Search Legislation

Water Industry (Scotland) Act 2002

Status:

This is the original version (as it was originally enacted).

33Commissioner’s advice on charges

This section has no associated Explanatory Notes

(1)The Commissioner must, when required by the Scottish Ministers, advise them on the matters to be taken into, or left out of, account by Scottish Water in fixing charges in charges schemes.

(2)The advice is to apply in relation to charges schemes made during such period as the Scottish Ministers may specify (in this section referred to as “the period of the advice”).

(3)In preparing advice, the Commissioner is to have regard to—

(a)the economy, efficiency and effectiveness with which Scottish Water is using its resources in exercising its core functions,

(b)the likely cost to Scottish Water, for the period of the advice, of exercising the functions specified in subsection (4),

(c)the likely resources, other than income from charges for goods and services, available to Scottish Water for the period of the advice,

(d)any guidance issued to Scottish Water by the Scottish Ministers, and

(e)any directions given under section 44 or 56.

(4)The functions referred to in subsection (3)(b) are the core functions of Scottish Water so far as consisting of—

(a)complying with any duty to which it is subject by virtue of any enactment,

(b)complying with any such duty to which it will, or is likely to, become subject during the period of the advice,

(c)providing services to its customers at the same standard, and protection of the environment at the same level, as those at the time when the advice is given, or at such other standard or level as the Scottish Ministers may specify, and

(d)extending, in accordance with requirements made by the Scottish Ministers, the provision of public sewers and supplies of water to premises or areas not in receipt of such provision.

(5)The Scottish Ministers must, within 3 months of receiving from the Commissioner advice under subsection (1)—

(a)accept the advice, with or without modifications, or

(b)reject the advice and substitute their own advice for it.

(6)Where the Scottish Ministers accept the Commissioner’s advice with modifications or reject it, they must give reasons for doing so.

(7)The Commissioner must publish advice as accepted, modified or substituted under subsection (5), together with any reasons given under subsection (6).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources