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Statutory Instrument 1989 No. 204 (S.21)

The Highland Regional Council (Loch Beannach) Water Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 204 (S.21)

WATER SUPPLY, SCOTLAND

The Highland Regional Council (Loch Beannach) Water Order 1989

Made15th February 1989
Coming into force22nd February 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 (Loch Beannach) Water Order 1989 and shall come into force on 22nd February 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 plans" means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively "The Highland Regional Council (Loch Beannach) Water Order 1989 Location Plan and Plan of Catchment Area" and "The Highland Regional Council (Loch Beannach) Water Order 1989 Plans & Sections of Works", 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 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 plans, propose to construct and maintain or in the case of existing works continue to 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 in so far 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 two intakes (part of Work No. 1), take water from Loch Beannach in the Sutherland District in the Highland Region.
        5.—(1)  During the construction of the works the Council may take from the said Loch Beannach such water as they may require for such construction.

        (2)  After the completion of the works the Council shall—

      (a)  in any day take from the said Loch Beannach sufficient water which, when discharged from Work No. 5 into the unnamed burn flowing south-westwards from the south-west side of the said Loch Beannach, will ensure a uniform and continuous flow of not less than 500 cubic metres in the said burn, measured through or over an approved gauge (part of Work No. 3);

      (b)  in any day take into supply from the said Loch Beannach an additional quantity of water not greater than 900 cubic metres as measured through or over an approved gauge (part of Work No. 4).

        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.



Alasdair C Paton

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

5th February 1989




Notes:

[1] 1980 c. 45

[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.

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