Statutory Instrument 1987 No. 1879 (S.130)

The Highland Regional Council (Loch a'Choire Leith) Water Order 1987

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© Crown Copyright 1987

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1987 No. 1879 (S.130)

WATER SUPPLY, SCOTLAND

The Highland Regional Council (Loch a'Choire Leith) Water Order 1987

The Secretary of State, in exercise of the powers conferred on him by sections 17(2), 29(1) and 107(1)(b) 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:

Citation and commencement
    1.    This Order may be cited as the Highland Regional Council (Loch a'Choire Leith) Water Order 1987 and shall come into force on 4th November 1987.

Interpretation
    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 three plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively "The Highland Regional Council (Loch a'Choire Leith) Water Order 1987 Location Plan and Plan of Catchment Area", "The Highland Regional Council (Loch a'Choire Leith) Water Order 1987 Plan and Sections of Work No. 1", and "The Highland Regional Council (Loch a'Choire Leith) Water Order 1987 Plan of Works Nos. 1 and 2", 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 within their limits of supply when they have acquired the necessary lands or sufficient rights therein.

Incorporation and application of provisions of Schedule 4 to the Act
    3.    The provisions of section 2 of Part II and sections 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.

Revocation of Order of 1957
    4.    The County of Ross and Cromarty (Lochcarron) Water Order 1957 shall cease to have effect as from the date on which the Council shall commence to take water by means of the completed works.

Water rights
    5.    Subject to the provisions of this Order the Council may, for the purposes of the undertaking, impound and take water from the reservoir known as Loch a'Choire Leith in the Ross and Cromarty District in the Highland Region.

    6.—(1)  During the construction of the works the Council may take from the said Loch a'Choire Leith such water as they may require for such construction.

    (2)  Commencing not later than 7 days after the date of issue of the preliminary certificate given by the construction engineer in accordance with the Reservoirs Act 1975^[3] stating that water may be impounded within the Loch a'Choire Leith Reservoir (Work No. 2) the Council shall discharge into the Allt A'Bheatha, in a uniform and continuous flow, a minimum quantity of water of 150 cubic metres in any day as measured through or over an approved gauge (part of Work No. 1).

    (3)  After completion of the works, the Council shall not in any day take from the said Loch a'Choire Leith a quantity of water exceeding 550 cubic metres as measured through or over an approved gauge (part of Work No. 4).

    7.    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.

Miscellaneous
    8.    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 one copy of each of the deposited plans.

Alasdair C Paton

Deputy Chief Engineer, Scottish Office
New St Andrew's House, Edinburgh

28th October 1987

[1] 1980 c. 45; section 109(1) contains a definition of "local enactment" relevant to this Order. back

[2] 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 Justice Act 1982 (c. 48) Schedule 6, paragraph 62 and Schedule 15, paragraph 27. back

[3] 1975 c. 23 back

Explanatory Note