
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Sections 15 to 19 Schedules 5 and 6 |
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The Tay Road Bridge Confirmation Act 1991 |
Article 16(2) of the Provisional Order contained in the Schedule |
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Article 11(4) of the Provisional Order contained in the Schedule |
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The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 |
In section 28(2)– (a) paragraph (c), and (b) the word “and” immediately preceding that paragraph |
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The Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 |
Section 12(6) |
PART II
REVOCATIONS
Table 1
Reference |
Regulations revoked |
S.I. 1973/1846 |
The Lothians River Purification Board (Peffer Burn West) Control Order 1973 |
S.I. 1983/1182 |
The Control of Pollution (Exemption of Certain Discharges from Control) Order 1983 |
S.I. 1984/864 |
The Control of Pollution (Consents for Discharges) (Notices) Regulations 1984 |
S.I. 1984/865 |
The Control of Pollution (Consents for Discharges) (Secretary of State Functions) Regulations 1984 |
S.I. 1986/1623 |
The Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1986 |
S.I. 1993/1154 |
The Control of Pollution (Exemption of Certain Discharges from Control) (Scotland) Variation Order 1993 |
S.I. 1993/1156 |
The Control of Pollution (Discharges by Islands Councils) (Scotland) Regulations 1993 |
S.I. 1995/2382 |
The Tay River Purification Board (Ordie Burn) Control Order 1995 |
The Control of Pollution (Registers) and (Consents for Discharges) (Secretary of State Functions) Amendment Regulations 2000 |
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The Anti Pollution Works (Scotland) Regulations 2003 |
Table 2
Reference |
Regulations |
Extent of revocation |
S.I. 1993/1155 |
The Control of Pollution (Registers) (Scotland) Regulations 19937 |
Regulations 5 to 8 and 10. In regulation 3(2), omit “subject to regulations 4A(2) and 7(2)”. |
S.I. 1996/973 |
The Environment Act 1995 (Consequential and Transitional Provisions) (Scotland) Regulations 19968 |
Regulation 3. |
S.I. 1999/1750 |
The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 19999 |
In Schedule 2, in the entry for the Control of Pollution Act 1974, omit “36(2B),”. |
PART III
SAVINGS
1. Notwithstanding the repeal of the Rivers (Prevention of Pollution) (Scotland) Act 1951 by this Order, the definition of “tidal waters” contained in section 35(1) of that Act shall continue to have effect, on and after 1st April 2006, as it had effect immediately before that date, for the purposes of section 92(2)(a) of the Agriculture Act 197010and section 151(1) of the Roads (Scotland) Act 198411.
2. Notwithstanding the repeal of section 30F of the 1974 Act by this Order, section 30F(6) shall continue to have effect, on and after 1st April 2006, as it had effect immediately before that date, for the purposes of section 31B(4)(d) of the 1974 Act12.
3. Notwithstanding the repeal of section 31A of the 1974 Act by this Order, the Control of Pollution (Silage Slurry and Agricultural Fuel Oil) (Scotland) Regulations 200313shall continue to have effect, on and after 1st April 2006, as they had effect immediately before that date.
4. Notwithstanding the repeal of section 33 of the 1974 Act by this Order, the 1991 Order shall continue to have effect, and section 33(1), (3) and (4) of the 1974 Act shall continue to have effect for the purposes of that Order, on and after 1st April 2006, as they had effect immediately before that date.
5. Notwithstanding the repeal of sections 47 and 48 of the 1974 Act by this Order, those sections shall continue to have effect, on and after 1st April 2006, as they had effect immediately before that date, in so far as they may have application to, or may be exercisable in relation to, the subject matter of the 1991 Order.
6. Notwithstanding the amendment of section 17 of, and the repeal of Part III of Schedule 1 to, the Water (Scotland) Act 198014by this Order–
(a) those provisions shall continue to have effect, on and after 1st April 2006, as they had effect immediately before that date, in relation to any application for an order to approve an agreement to acquire rights to take water from any stream or other source which has been submitted by Scottish Water under section 17(1) of that Act on or before 31st March 2006; and
(b) all orders made under section 17(1) of that Act, or enactments which by virtue of paragraph 1 of Schedule 9 to that Act, have effect as if done under that section, shall continue to have effect, on and after 1st April 2006, as they had effect immediately before that date.
7. In this Part of the Schedule–
“the 1974 Act” means the Control of Pollution Act 1974; and
“the 1991 Order” means the Control of Pollution (Continuation of Byelaws) (Scotland) Order 199115.
PART IV
AMENDMENTS TO PRIMARY LEGISLATION
1.The Flood Prevention (Scotland) Act 1961
(1) The Flood Prevention (Scotland) Act 196116is amended as follows.
(2) In section 3(3) (supplementary provisions as to powers of local authorities)–
(a)
(a) omit paragraph (c); and
(b)
(b) after paragraph (d) insert–
“; or
(e)
(e) any regulations made under section 20 (regulation of controlled activities) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).”.
2.The Harbours Act 1964
(1) The Harbours Act 196417is amended as follows.
(2) In section 57 (interpretation) in the definition of “river works powers”–
(a)
(a) omit “or by the Rivers (Prevention of Pollution) (Scotland) Act 1951”; and
(b)
(b) omit “and 1951”.
3.The Control of Pollution Act 1974
(1) The Control of Pollution Act 1974 is amended as follows.
(2) In section 30D (general duties to achieve and maintain objectives etc.)18–
(a)
(a) in subsection (1) omit “Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 and of the”; and
(b)
(b) in subsection (2) omit “or the provisions of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965”.
4.The Water (Scotland) Act 1980
(1) The Water (Scotland) Act 198019is amended as follows.
(2) In section 17 (acquisition of water rights)–
(a)
(a) in subsection (1), omit the words from “, but no such agreement” to the end;
(b)
(b) in subsection (3)–
(i) omit paragraph (a) and the following “or”; and
(ii) for “the said Part III” substitute “Part III of Schedule 4”;
(c)
(c) in subsection (4), omit paragraph (a) and the following “or”;
(d)
(d) in subsection (5)–
(i) insert at the beginning “Subject to subsections (5A) and (5B)”; and
(ii) omit the words “agreement or” in both places where they occur;
(e)
(e) after subsection (5), insert–
“5A Before making an order for the compulsory acquisition of water rights, and in considering the matters referred to in subsections (3) to (5), the Scottish Ministers 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...
