SL/S3/07/07/A
SUBORDINATE LEGISLATION COMMITTEE
AGENDA
7th Meeting, 2007 (Session 3)
Tuesday 2 October 2007
The Committee will meet at 2.15 pm in Committee Room 4.
1. Decision on taking business in private: The Committee will consider whether to take agenda item 5 in private.
2. Scottish Government responses: The Committee will consider the Scottish Government’s responses in relation to the following—
The University of the West of Scotland Order of Council 2007 (SSI 2007/426)
The Surface Waters (Shellfish) (Classification) (Scotland) Amendment Regulations 2007 (SSI 2007/427)
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2007 (SSI 2007/428).
3. Draft instruments subject to approval: The Committee will consider the following—
The Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007, (SSI 2007/draft)
The Fundable Bodies (Scotland) (No. 2) Order 2007, (SSI 2007/draft).
4. Instruments subject to annulment: The Committee will consider the following—
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007, (SSI 2007/435)
The Less Favoured Area Support Scheme (Scotland) Regulations 2007, (SSI 2007/439)
The Civil Legal Aid (Scotland) (Fees) Amendment (No. 3) Regulations 2007, (SSI 2007/438)
The Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007, (SSI 2007/436).
5. Work progamme: The Committee will consider its work programme.
Gillian Baxendine Clerk to the Committee Tel: 0131 348 5175
The following papers are relevant to this meeting:
Agenda items 1 - 3
Legal brief (Private) SL/S3/07/07/1
Summary of recommendations SL/S3/07/07/2
Agenda Item 2
Scottish Government responses SL/S3/07/07/3 Associated documents
Agenda Item 6
Paper on the Committee’s work programme (circulated to Members only)
SL/S3/07/07/2
SUBORDINATE LEGISLATION COMMITTEE
7th Meeting, 2007 (Session 3)
Tuesday 2 October 2007
Summary of Recommendations
The Committee will be invited to consider the following recommendations in relation to Scottish Statutory Instruments under consideration at today’s meeting. Decisions are a matter for the Committee.
Agenda Item 2 Scottish Government responses
The University of the West of Scotland Order of Council 2007 (SSI 2007/426)
The Committee may wish to draw the attention of the lead Committee and Parliament to this instrument on the following grounds –
(a) a failure to follow normal drafting practice in relation to the typographical error of placing inverted commas around the defined terms in article 3(a) and 3(b), which error has been acknowledged by the Scottish Government and which it is moving to correct;
(b) a failure to follow normal drafting practice by not explicitly clarifying the date specified was within the period specified in article 4(3); and
(c) if it is satisfied with the explanation given, that further information was sought and provided by the Scottish Government on the use of the term “governing body” in article 6 and that the Committee it is satisfied with the explanation.
The Surface Waters (Shellfish) (Classification) (Scotland) Amendment Regulations 2007 (SSI 2007/427)
The Committee may wish to draw the attention of the lead Committee and the Parliament to this instrument on the grounds that the Committee sought and received information from the Scottish Government which the Committee considered comprehensive and very helpful, and with which it is satisfied.
1
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No.3) Regulations 2007 (SSI 2007/428)
The Committee may wish to draw this instrument to the attention of the lead Committee and Parliament on the following grounds -
(a) that, in relation to the failure to provide a definition of the term ‘official veterinarian’, its form or meaning could be clearer (Point (a));
(b) that the Scottish Government has advised that one error pointed out by the Committee was not contained in the signed version of the instrument (Point (b)); and
(c) that, in relation to an erroneous cross-reference in regulation 11 and in relation to ungrammatical wording in regulations 14(3)(b) and 21(4), its form or meaning could be clearer. The errors have been acknowledged by the Scottish Government and are to be corrected at the earliest possible opportunity (Point (c)).
Agenda Item 3 Draft instruments subject to approval
The Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007 (draft)
The Committee may wish to ask the Scottish Government the following––
(1) as regards Article 2(2), given that “and” occurs twice in Article 2(a) of the principal Order, which occurrence is being referred to and why it was not made clearer;
(2) for clarification as to the status of the Scottish Agricultural College as a “Central Institution” with regard to the drafting approach adopted of not including it within the Schedule to the principal Order; and
(3) whether any bodies other than those mentioned in the Executive Note were consulted during the preparation of this instrument.
The Fundable Bodies (Scotland) (No.2) Order 2007 (draft)
The Committee may wish to consider whether it is content with this instrument, and to raise a minor point with the Scottish Government informally.
2
Agenda Item 4 Instruments subject to annulment
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (SSI 2007/435)
The Committee may wish to ask the Scottish Government to clarify the relevance of “17th July 1980” in paragraph 5(2) of Schedule 4 to the instrument given that the date of publication of Council Directive 80/777/EEC is 30 August 1980.
The Committee may also wish to raise minor points with the Scottish Government informally.
The Less Favoured Area Support Scheme (Scotland) Regulations 2007, (SSI 2007/439)
The Committee may wish to consider asking the Scottish Government the following –
(1) for clarification of the basis for its view that the enabling power is available for making this instrument, given that the right to funding from the European Commission is conditional upon their approval being granted;
(2) in the event of approval not being granted, or not being granted in time for payments to be made under the scheme, for clarification of the other powers which will be relied on for the operation of the scheme;
(3) to clarify whether, had time constraints permitted, this instrument would have been made subject to draft affirmative procedure; and
(4) to explain (i) whether it would have been possible to submit the SRDP to the Commission in advance of 20th June 2007 and if so, why that was not done and (ii) given that the Government was aware of the 6 month timescale for approval and this instrument is being made in advance of approval, why it could not have been made in compliance with the 21 day rule.
