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Local Government in Scotland Act 2003

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47Power to provide funds for private water supplies

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(1)It is the duty of a local authority to make grants to eligible persons for the purpose of enabling them to improve their private water supply or to provide themselves with a private water supply.

(2)In this section—

  • “eligible persons” are such persons as are or persons of such class as is prescribed by regulations; and

  • “private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002 (asp 3)).

(3)The Scottish Ministers may, by regulations—

(a)prescribe the conditions which may, must, or must not be imposed in relation to grants made under this section;

(b)prescribe the procedures which must be followed by eligible persons in making applications for those grants and by local authorities when considering such applications and making payments of those grants;

(c)provide for the payment of those grants, in such cases as are specified in the regulations, to persons other than the applicants;

(d)provide for the calculation of those grants;

(e)fix, or provide for the fixing of, maximum amounts for those grants;

(f)provide for the delegation of any function of a local authority under this section to any person specified , or referred to, in the regulations;

(g)repeal, or suspend the effect of, subsection (1) above;

(h)make provision incidental or supplemental to that made under paragraphs (a) to (g) above.

(4)Regulations under this section may make different provision for different cases or different classes of case.

(5)The power to make regulations under this section is exercisable by statutory instrument which shall, subject to subsection (6) below, be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(6)No regulations under this section which repeal, or suspend the effect of, subsection (1) above are to be made unless a draft of the instrument containing them has been approved by resolution of the Scottish Parliament.

(7)The Scottish Ministers shall make grants to local authorities in respect of their expenditure reasonably incurred in making grants under this section.

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