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Statutory Instrument 1990 No. 715 (S.88)

The Highland Regional Council (Loch Lannsaidh) Water Order 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 715 (S.88)

WATER SUPPLY, SCOTLAND

The Highland Regional Council (Loch Lannsaidh) Water Order 1990

Made23rd March 1990
Coming into force30th March 1990

    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 Lannsaidh) Water Order 1990 and shall come into force on 30th March 1990.
    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 Lannsaidh) Water Order 1990 Plan of Catchment Area" and "The Highland Regional Council (Loch Lannsaidh) Water Order 1990 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 in 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 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 Part II and section 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 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 a dam (Work No. 2), impound the waters of Loch Lannsaidh (Work No. 1) and by means of intakes (Work No. 3 and part of Work No. 5) take water from the said Loch Lannsaidh in the Sutherland District of the Highland Region.
        5.—(1)  During the construction of the works the Council may take from the said Loch Lannsaidh such water as they may require for such construction.

        (2)  After the completion of the works-
       (a) the Council shall discharge from the said Loch Lannsaidh into the Allt Loch Lannsaidh by means of Work No. 8 a quantity of water not less than 227 cubic metres every day in a uniform and continuous flow as measured through or over an approved gauge (Work No. 4); and
       (b) the Council shall not in any one day take from the said Loch Lannsaidh a quantity of water greater than 2,100 cubic metres as measured through or over approved gauges (Work No. 7 and part of Work No. 6).

        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 one copy of each of the deposited plans.



Alasdair C. Paton

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

23rd March 1990




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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