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The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1], and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Urban Waste Water Treatment (Scotland) Amendment Regulations 2003 and shall come into force on 27th June 2003. (2) These Regulations extend to Scotland only. (3) In these Regulations-
and any word or expression used in the principal Regulations shall have the same meaning as it has in those Regulations.
(b) that any area of water not previously identified as a sensitive area or as a high natural dispersion area should be identified as such,
they shall give notice in writing to SEPA informing SEPA of their decision and the date on which it takes effect.
(ii) on their website;
(b) ensure that revised maps are deposited with SEPA-
(ii) indicating the date on which the decision takes effect; and
(c) take such other steps as they consider appropriate to publicise their decision.
(3) A decision on a review under regulation 3(2) of the principal Regulations takes effect on the date stated in the notice given under paragraph (1) above in respect of that review and shall continue in force until such time a decision following a subsequent review takes effect.
(b) gives the dates on which any area of water was identified as a sensitive area or high natural dispersion area, or ceased to be so identified.
(2) SEPA shall keep available at its principal office and at each of its principal regional offices, at all reasonable times, for inspection by the public free of charge-
(b) the information mentioned in paragraph (1)(b) above.
Consequential amendments (This note is not part of the Regulations) These Regulations amend the Urban Waste Water Treatment (Scotland) Regulations 1994, ("the principal Regulations") which implement Council Directive 91/271/EEC concerning urban waste water treatment ("the Directive"). The principal Regulations, amongst other matters, require the Scottish Ministers to keep under review the identification of "sensitive areas" and "high natural dispersion areas" which are areas of water defined in accordance with specified criteria. The functions of the Secretary of State in respect of the Directive were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46). Regulation 2, requires the Scottish Ministers to publicise the decision taken on a review by doing the following:
(b) publishing the notice in the Edinburgh Gazette and on their website; (c) ensuring that maps reflecting the decision are deposited with SEPA; and (d) taking such other steps as it considers appropriate to publicise the decision.
Regulation 2(3) specifies that the decision takes effect on the date specified in the notice of the Scottish Ministers and continues in force until any subsequent decision takes effect. Notes: [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back [2] S.I. 1994/2842, as amended by S.I. 1996/973, paragraph 19 of the Schedule.back
ISBN 0 11062346 0
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