Search Legislation

Water Services etc. (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

SCHEDULE 3Certain pre-existing agreements as to charges

(introduced by section 21(6))

This schedule has no associated Explanatory Notes

1(1)In this schedule, a “relevant agreement” is an agreement—

(a)between Scottish Water and another person (a “relevant customer”) in respect of eligible premises (within the meaning of Part 2)—

(i)by virtue of any of the provisions referred to in sub-paragraph (3) or otherwise; and

(ii)which makes provision as to the charges to be paid (other than under a charges scheme) by the relevant customer for services provided by Scottish Water in the exercise of its core functions; and

(b)extant on the coming into force of this schedule.

(2)For the purposes of sub-paragraph (1)—

(a)an agreement between Scottish Water and another person includes an agreement with the other person to which Scottish Water has become party in consequence of a transfer, by virtue of any enactment or contractual arrangements, of obligations to Scottish Water; and

(b)an agreement which makes provision as to the charges to be paid for services provided by Scottish Water does not include an agreement by virtue of which there is an obligation to which section 47 of the 1980 Act applies.

(3)For the purposes of sub-paragraph (1)(a)(i), the provisions are—

(a)sections 29(2)(b) and (4) and 31(6) of the 2002 Act” (as they had effect immediately before their repeal by this Act);

(b)section 29(3)(j) of the 1968 Act (as it had effect immediately before its repeal by this Act).

2(1)Scottish Water must, within one month of the coming into force of this schedule, send to the Commission written details of every relevant agreement.

(2)The Commission must, following receipt of those details, in each case—

(a)assess the charges payable under the relevant agreement (the “relevant charges”) during any period to which a charges scheme applies; and

(b)having regard to—

(i)any costs which reasonably require to be met from the charges fixed in accordance with sub-paragraph (6)(b); and

(ii)such other matters as the Commission considers appropriate,

determine, for the purposes of sub-paragraph (6)(a), an amount less than the relevant charges.

(3)The Commission must, in each case—

(a)give the relevant customer written notice of the assessment and determination under sub-paragraph (2); and

(b)send a copy of the notice to—

(i)Scottish Water; and

(ii)every water services and sewerage services provider,

by such date as the Scottish Ministers may direct.

(4)The Commission must publish details of every determination under sub-paragraph (2)(b).

(5)This sub-paragraph applies in any case where a water or sewerage services provider makes arrangements for the provision of any services to which relevant charges apply and is accordingly entitled to demand and recover charges from a relevant customer for that provision.

(6)Where sub-paragraph (5) applies—

(a)Scottish Water may, in relation to that provision, demand and recover from the provider charges which must not exceed the amount determined under sub-paragraph (2)(b); and

(b)the charges which the provider may, in relation to that provision, demand and recover from the relevant customer concerned must not exceed the amount of the relevant charges.

(7)Any financial disadvantage to Scottish Water arising as a consequence of differences between—

(a)the amounts determined under sub-paragraph (2)(b); and

(b)the charges which would be recoverable by Scottish Water under a charges scheme in relation to the services to which the determinations apply,

is to be borne by Scottish Water.

(8)Scottish Water is—

(a)in any case where sub-paragraph (5) does not for the time being apply; or

(b)in any case where that sub-paragraph ceases to apply,

to demand and recover relevant charges from the relevant customer for services provided by it to the customer.

3(1)A charges scheme does not apply in relation to any services to which relevant charges apply except where the relevant agreement concerned expires or is terminated.

(2)For the purposes of sub-paragraph (1), the making of arrangements by a water services or sewerage services provider for the provision of any services to which relevant charges apply does not of itself cause the relevant agreement concerned to expire or terminate.

(3)A relevant agreement may not be renewed on its expiry or termination, nor may its term be extended at any time.

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