- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Water Supplies (Scotland) Amendment Regulations 2022 No. 387
Draft Regulations laid before the Scottish Parliament under section 5(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.
Draft Scottish Statutory Instruments
Water Supply
Made
2022
Coming into force
1st January 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 76B, 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980(1), section 1(1) of UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021(2) (“the 2021 Act”), and all other powers enabling them to do so(3).
In accordance with section 5(2) of the 2021 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1980 c. 45. Sections 76B and 76J were inserted by section 168 and schedule 22 of the Water Act 1989 (c. 15). Section 76B was amended by section 56 of Food Safety Act 1990 (c. 16) and paragraph 50 of schedule 6 of the Water Industry (Scotland) Act 2002 (asp 3). Section 76J was amended by paragraph 119(45) of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c. 39). Section 101(1A) was inserted by section 27(1) and paragraph 9(5) of schedule 10 of the Natural Heritage (Scotland) Act 1991 (c. 28). The definition of “prescribed” in section 109(1) was amended by paragraph 38(f) of schedule 11 of the Local Government Finance Act 1992 (c. 14). The functions conferred on the Secretary of State under sections 76B, 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 are, so far as they are exercisable within devolved competence, exercisable by the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.
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Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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