Statutory Instrument 1992 No. 30 (S.2)

The Highland Regional Council (Kilfinnan Burn) Water Order 1992

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© Crown Copyright 1992

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1992 No. 30 (S.2)

WATER SUPPLY, SCOTLAND

The Highland Regional Council (Kilfinnan Burn) Water Order 1992

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 (Kilfinnan Burn) Water Order 1992 and shall come into force on 15th January 1992.

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 two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively "The Highland Regional Council (Kilfinnan Burn) Water Order 1992 Plan of Catchment Area" and "The Highland Regional Council (Kilfinnan Burn) Water Order 1992 Location Plan and Plans and Sections of Works Nos.1, 2, 3, 4 and 5", 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 land or sufficient rights therein.

Incorporation and application of provisions of Schedule 4 to the Act
    3.    The provisions of sections 2 and 10(3) and (4) of Schedule 4 to the Act^[2], modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in those provisions, as so modified and adapted, which are defined in this Order, shall have the same meaning as in 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 pipe (Work No.5), take water from the stream known as the Kilfinnan Burn in the Lochaber District of the Highland Region.

    5.—(1)  During the construction of the works the Council may take from the said Kilfinnan Burn such water as they may require for such construction.

    (2)  After the completion of the works the Council shall not—
 (a) take water from the said Kilfinnan Burn through the supply pipe (Work No.4) so as to reduce the rate of flow of water through the discharge pipe (Work No.3) below 170 cubic metres per day as measured through or over an approved gauge (part of Work No.2);
 (b) in any one day take from the said Kilfinnan Burn through the supply pipe (Work No.4) a quantity of water greater than 250 cubic metres 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 each of the deposited plans.

T. D. Macdonald

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

8th January 1992

[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 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. back

Explanatory Note