The Civil Legal Aid (Scotland) (Fees) Amendment (No.3) Regulations 2007 (SSI 2007/438)
The Committee may wish to consider whether it is content with this instrument, and to raise minor points with the Scottish Government informally.
The Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007 (SSI 2007/436)
The Committee may wish to consider whether it is content with this instrument.
3
4
SL/S3/07/07/3
SUBORDINATE LEGISLATION COMMITTEE
7th Meeting, 2007 (Session 3)
Tuesday 2 October 2007
Scottish Government Responses
The University of the West of Scotland Order of Council 2007 (SSI 2007/426) (“2007 Order”)
1. On 25 September 2007 the Committee asked the Scottish Government for––
(a) an explanation of why the defined terms the “University of Paisley” and the “Court of the University of Paisley” are within inverted commas in article 3(a) and 3(b);
(b) its views on the reference to “until 29th November 2007” in article 4(3) and whether it would be clearer to have referred to “30th November 2007” or to “the end of 29th November 2007”; and
(c) an explanation of why the term “the governing body” is used in article 6 instead of the defined term the “Court of the University of Paisley.”
The Scottish Government responds as follows––
(a) we are grateful to the Committee for bringing these typographical errors to our attention and undertake to instruct a correction slip to remove the inverted commas from those definitions in article 3(a) and (b);
(b) we are grateful to the Committee for commenting on alternative ways to clarify the last date when the old name should be used; however, we consider that, “until 29th November 2007” is sufficiently clear as it can be construed as up to and including that date as opposed to “before” which is clearly exclusive of any date which follows it and additionally, when those words are read in context, in article 3 of the University of Paisley (Scotland) Order of Council 1993, paragraph (3) as inserted by the 2007 Order contains the words “on or after 30th November 2007” which makes it clear that the old name ceases to be used immediately before that date; and
(c) the powers to make the Order of Council are contained in the Further and Higher Education (Scotland) Act 1992 and the term “governing body” is defined in section 56(1) of that Act; therefore, this term was used in article 6 to confirm the saving of corporate body status without the need to refer to either any of the old or new names of the governing body.
1 The Surface Waters (Shellfish) (Classification) (Scotland) Amendment Regulations 2007 (SSI 2007/427)
1. On 25th September the Committee asked the Scottish Government for––
(a) a copy of the Surface Waters (Shellfish) (Scotland) Directions 2006 referred to in the Executive Note accompanying these Regulations;
(b) confirmation of the measures by which the following provisions of Directive 2006/113/EC of the European Parliament and of the Council of 12th December 2006 on the quality required of shellfish waters have been transposed––
(i) the requirement in the second sentence of Article 3.1 that the comments in column G of Annex 1 to the Directive are complied with;
(ii) the requirement in Article 3.2 that the member state shall endeavour to observe the values in column G, taking into account the principle set out in Article 8;
(iii) Article 3.3;
(iv) the requirement in Article 7.1 that the comments in column G of Annex I be applied when assessing the quality of designated waters;
(v) the requirement in Article 7.2 that the comments in column G of Annex I be applied when assessing when a value has not been met;
(vi) Article 8; and
(vii) entries 2 (temperature), 10 (faecal coliforms) and 12 (saxitoxin) in Annex I to the Directive, and the column in that Annex relating to G values.”
The Scottish Government responds as follows––
Question (a)
2. The reference to the “Surface Waters (Shellfish) (Scotland) Directions 2006” in the Executive Note is erroneous; the reference should have read as reference to “Surface Waters (Shellfish) (Classification) (Scotland) Direction 2006”; a copy of this direction is enclosed with this letter.
Question (b)(i)
3. The Scottish Government intends to transpose the requirement in the second sentence of Article 3.1, that the comments in column G of Annex 1 to the Directive are complied with, through use of directions which will make reference to the 1997 regulations. The Scottish Government will not make such directions until the amendments to the 1997 regulations have been scrutinised by the Scottish Parliament.
2 4. The directions will be made under section 40 of the Environment Act 1995 and will largely take the form of the current directions which transposed the Directive which has been revoked by Directive 2006/113/EC (Council Directive 79/923/EEC). The current directions, (the “Surface Waters (Shellfish) (Scotland) Directions 1997”) are enclosed with this letter; paragraph 2(1), together with the Schedule attached to them, directs the Scottish Environment Protection Agency to endeavour to observe the guideline values and comments of Directive 79/923/EEC. The new directions, while broadly restating the provisions in the current directions, will be altered to direct that the Scottish Environment Protection Agency shall comply with the comments of directive 2006/113/EC.
Question (b)(ii)
5. As stated above in the answer to question (b)(i), the Scottish Government will make directions to replace the Surface Waters (Shellfish) (Scotland) Directions 1997. These directions will also ensure transposition of the requirement in Article 3.2 broadly through a restatement of the provisions of paragraph 2(1) of, and the schedule attached to, the current Surface Waters (Shellfish) (Scotland) Directions 1997.
Question (b)(iii)
6. Article 3.3 requires that––
“For discharges of effluents falling within parameters ‘organohalogenated substances’ and ‘metals’, the emission standards laid down by the member states pursuant to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by the certain dangerous substances discharged into the water environment of the Community shall be applied at the same time as the quality objectives and the other obligations arising from this Directive and in particular those relating to sampling.”
7. Directive 2006/11/EC repealed Directive 76/464/EEC, but provided that all references in other European legislation to that repealed directive be read as references to 2006/11/EC.
8. The emission standards laid down by the member states pursuant to Directive 2006/11/EC for discharges of effluents are those standards set out by the member states in response to Council Directive 82/176/EEC, Council Directive 83/513/EEC, Council Directive 84/156/EEC, Council Directive 84/491/EEC and Council Directive 86/280/EEC, all of which were made pursuant to Directive 76/464/EEC.
9. Directive 76/464/EEC (now read as 2006/11/EC), together with Directives 82/176/EEC, 83/513/EEC, 84/156/EEC 84/491/EEC and 86/280/EEC, was transposed by the United Kingdom government into the law of Scotland through the Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990 (S.I. 1990/126), and through directions issued to the River Purification Authorities by the Secretary of State issued on 30th April 1990. S.I. 1990/126 and the attendant directions are enclosed in this letter. Directions given to the River Purification Authorities continue to bind SEPA as successor organisation through the operation of section 55(3) Environment Act 1995.
3 10. The directions state at paragraph 2(a)(ii) that, in performing its duty under paragraph 1(b) (the carrying out of monitoring procedures as are necessary to comply with the Directives 82/176/EEC, 83/513/EEC, 84/156/EEC 84/491/EEC and 86/280/EEC), SEPA shall––
“establish whether, in respect of those substances in relation to which the relevant council Directive requires a concentration in the aquatic environment and/or sediments and/or molluscs and/or shellfish and/or fish that does not increase significantly with time, the relevant requirement is satisfied;”
11. Article 3.3 is therefore in our view transposed fully in this way.
Question (b)(iv)
12. As stated above in the answer to question (b)(i), the Scottish Government will make directions to replace the Surface Waters (Shellfish) (Scotland) Directions 1997. These directions shall also ensure transposition of the requirement in Article 7.1 broadly through a restatement of the provisions of paragraph 5(3) of, and the schedule attached to, the current Surface Waters (Shellfish) (Scotland) Directions 1997.
Question (b)(v)
13. While the Committee has asked the above question with reference to Article 7.2, the Scottish Government would suggest that the Committee’s question refers instead to Article 7.3. If this is not the case, then the Scottish Government would be happy to answer any further questions as the Committee may have in relation to the transposition of Article 7.2.
14. The provisions of Article 7.3 relate to the application of the comments in column G of Annex I being applied when a value has not been met. As stated above in the answer to question (b)(i), the Scottish Government will make directions to replace the Surface Waters (Shellfish) (Scotland) Directions 1997. These directions will also ensure transposition of the requirement in Article 7.3 broadly through a restatement of the provisions of paragraph 5(5) of the current Surface Waters (Shellfish) (Scotland) Directions 1997.
Question (b)(vi)
15. As stated above in the answer to question (b)(i), the Scottish Government will make directions to replace the Surface Waters (Shellfish) (Scotland) Directions 1997. These directions shall also ensure transposition of the requirement in Article 8 broadly through a restatement of the provisions of paragraph 3 of the current Surface Waters (Shellfish) (Scotland) Directions 1997, with the appropriate reference to Directive 2006/113/EC substituted for Directive 79/923/EEC.
Question (b)(vii)
16. The entries relative to temperature and faecal coliforms relate to G values only. The entry relative to saxitoxin is blank. As stated above in the answer to question (b)(i), the Scottish Government will make directions to replace the Surface Waters (Shellfish)
4 (Scotland) Directions 1997. These directions will also ensure transposition of the requirements in entries 2 (temperature) and 10 (faecal coliforms) in Annex I relative to the G values through the restatement of the provisions in the schedule which relate to entry 2 and 10 with the appropriate reference to Directive 2006/113/EC substituted for Directive 79/923/EEC. Given the entry for saxitoxin contains no comments or values the Scottish Government is of the view that no action is required at present to transpose this entry.
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2007 SSI/2007/428
1. On 4 September 2007 the Scottish Government was asked for an explanation of the following matters––
(a) given that the words are not defined in these Regulations nor used in Commission Decision 2007/554/EC, what is the meaning of ‘official veterinarian’ in regulations 6(4) and 9(3); (b) given the erroneous cross-reference to ‘regulation 66(a) and (b)’ in regulation 9(2)(c)(i), what the cross-reference should be; (c) to clarify whether the various erroneous cross-references in regulation 11, should in fact be references to the relevant provisions of regulation 10 (rather than regulation 9); (d) given that the wording of regulation 14 (3)(b) does not appear to make grammatical sense, to clarify the meaning of this; (e) whether in regulation 21(4), the words ‘the owner’ where they appear in line 2 are additional words which should not be there.”.
The Scottish Government responds as follows––
The first question
2. ‘Official veterinarian’ is defined as the ‘veterinarian appointed by the competent authority’ in point 7 of Article 2 of Council Directive 1990/425/EEC, concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market.
3. Commission Decision 2007/554/EC also relates to trade in live animals, and the Scottish Government is therefore of the view that use of the term ‘official veterinarian’ (although not defined) has the same legal effect as in that Directive.
4. The Scottish Ministers are the competent authority for the purposes of both the Directive and these Regulations. The veterinarians appointed by them for the purposes of the Directive (and many other purposes) are known as ‘veterinary inspectors’, as defined in section 89(1) of the Animal Health Act 1981.
5. The meaning of the term ‘official veterinarian’ is therefore a veterinary inspector appointed by the Scottish Ministers.
5 The second question
6. The correct reference to ‘regulation 6(2)(a) and (b)’ appears in regulation 9(2)(c)(i) of the signed version of the instrument.
7. The signed version does not therefore contain the error identified by the Committee. The Scottish Government regrets the confusion caused by sending an inaccurate copy of the instrument to the Committee version, and will ensure that the published version of the instrument contains the correct cross-reference.
