- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Services etc. (Scotland) Act 2005. Any changes that have already been made by the team 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.
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)Where an offence under this Act has been committed by a body corporate and has been committed with the consent or connivance of, or is attributable to the neglect of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, that person as well as the body corporate is guilty of the offence.
(2)Where an offence under this Act has been committed by a Scottish partnership and has been committed with the consent or connivance of, or is attributable to the neglect of, a partner, that partner as well as the partnership is guilty of the offence.
Schedule 5 amends enactments for the purposes of and in consequence of this Act.
The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in consequence of this Act.
(1)Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.
(2)Any such power includes power to make—
(a)such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient; and
(b)different provision for different purposes.
(3)A statutory instrument containing an order under—
(a)section 2, 7(2), 13(6), 14(1), (2), (6) or (9), 18(3), 20(8), 25(1) or 27(3);
(b)subject to subsection (4)(a), section 33; or
(c)paragraph 1(1) or (4) or 12(1) or (2)(g) of schedule 2,
is subject to annulment in pursuance of a resolution of the Parliament.
(4)A statutory instrument containing—
(a)an order under section 33 which amends an Act; or
(b)regulations under section 4(7) or 5(7),
is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(1)In this Act, unless the context otherwise requires—
“the 1968 Act” means the Sewerage (Scotland) Act 1968 (c. 47);
“the 1980 Act” means the Water (Scotland) Act 1980 (c. 45);
“the 2002 Act” means the Water Industry (Scotland) Act 2002 (asp 3);
“the Commission” means the Water Industry Commission for Scotland;
“the Parliament” means the Scottish Parliament.
(2)Any reference in this Act to the core functions of Scottish Water is to be construed by reference to section 70(2) of the 2002 Act.
This Act binds the Crown.
(1)This Act may be cited as the Water Services etc. (Scotland) Act 2005.
(2)The provisions of this Act, except sections 33 to 36 and this section, come into force on such day as the Scottish Ministers may by order appoint.
(3)Different days may be so appointed for different provisions and for different purposes.
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:
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: