WATER SUPPLY Citation and commencement 1 This Order may be cited as the Scottish Water (Allt nan Corp) Water Order 2005 and shall come into force on 11th November 2005. Interpretation 2 In this Order– “ the Act ” means the Water (Scotland) Act 1980; “approved” means approved by the Scottish Ministers; “day” means a period of 24 hours reckoned from midnight; “deposited plan” means the plan, prepared in triplicate, docqueted and signed as relative to this Order and marked “The Scottish Water (Allt nan Corp) Water Order 2005”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, one copy in the head office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife, and one copy in the Scottish Water Inverness Area Office at 31 Henderson Drive, Longman North, Inverness; “gauge” includes a gauge, weir or other apparatus for measuring the flow of water; “intake” includes any work by which water is taken by Scottish Water for the purpose of the undertaking; “Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002 ; “undertaking” means the water undertaking for the time being of Scottish Water; and “works” means the works described in Schedule 1 to this Order and shown on the deposited plan. Incorporation and application of provisions of Schedule 4 to the Act 3 The provisions of paragraphs 2, 10(3) and 10(4) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order shall apply to the undertaking insofar as affected by the provisions of this Order, and the terms used in the provisions of that paragraph, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order. Water rights 4 Subject to the provisions of this Order, Scottish Water may for the purposes of the undertaking and by means of an intake (Works No. 4), take water from the Allt nan Corp in the area of the Highland Council. 5 1 During the construction of the works, Scottish Water may take from the said Allt nan Corp such water as it may require for such construction. 2 After completion of the works, in any day– a Scottish Water shall ensure that a minimum flow of 351 cubic metres is discharged from Loch a'Chaisteil into the Allt nan Corp as regulated by a hydrobrake (part of Works No. 1) and v-notch weir (part of Works No. 2), and as measured by a gauging post (part of Works No. 2); and b when the flow in the Allt nan Corp, as measured at the abstraction point (Works No. 3 and No. 4), is– i equal to or greater than 407 cubic metres, Scottish Water may take from the Allt nan Corp a quantity of water not greater than 176 cubic metres, as measured and recorded by an approved gauge (Works No. 5); and ii less than 407 cubic metres, Scottish Water may take water from the said Allt nan Corp, subject to Scottish Water ensuring that a flow of not less than 231 cubic metres of water, all as regulated by a v notch weir, and as measured by a gauging post (Works No. 3), is maintained. 6 If the power to take water conferred by this Order has not been exercised by 31st December 2007 the said power shall cease. Revocation 7 The County Council of the County of Ross and Cromarty (Allt nan Corp) Water Order 1955 is revoked with effect from 31st December 2007. ANDREW SCOTT A member of the staff of the Scottish Ministers Victoria Quay, Edinburgh 9th November 2005