Statutory Instrument 1989 No. 1923 (S.136)

The Highland Regional Council (Allt Bail'an Tuim Bhuidhe) Water Order 1989

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1989 No. 1923 (S.136)

WATER SUPPLY, SCOTLAND

The Highland Regional Council (Allt Bail'an Tuim Bhuidhe) Water Order 1989

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:

Citation and commencement
    1.    This Order may be cited as the Highland Regional Council (Allt Bail'an Tuim Bhuidhe) Water Order 1989 and shall come into force on 20th October 1989.

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 plan" means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked "The Highland Regional Council (Allt Bail'an Tuim Bhuidhe) Water Order 1989 Plans and Sections of Works and Plan of Catchment Area", one copy 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 purpose 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 plan, 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.

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 insofar as affected by the provisions of this Order.

Water rights
    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. 3), take water from the stream known as the Allt Bail'an Tuim Bhuidhe in the Inverness District of the Highland Region.

    5.—(1)  During the construction of the works, the Council may take from the said Allt Bail'an Tuim Bhuidhe such water as they may require for such construction.

    (2)  After completion of the works the Council shall not—


(a)  take any water into supply from the said Allt Bail'an Tuim Bhuidhe through a chamber (Work No.2) so as to reduce the rate of flow through the discharge pipe (Work No.4) below 90 cubic metres per day as measured through or over an approved gauge (part of Work No.2);


(b)  in any one day take into supply from the said Allt Bail'an Tuim Bhuidhe through a chamber (Work No.2) a quantity of water greater than 50 cubic metres per day as measured through or over an approved gauge (part of Work No. 2).

    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.

Miscellaneous
    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 the deposited plan.

Alasdair C Paton

Deputy Chief Engineer, Scottish Office
Scottish Development Department, 27 Perth Street, Edinburgh

13th October 1989

[1] 1980 c. 45 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

Explanatory Note