- Latest available (Revised)
- Original (As enacted)
Water Environment and Water Services (Scotland) Act 2003, Section 31 is up to date with all changes known to be in force on or before 25 July 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
After section 23 of the 1980 Act insert—
(1)Without prejudice to sections 23 and 24 (including any power under those sections to authorise the laying of mains or communication pipes on its behalf), Scottish Water may authorise a person to lay a main or communication pipe which is to connect with a main vested in it—
(a)in, under or over any road or under any cellar or vault below any road, or
(b)in, on or over any land which does not form part of a road and is not land as respects which that person is owner, lessee or occupier.
(2)Where Scottish Water gives an authorisation to any person under subsection (1) in relation to a main, subsections (1) to (2) of section 23, so far as relating to the laying of a main shall apply in respect of that person as they apply in respect of Scottish Water.
(a)a main or communication pipe (not being a main pipe or laid by or on behalf of Scottish Water) is laid by any person, and
(b)the main or pipe connects with a main vested in Scottish Water,
the main or, as the case may be, the communication pipe shall vest in Scottish Water.
(4)Notwithstanding subsection (3), Scottish Water may, before the completion of a main or communication pipe to which that subsection applies, determine that the main or pipe, or any part of it, shall vest in the person who laid it and that that person shall have sole responsibility for its management, maintenance and renewal.
(5)Scottish Water shall give notice of a determination under subsection (4) to the person who laid the main or communication pipe.
(a)a main or communication pipe (not being a main or pipe laid by or on behalf of Scottish Water) is laid by any person, and
(b)the main or pipe does not connect with a main vested in Scottish Water,
the main or, as the case may be, the communication pipe shall vest in the person who laid it, who shall have sole responsibility for its management, maintenance and renewal.
(7)Notwithstanding subsections (4) and (6), Scottish Water may at any time enter into an agreement under which the main or communication pipe in question, or any part of it, shall vest in it.
(8)An agreement under subsection (7) relating to a main or communication pipe to which subsection (3) applies—
(a)is subject to—
(i)the condition that the main or pipe shall vest in Scottish Water only if it complies with the construction standards specified by virtue of section 23B, so far as applicable,
(ii)such further conditions as Scottish Water may require to be included in the agreement by virtue of section 23C, and
(b)shall not take effect until the person who laid the main or pipe provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).
(1)In relation to a main or communication pipe to which subsection (3) of section 23A applies, the construction standards referred to in subsection (8)(a)(i) of that section are such standards as the Scottish Ministers may, by regulations, specify.
(2)The standards which may be specified in regulations under subsection (1) include standards specified in or under other enactments.
(3)Regulations under subsection (1) may make different provision in relation to different cases or descriptions of case.
(4)Before making regulations under subsection (1) the Scottish Ministers must consult—
(a)Scottish Water, and
(b)such other persons as they consider appropriate.
(1)For the purposes of subsection (8)(a)(ii) of section 23A, Scottish Water may require the inclusion in an agreement under subsection (7) of that section of conditions (“vesting conditions”) as to—
(a)any sum to be paid by Scottish Water to the person who laid the main or communication pipe in respect of its laying,
(b)the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the main or pipe, including in particular the costs of—
(i)maintaining, repairing and renewing the main or pipe and such water mains, communication pipes and other waterworks constructed, and work carried out, as are mentioned in sub-paragraph (iii),
(ii)connecting the main or pipe to a main vested in Scottish Water,
(iii)constructing such water mains, communication pipes and other waterworks, and carrying out such other work, as Scottish Water considers necessary in consequence of the connection.
(2)The Scottish Ministers may by regulations make provision as to—
(a)the provisions to be included, by virtue of subsection (1) of this section, as vesting conditions in an agreement under section 23A(7),
(b)cases in relation to which subsection (1) of this section does not apply, or applies with modifications.
(3)Regulations under subsection (2) may, in particular, make provision—
(a)for determining the sum (if any) to be paid by Scottish Water by virtue of subsection (1)(a),
(b)for determining the liability, by virtue of subsection (1)(b), of the person who laid the main or communication pipe by reference to such matters, criteria and methods of calculation as the regulations may specify,
(c)as to when sums due under the vesting conditions are payable,
(d)as to the security which Scottish Water is entitled to require under section 23A(8)(b).
(4)Regulations under subsection (2) may make different provision in relation to different descriptions of person and different cases or descriptions of case.”
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: