NATIONAL STAKEHOLDER FORUM
27th/28th April 2004
RESPONSIBLE BODIES: THE DESIGNATION OF
RESPONSIBLE AUTHORITIES AND RELEVANT
ENACTMENTS
Gillian Hood
Water Framework Team - Scottish
Executive
General Introduction
Over the past few months we have been working to develop
the secondary legislation that is required under the WEWS
Act. One element of secondary legislation is the
designation of responsible authorities and relevant
enactments. This is established under Section two of the
Act.
Responsible Authorities
The Water Environment and Water Services (Scotland) Act
2003 Act gives Ministers powers to designate public bodies
as "responsible authorities" in relation to the functions
that they have which impact upon the water environment. The
purpose of such a designation is to ensure that public
bodies with functions that have an impact on the water
environment carry out those functions in a way that helps
to ensure compliance with the objectives of the Water
Framework Directive.
The requirements of responsible authorities are set out
in Section 2 of the Water Environment and Water Services
(Scotland) as follows;
- to ensure compliance with the
Water Framework Directive when carrying out their
designated functions.
- to have regard to the social and
economic impact that may result from carrying out those
functions.
- Where it is consistent with the
purpose of a function;
(a) promote sustainable flood management
(b) act in the way best calculated to contribute to the
achievement of sustainable development.
(c) adopt (if practicable) an integrated approach by
co-operating with each other with a view to co-ordinating
the exercise of their respective functions.
The Scottish Executive has given presentations and had
discussions with all the proposed bodies and a draft
discussion paper is in the process of being developed. This
will set out the requirements and implications of
designation and will allow the bodies an opportunity to
respond to our proposals.
Relevant Enactments
Scottish Ministers and SEPA are also required to meet
the requirements under Section 2 of the Act. We are in the
process of listing the relevant enactments under which they
will be required to be designated.
Key Issues for Discussion
1. What problems do you envisage with Responsible
Authorities meeting the requirements of Section 2?