Search Legislation

Water Services etc. (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

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.

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