8. The Scottish Government explains that the instrument had to be made quickly in order to meet a demanding transposition deadline. It was not possible to carry out all the usual office checks in the time available, and it is thought that this is why the wrong version was sent to the Committee.
The third question
9. In regulation 11 the references to regulation 9 should be to regulation 10. The Scottish Government regrets this error, which will be corrected at the first opportunity.
10. That is likely to be in the near future as the Commission have agreed to amend Commission Decision 2007/554/EC, and are expected to adopt an amending Decision in the next few days. That amending Decision will need immediate transposition.
The fourth question
11. In regulation 14(3) the words “which have been subjected to” in sub-paragraph (b) should have been inserted at the beginning of sub-paragraph (b)(i). The Scottish Government regrets this error, which will be corrected at the first opportunity as above.
The fifth question
12. The words ‘the owner’ where they appear in line 2 are not needed. The Scottish Government regrets this error, which will be corrected as above.
6 THE SURFACE WATERS (SHELLFISH) (CLASSIFICATION) (SCOTLAND) DIRECTION 2006
The Scottish Ministers~in exercise of the powers conferred by section 40 of the Environment Act 1995(a) and of all other powers enabling them in that behalf, having carried out consultation with the Scottish Environment Protection Agency (hereinafter referred to as "SEPA") as required by section 40(6) of that Act, hereby give SEPA the following direction:
Citation and commencement
1. This Direction may be cited as the Surface Waters (Shellfish) (Classification) (Scotland) Direction 2006 and shall come into force on 29 March 2006.
Waters to be treated as classified under the Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997
2. SEPA shall treat the waters specified in Schedule 1 to this Direction as waters classified under the Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997(b).
Revocation of previous Directions
3. The Directions specified in Schedule 2 to this Direction are revoked.
This Direction is subscribed as follows:
It is signed by Robert Irvine, Head of Water Division, Scottish Executive Environment and Rural Affairs Department (SEERAD), The Scottish Executive, Victoria Quay, at Edinburgh on 29 March 2006.
Full name ofwiiness: FIONA MARGARET WATT .
Address ofwiiness: 1- H VICTORIA QUAY, EDINBURGH EH6 6QQ.
(a) 1995 c.25. The functions of the Secretary of State, so far as within devolved --c.ompetence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). (b)SJ.1997/2470. This is Schedule 1 as referred to in the Surface Waters (Shellfish) (Classification) (Scotland) Direction 2006
SCHEDULE 1 Paragraph 2
Classified Waters Description Arbroath An area bounded by the coast and a line from N06699841777' (Dei!' s Heid) generally south to a point N06690040800 then south-west to a point N06270038700 and then north-west to meet the coast at NO 6219839305 (mouth of the Elliot Water) and extending to MHWS.
St Andrew's to Fife An area bounded by the coast and a line from N05134716847 (St Ness Andrew's Castle) generally north-east to a point N05200017700 and then south-east to a point N05990014900 lying about 1krn off Babbet Ness artd thence to a point N06480009700 and then west for 1krn to N06365809814 (Fife Ness) and extending to MHWS.
Fife Ness to EIie An area bounded by the coast and a line from N06365809814 (Fife Ness) east for 1krn to a point N06480009700 and thence south-west VIa a point N05690002100 (about 1krn off Billow Ness) to a point NT5030098700 and thence north-west to rejoin the coast NT4967399327 (Elie Ness) and extending to MHWS.
North Berwick to An area bounded· by the coast and a line from a point on the coast at Dunbar NT5700085509 north to a point NT5700086600 and then east and south to a point NT5980086300, thence south-east to a point NT6880080 100 and rejoining the coast at NT6814779413 (Dunbar) and extending to MHWS.
Loch Ryan An area compnsmg the waters of Loc;h Rya.I1lying south of a line from NX0181973675 (Milleur Point) to NX0454074091 (Finnarts Point) and extending to MHWS.
Ayrshire Coast An area bounded by the coast and a line from a point at NS1783948444 (Farland Head) to point NS2104143938 and thence to the coast at NS2197744291 (Montfode) and extending to MHWS.
Kyles of Bute An area comprising the waters lying generally north of the Isle of Bute, bounded on the west by a line from NR9937363899 (Ardlamont Point) to NS0254966033 (Ki!davanan Point) and in the east by a line from NS0749969693 (Ardmaleish Point) to NS0769771477 (Strone Point) and extending to MHWS.
Loch Fyne Coastal An area comprising the waters of Loch Fyne bounded by the MHWS Strip and a line 100 metres seaward of MLWS, extending froni NR9129957344 (Skipness Point) to NR9937363899 (Ardlamont Point) excluding from NR8515784002 to NR8772583895 (Loch Gi!p) and from NN0890307296 toNN1037709624 (Inveraray). Lochs Long and Goil An area comprising the waters of Lochs Long and Goil bounded by MHWS and a line 100m seaward of MLWS extending from NS1937984627 (Gairletter Point) to NS2490996386 (Glenmallan), but excluding between NN1920901090 and NS2024199955 (Lochgoilhead) and between NN28521 03858 and NN2886103178 (Arrochar).
Broadford Bay and An area bounded by lines drawn between the points NG 6300026011 Kyle Area and NG6300028113 (Scalpay) and between NG6368131 000 and NG654913 1000 (Longay) and between NG6598830734 and NG 6699827506 (Pabay) and between NG6778427797 (pabay) and NG 7545029008 (Badicaul) and between NG7567528376 and NG74066 26548 and between NG6665724000 and NG6422624000 and extending to MHWS.
Loch Etive An area bounded by a line drawn between the points NM9300035096 and NM9300034365 and extending to MHWS.
Seil, Ardencaple An area bounded by the line drawn between the points NM7641220322 and NM7811720049 and extending to MHWS.
Loch Spelve An area to the west of a line drawn between NM7100027924 and NM7100027383 and extending to MHWS.
Jura (Small Isles) An area bounded by lines drawn between the points NR5420069000 (Pladda) and NR5450069500 and between NR5450069500 and NR5500069000, and between NR5500069000 and NR5450068700 (Eilean nan Coinein), and between NR5450068700 and NR54200 69000 and extending to MHWS.
Jura (Lowlandman's An area inshore of a line drawn between the points NR5646471638 Bay) (Sron Garbh) and NR5695671934 (Rubh 'an Leim) and extending to MHWS.
Cromarty Bay An area inshore of a line drawn between the point NH71 01667000 and NH7783267000, and extending to MHWS.
East Loch Roag An area between lines drawn between the points NB1753141748 and (Loch Carloway) NB1750142381 and between NB 1899941886 arid NB1900042222 and between NB1754741568 and NB1763341554, and extending to MHWS.
Bay of Firth, Orkney An area inshore ofa line drawn between the points HY4049714110 Mainland (Fetty Point) and HY3897015528, and extending to MHWS.
Vaila Sound, An area inshore of a line drawn between the points HU2359947000 Shetland and HU2454047000 and between HU2261747083 and HU2232347377, and extending to MHWS. Loch Eribo11 An area inshore of a line drawn between the points NC4904465000 and NC4544965000, and extending to MHWS.
Loch Laxford An Area inshore of a line drawn between the points NC1723851000 and NC1876051000, and extending to MHWS.
Loch Kishorn An area inshore of a line drawn between the points NG8133137577 and NG8090037900 and between NG8090037900 and NG8290039200 and between NG8290039200 and NG8221640112, and extending to MHWS.
Loch Snizort, Skye An area inshore of a line drawn between the points NG2328867085 Waternish Point and NG3591870004, and extending to MHWS.
Seil Sound,Argy11 An area bounded by the lines drawn between the points NM7641714700 (Rubha na Moine) and NM7787814700 and between the points NM7844919500 and NM7860219500, and extending to MHWS.
Loch Creran, Argy 11 An area bounded by lines drawn between the points NM9004843805 and NM8999943288, between the points NM897984238'8 and NM8981742536, and between the points NM9780044385 and (NM) 9780044244, extending to MHWS.
Ardtoe and Loch An area bounded by lines drawn between NM5896071973 (Rubha na Ceann Traigh h-Acairseid) and NM6280072702 and between NM6300070299 and NM6300069862,and extending to MHWS.
Bay ofIreland An area inshore of a line drawn between HY 2745309093 (Bu Point) and HY2800008000, between HY2800008000 and HY2800007000 and between HY2800007000 and HY2907807108, with the northern boundary being a line drawn between HY2814411222 and HY28213 11255, and extending to MHWS.
Black Islands, Kyle An area bounded by lines drawn between NG7585328000 andNG 7400028000, and between NG7400028000 and NG7400033930 and between NG7400033930 and NG7838033930, and extending to MHWS.
Busta yoe, Linga An area north of a line drawn. between HU3364163200 (pobies Geo) Voe and Olna Firth and HU3676263200 and line drawn between HU3414865951 and HU3419566032 (Roe Sound), and extending to MHWS.
Camas Nathais An area inshore of a line drawn betWeen NM8631237488 (Rubha Fion-aird) and NM8707236774 (Rubha Garbh-aird), and extending to MHWS.
Cat Firth An area north of a line drawn between HU4414053000 and HU 4507253010, and extending to MHWS. Colla Firth An area south of a line drawn between HU443 1570000 and HU 4507670000 and extending to MHWS.
Colonsay An area bounded by lines drawn between NR3400090752 and NR 3400089459 and between NR3510091400 and NR3542190972 and between NR3600090285 and NR3 6000895 92, and extending to MHWS.
Cui! Bay An area north of a line drawn between NM9616655540 (Rubha Mor) and NM9683355418 (Rubha Meadhonach), and extending to MHWS.
Deer Sound An area inshore of line drawn between HY5445908913 and HY 5563607881 and extending inshore to MHWS.
Dunstaffnage An area bounded by lines drawn between NM8740034148 and NM8740035000, between NM8740035000 and NM8800035000 and between NM8800035000 and NM88000344 71, and extending to MHWS.
Eddrachillis Bay An area bounded by lines drawn between NC0994934682 (Cnoc a' Mhoil BMn) and NC1125434216 and between NC0980033575 and NC0980033652 and extending to MEWS.
Cais Bhaig (Enard An area inshore of a line drawn between NC0601418584 and NC Bay) 0651217992 and extending to MHWS.
Fairlie An area bounded by lines drawn between NS2081755010 and NS1972854387 and between NS2061054625 and NS2035954356, and extending to .MHWS.
Gometra An area inshore of lines drawn betw.een NM3488641 000 and NM3400041 000, between NM3400041 000 and ~400040000, and between NM3400040000 and NM3657339604 (Rubha Bhrisdeadh- ramh), and extending to MHWS.
Gruting Voe An area north of a line drawn between HU2555347428 (Heock Ness) and HU2612847083 extending to MLWS but excluding between HU 2747347198 and HU2757547210 (Olas Voe), and extending to MHWS.
Inganess Bay An area inside of line drawn between HY4895712321 (Head of Holland) and HY5096211319 (Yinstay Head), and extending to MHWS.
