Search Legislation

Water Services etc. (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

Transfer of licence

This section has no associated Explanatory Notes

4(1)Any water services licence or sewerage services licence may, subject to sub-paragraphs (2) to (5), be transferred to another person by the provider who holds it (“the transferor”), either in respect of—

(a)all the activities; or

(b)any particular activity or activities,

authorised by the licence.

(2)A transfer of a licence is not valid unless—

(a)the transfer complies with any condition of the licence as to transfer; and

(b)the Commission consents to the transfer.

(3)The Commission may consent to a transfer only if satisfied that—

(a)in a case where the proposed transfer is in respect of all the activities authorised by the licence, the person to whom the transferor proposes to transfer the licence (“the transferee”) has the ability to perform adequately those activities; or

(b)in a case where the proposed transfer is in respect of any particular activity or activities authorised by the licence, the transferee has the ability to perform adequately that activity or (as the case may be) those activities.

(4)In assessing the transferee’s ability so to perform that activity or those activities, the Commission is to have special regard to—

(a)the factors mentioned in paragraphs (a) and (b) of subsection (2) of section 7; and

(b)any other matters specified under that subsection.

(5)In relation to a transfer—

(a)an application for consent is to be made by the transferee; and

(b)sub-paragraphs (1) to (6) of paragraph 1 apply as regards an application for consent as they apply as regards an application for a licence.

(6)Any applicant for consent to a transfer of a licence who knowingly or recklessly makes a statement, in connection with the application for consent, that is false or misleading in a material particular is guilty of an offence.

(7)A person who is guilty of an offence under sub-paragraph (6) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on indictment, to a fine.

(8)The Commission may consent to a transfer subject to such—

(a)modification to any condition of the licence; and

(b)conditions apart from the conditions of the licence,

as it considers it appropriate to make.

(9)As soon as practicable after deciding whether to consent to a transfer, the Commission is to intimate its decision to—

(a)the transferor and the transferee; and

(b)Scottish Water.

(10)Where the Commission withholds consent to the transfer, the transferee may, within 14 days of the date on which the decision to do so was intimated to the transferee under sub-paragraph (9)(a), appeal to the Court of Session against the decision on a question of law.

(11)Where the Commission consents to the transfer, Scottish Water may, within 14 days of the date on which the decision to do so was intimated to Scottish Water under sub-paragraph (9)(b), appeal to the Court of Session against the decision on a question of law.

(12)In an appeal under sub-paragraph (10) or (11), the Court may quash or confirm the Commission’s decision to withhold consent to the transfer or (as the case may be) to consent to the transfer; and the decision of the Court in the appeal is final.

(13)In this paragraph, “transfer” includes any form of assignation.

Back to top

Options/Help

Print Options

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