SCHEDULE 5 Water Rights for Hydro-Electric Generating Stations in Scotland
Electricity Act 1989 (1989 c 29) | Legislation

SCHEDULE 5 Water Rights for Hydro-Electric Generating Stations in Scotland

Section 10(5)

1

In Scotland, a person who holds a licence under section 6(1)(a) of this Act may be authorised by the Secretary of State to abstract and divert from any watercourse or loch and to use such water as may be necessary for the purposes of constructing or extending a generating station wholly or mainly driven by water and of operating that generating station after such construction or extension; but he shall do as little damage as possible in the exercise of the powers conferred by the authorisation and shall make compensation for any damage done in the exercise of those powers.

2

Authorisation under paragraph 1 above shall be by order and shall provide for the compulsory acquisition by the person of such rights, as regards the abstraction, diversion and use, as may be specified in the order; and the order may contain such incidental, consequential and supplementary provisions as the Secretary of State thinks necessary or expedient.

3

Where the abstraction, diversion and use will, in the opinion of the Secretary of State—

(a)     substantially reduce the flow of water in any watercourse, he

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