Upper Loch An area east of a line drawn between NG8064456548 and Torridon NG8111355984 and extending to MHWS.
Inverneill, Loch An area inshore of lines drawn between NR8493880103 and Fyne NR8700080000 and between NR8700080000 and NR8508681108, and extending to MHWS. Isle Ornsay An area bounded by lines drawn between NG7043614000 and NG7200014000 and between NG7200014000 and NG72000 11000 and between NG72000 11000 and NG70219 I 1000, and extending to MHWS.
Keills Knapdale An area bounded by lines drawn between NR6814479069 (Rubha na Cille) and NR6700082000 and between NR6700082000 and NR 6936782000, and extending to MHWS.
Kerrera An area inshore of a line drawn between NM8228830258 and NM8346230619 (Rubh' Ard an Duine) and extending to MHWS.
Kyle of Tongue An area bounded by lines drawn between NC5977062000 and NC6210662000 and between NC5702259000 and NC5932359000, and extending to MHWS.
Kyle Rhea An area bounded by lines drawn between NG7998523802 and NG8111323641 and between NG7895821000 and NG7965121000, and extending to MHWS.
Lealt, Jura An area bounded by lines drawn between NR6622989508 (Rubha
Camas nam Meanbh ..chuileag) and ° NR6800090000 and between NR6800090000 and NR6800093 052, and extending to MHWS.
Linne Mhuirich An area inshore of a line drawn between NR715 1082488 and NR7189782797, and extending to MHWS.
Lismore An area south of a line between NM8722146000 and NM8878146000, and extending to MHWS.
Little Loch Broom An area inshore of a line drawn between NG9842098236 and NG9729696181 (Stattic Point) and extending inshore to MHWS.
Loch Ainort AD. area inshore of a line between NG5659929901 and NG5748329017, and extending to MHWS.
Loch Caroy An area bounded by lines drawn between NG2962741626 (Crossnish Point) and NG3042541625 and between NG3003543000 and NG3051843000 and extending to MHWS.
Loch a'Chumhainn An area inshore ofa line drawn between NM3858855024 (Rubha an Aird) and NM4088857041 (Quinish Point), and extending to MHWS.
Loch Craignish An area north east ofa line drawn between NR7598498919 (Rubh' an Liomi.idh)and NR7827497022, and extending to MHWS.
Loch Dunvegan An area bounded by lines drawn between NG1857854810 and NG2000055000 and between NG2000055000 and NG1975752322, and extending to MHWS. Loch Dunvegan (Ob An area inside a line draWn between NG2155549000 and Dubh) NG2351749000 (Uiginish Point), and extending to MHWS. Loch Eishort An area east of a line drawn between NG6400015754 and NG6400015084 and extending to MHWS.
Loch Ewe An area south of a line drawn between NG8165092000 and NG8400392000 and-extending inshore to MHWS.
Loch Eynort An area bounded by lines drawn between NF7916428409 and NF7931627953, and between NF8023027130(RubhaLailum) and NF8044827348 and extending to MHWS Loch Feochan An area inshore of a line drawn between NM8520023614 and NM8520023261 and extending to MHWS.
Glendhu An area bounded by lines drawn between NC2400034283 and ( NC2400033900 and· between NC2400033900 and NC2460033927, and extending to MHWS.
Loch Grimshader An area bounded by lines drawn between NB4140025611 and NB4140025757 and between NB4240025619 and NB4240025989 (Rubha AHtan Pheadair) and extending to MHWS.
Loch Gruinart An area south of a line drawn between NR2917673000 and NR3039573000, and extending to MHWS.
Loch Harport An area bounded by lines drawn between NG3318937022 (Bracadale Point) and NG3349836404 (Ardtreck Point) arid between NG3445237335 (Rubha na h-Uamha) and NG3516536444 and extending to MHWS.
Loch Hourn An area inshore of lines drawn between NG7150005405 and NG7150007000 and between NG7150007000 and NG7686613998 and extending to MHWS.
Loch lnchard An area inshore of a line drawn between NC23 03455245 and NC2329655595 and extending to MHWS.
Loch Leurbost, Inner An.area bounded by lines drawn between NB3700025454 and NB3700025035 and between NB3800024759 and NB3800024043 and extending to MHWS .
. Loch Leurbost An area bounded by lines drawn between NB3906924069 and Outer 'NB3923624236 (Aird Feiltinis ) and between NB3928923489 and NB3987124071 and extending to MHWS.
'. Loch Leven An area bounded by lines drawn between NN0520059698 and NN0520059888 (Ballachulish Bridge) and between NN1750061863 and NN1750062138 and extending to MHWS. Loch Melfort An area inshore of a line" drawn between NM8000013168 and NM8000010772, and extending to MHWS.
Loch Moidart, North An area bounded by lines drawn between NM6341275596 (Rubh' Channel Aird an Fheidh) and NM6408175600 (Rubha nan Clach Dearga) and between NM6620074 I 93 and NM6620074508, and extending to MHWS.
Loch Moidart, South An area bounded by lines between NM6268772697 (Farquhar's Channel Point) and NM6280073463 and between NM6559372769 and NM6569571747, and extending to MHWS.
Loch Nevis An area bounded by lines drawn between NM7700096493 and NM7700093334 and between NM8400095098 and NM8400094078, and extending to MHWS.
Loch Roag An area bounded by lines drawn between NB0956233988 and NB0948833763, between NB1162734393 (Rubh' a'Scarp) and NB 144273450 1 (L.eac na Cudaigean), between NB1800033435 and NB1800034299, and between NB1268930000 and NB1276430000, and extending to MHWS.
Loch Scridain An area bounded by lines drawn between NM4059726952 and NM4039524024 (Rubha Dubh) and between NM5200029672 and NM5200026629, and extending to MHWS. Loch Sligachan An area bounded by lines drawn between NG5365935087 and NG5499832205 and extending to MHWS.
Loch Stomoway, An area inshore of a line drawn between NR73 10060294 (Rubha na Knapdale Lugain) and NR7187960837 (Rubha Cruitiridh), and extending to MHWS.
Loch Striven An area bounded by lines drawn between NS0493382800 and NS0542482797 and NS0794172000 and NS0948972000, and extending to MHWS.
Loch Sunart An area bounded by lines drawn between NM7027863639 (Rubha Aird Beithe) and NM7070562891 (Rubha Aird Eamaich) and NM7299261 173 and NM734 1662657 , and extending to MHWS.
Lynn ofLom An area bounded by lines drawn between NM8700040500 and NM8795740500 and between NM8700040500 and NM8700038870, and extending to MHWS.
Mull of Galloway An area to west of line drawn between NXl525835642 (Cailiness Point) and NX1595730601 (Lagvag) and extending to MHWS. Ronas Voe An area to east of a line drawn between HU3ll438l029 and HU320008Q600 and extending to MHWS.
Sandside Bay An area inshore of a line drawn between HY5885l0645l and HY5938606989 and extending to MHWS.
Sound of Kerrera An area bounded by lines drawn between NM8400729000 and NM8326329000 arid between NM8l03526000 and NM8228126000, and extending to MHWS.
Sound of Shuna An area bounded by lines between NM9249149980 and NM9353750001 and between NM9192348498 and NM9229148474, and extending to MHWS.
St Catherine's Bay, An area inshore of a line drawn fromHY6147129575 (Sty Taing) and Stronsay HY6197228356 (North Taing, Linga Holm) and between HY6208627047 (South Taing) and HY6199225059 (North Taing, Stronsay) and extending inshore to MHWS.
Tobermory An area to the south-east of a line drawn between NM5161755162 andNM5185855398 (Rubh' an Righ), and extending to MHWS.
Ulva An area north of a line drawn between NM3986838676 and NM4080537965, and extending to MHWS.
Ura Firth An area inshore of line drawn between HU2918377817 and HU2939476344 (Fissla Taing) and extending to MHWS.
Voe of Clousta An area bounded by line drawn between HU3044159992 and 003047359992 and between 002901658753 (Green Point) and HU2901658290, and extending to MHWS.
Wadbister Voe An area inshore of a line drawn between HU4419151 009 and 004483850357 and extending to MHWS.
West Loch Tarbert An area .bounded by lines drawn between NR8234064983 and NR8303864684 and between NR8372767000 and NR8418467000 and extending to MHWS.
West Loch Tarbert, An area inshore of a line drawn between NR7902959922 and Loup NR7649558455 and extending to MHWS.
KiIchamaig Bay An area inshore of lines drawn between NR8006261198 and (West Loch Tarbert) NR8060062000 and between NR8060062000 and NR8148862175, and extending to MHWS.
Whale Firth An area south of a line drawn between HU4633396000 and 004677596000, and extending to MHWS. Askinish Bay Area bounded by lines drawn from NM7680709867 to NM7925310111 and from NM773 0107899 to NM7903007903, and extending to MHWS.
Basta Voe, Yell Area west ofline drawn between 005488794881 (Basta Ness) and 005368493861 and extending to MHWS.
Clift Sound Area bounded by a line drawn from the Taing 003911134807 to 00 4006834793, and a line from 003808131274 to 003909631197, extending to MHWS.
Dales Voe Area bounded by a line drawn from 004513545980 to 004573645589, extending to MHWS .
Domoch Firth .ATeabounded by a line drawn between NH6362188131 (Wester t Fearn Point) to NH6397788408 and a line drawn between \ NH8080987394 (Domoch Point) and NH8366985717 (Rub na Innse Moire) and extending to MHWS. Isle of Ulva, Mull An area east of a line drawn between NM3509345725 and (Loch Tuath) NM3538842149, and between NM4500338700 to NM4800038700 and between NM48000387000 and NM4800039403, extending to MHWS.
Loch An Eisg- Area bounded by a line drawn from NC0704417744 to Brachaidh (Enard NC0720817798, extending to MHWS. Bay) Loch Crinan Area bounded by a line drawn between NR7828596541 (Scodaig) and NR7723594639 (Ardnoe Point), extending to MHWS.
Loch Eil Area bounded by lines drawn between NN0099778411 and NN0099477318 and between NN0699277564 and NN0700176821, extending to MHWS.
Mid Yell Voe Area bounded by lines drawn between HU5060091932 to 0050598 91749 and 005178791947 to 005190190987, extending to MHWS. This is Schedule 2 as referred to in the Surface Waters (Shellfish) (Classification) (Scotland) Direction 2006
SCHEDULE 2 Paragraph 3
(a) The Surface Waters (Shellfish) (ClassificatioIl) (Scotland) Direction 1998;
(b) The Surface Waters (Shellfish) (Classification) (Scotland) (Amendment) Direction 1998;
(c) The Surface Waters (Shellfish) (Classification) (Scotland) Direction 2000;
(d) The Surface Waters (Shellfish) (Classification) (Scotland) Direction 2002;
(e) The Surface Waters (Shellfish) (Classification) (Scotland) Direction 2005.
