
1 

(1) This Order may be cited as the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) Order 2008 and comes into force on 22nd September 2008.
(2) In this Order, “the Act” means the Water Environment and Water Services (Scotland) Act 2003.
2 
The Scottish Ministers hereby specify the enactments referred to in Schedule 1 as relevant enactments for the purposes of section 2 of the Act.
3 

(1) The Scottish Ministers hereby designate as responsible authorities, the public bodies and office holders referred to in column 1 of Schedule 2, for the purposes of Part 1 of the Act.
(2) The Scottish Ministers hereby specify as designated functions of each body or office holder, such of the functions relating to the water environment as are conferred by the enactments shown in column 2 of Schedule 2 relative to each body or office holder.
4 
The following Orders are revoked:–
(a) the Water Environment and Water Services (Scotland) Act 2003 (Designation of Responsible Authorities and Functions) Order 2006; and
(b) the Water Environment (Relevant Enactments) Order 2006.
MICHAEL W RUSSELL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th June 2008
SCHEDULE 1
Article 2


 Diseases of Fish Act 1937.
 Coast Protection Act 1949.
 Flood Prevention (Scotland) Act 1961.
 Roads (Scotland) Act 1984.
 Food and Environment Protection Act 1985.
 Natural Heritage (Scotland) Act 1991.
 The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996.
 Town and Country Planning (Scotland) Act 1997.
 Water Industry (Scotland) Act 2002.
 The Water Environment (Controlled Activities) (Scotland) Regulations 2005.
 The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006.
 Transport and Works (Scotland) Act 2007.
 Aquaculture and Fisheries (Scotland) Act 2007.
 The Bathing Waters (Scotland) Regulations 2008.

SCHEDULE 2
Article 3


Public bodies and office holders Enactments Reference
Councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 The Coast Protection Act 1949 1949 c. 74
 The Flood Prevention (Scotland) Act 1961 1961 c. 41
 The Civic Government (Scotland) Act 1982 1982 c. 45
 The Roads (Scotland) Act 1984 1984 c. 54
 The Environmental Protection Act 1990 1990 c. 43
 The Town and Country Planning (Scotland) Act 1997 1997 c. 8
 The Nature Conservation (Scotland) Act 2004 2004 asp 6
 The Bathing Waters (Scotland) Regulations 2008 S.S.I. 2008/170
Scottish Water The Sewerage (Scotland) Act 1968 1968 c. 47
 The Water (Scotland) Act 1980 1980 c. 45
 The Water Industry (Scotland) Act 2002 2002 asp 3
 The Urban Waste Water Treatment (Scotland) Regulations 1994 S.I.1994/2842
Scottish Natural Heritage The Natural Heritage (Scotland) Act 1991 1991 c. 28
 The Nature Conservation (Scotland) Act 2004 2004 asp 6
 The Conservation (Natural Habitats, &c.) Regulations 1994 S.I. 1994/2716
National Park authorities established by order under section 6 of the National Parks (Scotland) Act 2000 The National Parks (Scotland) Act 2000 2000 asp 10
District Salmon Fishery Boards constituted in terms of section 43 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 2003 asp 15
 The Nature Conservation (Scotland) Act 2004 2004 asp 6
The British Waterways Board The Transport Act 1962 1962 c. 46
 The British Waterways Act 1995 1995 c.i
The Forestry Commissioners continued in existence by section 1(1) of the Forestry Act 1967 The Forestry Act 1967 1967 c. 10
 The Nature Conservation (Scotland) Act 2004 2004 asp 6
The Fisheries Committee appointed under section 5(2) of the Electricity (Scotland) Act 1979 The Electricity Act 1989 1989 c. 29