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The Coast Protection (Notices) (Scotland) Amendment Regulations 1996


Published: 1996-01-24

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Statutory Instruments
1996 No. 141 (S.13)

COAST PROTECTION
The Coast Protection (Notices) (Scotland) Amendment Regulations 1996

Made
24th January 1996

Laid before Parliament
5th February 1996

Coming into force
1st April 1996

The Secretary of State, in exercise of the powers conferred on him by sections 5(1), (2) and (3), 8(1) and (3) and 49 of the Coast Protection Act 1949(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Coast Protection (Notices) (Scotland) Amendment Regulations 1996 and shall come into force on 1st April 1996.

Amendment of the Coast Protection (Notices) (Scotland) Regulations 1988

2.  The Coast Protection (Notices) (Scotland) Regulations 1988(2) shall be amended as follows:—

(a)in regulation 2(2) (notices under section 5 of the Act)—

(i)in sub-paragraph (a) the words “district council,” shall be omitted; and

(ii)at the end of sub-paragraph (a) the word “and” shall be omitted and there shall be inserted the following:—

“(aa)Scottish Natural Heritage,

(ab)the Scottish Environment Protection Agency, and”;

(b)in regulation 3 (notices under section 8 of the Act) paragraph (1) shall be omitted;

(c)in regulation 5(2) (notices of objection) and Schedule 1 (notice of proposed coast protection work) for the words “Scottish Development Department, St Andrew’s House, Edinburgh EH1 3DE” there shall be substituted the words “The Scottish Office Agriculture, Environment and Fisheries Department, Pentland House, Robbs Loan, Edinburgh EH14 1TY”; and

(d)Schedule 2 shall be omitted.

George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th January 1996

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Coast Protection (Notices) (Scotland) Regulations 1988.
As well as making a minor amendment consequential on the establishment of single tier local authorities in Scotland with effect from 1st April 1996, the Regulations add Scottish Natural Heritage and the Scottish Environment Protection Agency to the list of persons on whom notice of proposed coast protection works must be served. They also revoke the form of notice prescribed for works schemes and make minor drafting changes.


(1)
1949 c. 74; sections 5(1) and 8(1) were relevantly amended by virtue of the Water Resources Act 1963 (c. 38), Schedule 3, paragraph 4; section 49(4) which contains a definition of “Minister” relevant to the exercise of the statutory powers under which these Regulations are made was repealed in part by the Local Government (Scotland) Act 1973 (c. 65), Schedule 29. See also the Water Act 1973 (c. 37), section 9.

(2)
S.I. 1988/957.