,~ . /990 ~,
DIRECTIONTO RIVER PURIFICATIONAUTHORITIESUNDERSECTION54 OF THE CONTROLOF POLLUTIONACT 1974 ANDRELATINGTO COUNCILDIRECTIVESON DISCHARGESOF DANGEROUSSUBSTANCES
The Secretary of State, in exercise of the powers conferred on him by sections 35( 1) and 54( 1) and (2) of the Control of Pollution Act 1974 ("the 1974· Act") and section 18 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, hereby directs each river purification authority as follows:
1. It shall be the duty of each authori ty -
(a) to impose as conditions of consents granted under Part II of the 1974 Act such conditions as may be necessary to comply with the Community obligations arising from Council Directives 821176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC (as amended by 88/347/EEC); and
(b) to institute as respects waters for which water quality objectives are established in relation to concentrations ·of substances listed in the Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 199Q ( "the 1990 Regulations") such monitaring procedures as are necessary to comply with such Community obligations as are mentioned in head (a) above.
2. In performing the duty imposed by paragraph 1(b) above, each authority shall -
(a) take samples at such intervals during a calendar year as will secure that the results of the analysis of samples -
i. represent, so far as is pOSSible, the quality of the waters during the year;
ii. establish whether, in respect of those substances in relation to which the relevant Council Directive requires a concentration in the aquatic environment and/or sediments and/or molluscs and/or shellfish and/or fish that does not ipcrease significantly with time, the relevant requiremen t is satisfied;
iii. establish whether, in respect of mercury in relation to which Council Directive 821176/EEC requires a concentration in a representative sample of fish flesh chosen as an indica tor that does not exceed a specified 1imi t, tha t requirement is satisfied; and
iv. establish whether waters classified DSl or DS2 sat~sfy or, as the case may be, continue to satisfy the requirements of those classifications;
F3100234.01O (b) ensure that samples are taken from points outside.the m1x1ng zone applicable to the point of discharge in question but otherwise sufficiently close to the poLnt of discharge so as to secure that the results of the analysis of samples represent, so far as is possible, the quality of the waters in the area affected by the discharge; and
(0) apply in the analysis of samples -
i. the appropriate reference method of measurement, limit of detection or determination and the precision and accuracy assigned to the substance in question by the relevant Council Directive; or
ii. if the relevant Directive permits the use of other methods so long as specified requirements as to the Umi ts of detection or determination and precision and accuracy are satisfied, another method which meets the relevant requirements.
3.--(1) Each authority shall in the circumstances specified it: subparagraph (2) below refer to the Secretary of State for determination in accordance with section 35 of the 1974 Act any application for a consent under Part II of the Act to the discharge to any controlled waters other than ground waters of any effluent or other matter which contains a substance listed in the 199C Regulations.
(2) The circumstances referred to in subparagraph (1) are that -
(a) the authority is of the opinion that, if consent to the discharge were granted, the waters to which the discharge would be made , or other waters likely to be affected by the discharge, would be likely to contain concentrations of the substance which, when averaged with such concentrations of that substance as are, or are likely to be present in those waters in.the calendar year in question, would be likely to exceed the concentration specified in relation to that substance in the relevant water quality objectives. established under section 30C of the 1974 Act; or
(b) the premises from which the discharge is proposed to be made consist of or include "new plant" within the meaning giver: by Article 2(g) of Council Directive 86/280/EEC.
4.--(1) Each authority shall, as soon as it has reason to believe (whether from the results of the analysis of samples taken pursuant to this Direction or otherwise) that -
(a) any inland waters fail to satisfy the requirements for classification DS1; or
(b) any coastal waters or relevant territorial waters fail to satisfy the requirements for classification DS2,
F3100234.010 2 notify the SecretarY of State accordingly and shall provide him with all relevant information as to the nature and circumstances of the contravention and the steps that the authority has taken or proposes to take with a view to restoring the quality of the waters in question.
(2) Where an authority is of the oplnl0n, as respects any waters in relation to which it has notified the Secretary of State as mentioned in subparagraph (1) above, that the steps so mentioned are unlikely to secure t~e restoration, within 12 months from the date of the notification, of the quality of the waters to that required for the relevant classification, it shall provide the Secretary of State with such -information as will enable him, where appropriate, to determine in relation to any discharge to those waters of a substance listed in the 1990 Regulations an appropriate· emission standard in accordance with the relevant Council Directive.
5.--( 1) Each authority shall send to the Secretary of State on or before 30 June 1990 an inventory of consents granted or deemed to have been granted on or before 31-: December 1989 under Part II of the 1974 Act for the discharge of effluent or other matter containing any of the substances listed in the 1990 Regulations.
(2) Eacr.authority shall send to the Secretary of State on or before 30 April in each year commencing with the year beginning 1 January 1991 information of the descriptions specified in sub- paragraph (3) as respects-
(a) waters to which in the preceding calendar year discharges of effluent or other matter containing any of the substances listed in the 1990 Regulations have been made; and
(b) waters affected by any such discharges •.
(3) The information required to be provided by subparagraph (2) shall comprise -
(a) particulars in relation to the discharges referred to in that subparagraph of the monitoring, sampling and analysis undertaken in the preceding calendar year pursuant to this Direction; and
(b) particulars of consents granted by the authority in that year under Part II of the 1974 Act and of variations of any such consents, or of consents deemed to have been granted under that Part.
F3100234.01O 3 (4) The information required to be provided by subparagraph (2) shall be submitted On forms supplied by, or otherwise in the form required by, the Secretary of State. ,p..:.. ... ,/}~/,.////' /' . jefa u f{rJ{r ..•....•.~~~ .
Assistant Secretary, Scottish Office
Scottish Development Department Perth Street Edinburgh -:r 'r~~J' r V.,./4~ ~ i'V~r:, Jr\)/ ; 1990
F3100234.010 4