Search Legislation

Water Services etc. (Scotland) Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Water Services etc. (Scotland) Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1: Water Industry Commission and Customer Panels

      1. Section 1: Water Industry Commission for Scotland

      2. Section 2: Dissolution of office of Commissioner

      3. Section 3: Customer Panels

    2. Part 2: Provision of Water and Sewerage Services

      1. Offences

        1. Section 4:  Public water supply system: offences

        2. Section 5: Public sewerage system: offences

      2. Licensing of services provided to eligible premises

        1. Section 6: Licence authorisation

        2. Section 7: Granting of licence

        3. Section 8: Compliance with licences

        4. Section 9: Fees relating to licences

        5. Section 10: Licensed providers to give information

        6. Section 11: Participation of licensed providers

        7. Section 12: Licences and compliance: further provision

      3. Scottish Water: water and sewerage services undertaking

        1. Section 13: Water and sewerage services undertaking

        2. Section 14: Financing, borrowing and guarantees

        3. Section 15: Transfer of staff etc. to the undertaking

      4. Scottish Water: services via licensed providers

        1. Section 16: Scottish Water to provide services

        2. Section 17: Continuation of water services

        3. Section 18: Discontinuation of water services

        4. Section 19: Disconnections code

        5. Section 20: Continuation and discontinuation of sewerage services

      5. Scottish Water: charges and functions

        1. Section 21: Scottish Water’s charges for water and sewerage services

          1. Subsection (1): the new section 29 of the 2002 Act: Charges for goods and services

          2. Subsection (1): the new section 29A of the 2002 Act: Charges schemes

          3. Subsection (1): the new section 29B of the 2002 Act: Determination of maximum charges

          4. Subsection (1): the new section 29C of the 2002 Act: Exercise of functions regarding charges

          5. Subsection (1): the new section 29D of the 2002 Act: Statements regarding charges

          6. Subsection (1): the new section 29E of the 2002 Act: Departure from certain charges

          7. Subsection (1): the new section 29F of the 2002 Act: Review of determinations and charges

          8. Subsection (1): the new section 29G of the 2002 Act: Effective exercise of core functions

          9. Subsection (2): Scottish Water’s charges for water and sewerage services

          10. Subsection (3): Repeal of sections 31 to 34 of the 2002 Act

          11. Subsections (4) and (5): Liability of occupiers etc. for charges

        2. Section 22: Scottish Water’s functions: powers of the Scottish Ministers

        3. Section 23: Determinations relating to provision of services

        4. Section 24: Qualification of duty to provide services

      6. Sewerage nuisance: Code of Practice

        1. Section 25: Sewerage nuisance: code of practice

        2. Section 26: Monitoring and enforcement

      7. Definitions for Part

        1. Section 27: Meaning of “eligible premises”

        2. Section 28: Meaning of “public water supply system”

        3. Section 29: Meaning of “public sewerage system”

    3. Part 3: Coal Mine Water Pollution

      1. Section 30: Control of water from coal mines

    4. Part 4: Miscellaneous and General

      1. Miscellaneous

        1. Section 31: Offences by bodies corporate and partnerships

        2. Section 32: Amendments to enactments

        3. Section 33: Ancillary provision

      2. General

        1. Section 34: Orders and regulations

        2. Section 35: Interpretation

        3. Section 36: Crown application

        4. Section 37: Short title and commencement

    5. Schedule 1: Water Industry Commission for Scotland

    6. Schedule A1: Water Industry Commission for Scotland

      1. Paragraph 1: Status

      2. Paragraph 2: Membership

      3. Paragraph 3: Tenure and removal from office

      4. Paragraph 4: Disqualification

      5. Paragraph 5: Chairing

      6. Paragraph 6: Remuneration, allowances and pensions

      7. Paragraph 7: Chief executive

      8. Paragraph 8: Staff

      9. Paragraph 9: Transfer of property and liabilities

      10. Paragraph 10: Committees

      11. Paragraph 11: Delegation of powers

      12. Paragraph 12: Proceedings

      13. Paragraph 13: General powers

      14. Paragraph 14: Accounts

    7. Schedule 2: Licences and Compliance: Further Provision

      1. Paragraph 1: Application for licence

      2. Paragraph 2: Conditions of licence

      3. Paragraph 3: Conditions: sustainable development

      4. Paragraph 4: Transfer of licence

      5. Paragraph 5: Powers of entry etc.

      6. Paragraph 6: Powers of entry etc.: further provision

      7. Paragraph 7: Warrants

      8. Paragraph 8: Enforcement notices

      9. Paragraph 9: Enforcement notices: offences

      10. Paragraph 10: Revocation of licences

      11. Paragraph 11: Penalties for contravention of licence

      12. Paragraph 12: Register of licences

    8. Schedule 3: Certain Pre-Existing Agreements as to Charges

      1. Paragraph 1

      2. Paragraph 2

      3. Paragraph 3

    9. Schedule 4: Powers of Entry under the Coal Industry Act 1994

    10. Schedule 5: Amendments to Enactments

      1. Paragraph 1: Sewerage (Scotland) Act 1968 (c.47)

      2. Paragraph 2: House of Commons Disqualification Act 1975 (c.24)

      3. Paragraph 3: Race Relations Act 1976 (c.74)

      4. Paragraph 4: Water (Fluoridation) Act 1985 (c.63)

      5. Paragraph 5: Public Finance and Accountability (Scotland) Act 2000 (asp 1)

      6. Paragraph 6: Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

      7. Paragraph 7: Water Industry (Scotland) Act 2002 (asp 3)

      8. Paragraph 8: Scottish Public Services Ombudsman Act 2002 (asp 11)

      9. Paragraph 9: Freedom of Information (Scotland) Act 2002 (asp 13)

      10. Paragraph 10: Public Appointments and Public Bodies etc.(Scotland) Act 2003 (asp 4)

        1. Parliamentary History

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

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