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Fire (Scotland) Act 2005

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This is the original version (as it was originally enacted).

Supply and use of water

17Duty to secure water supply

(1)A relevant authority shall take all reasonable measures for securing that an adequate supply of water will be available for the authority’s use for the purposes mentioned in subsection (2).

(2)Those purposes are—

(a)extinguishing fires in the area of the authority;

(b)protecting life and property in the event of fires in its area;

(c)rescuing people in the event of road traffic accidents in its area;

(d)protecting people from serious harm in the event of road traffic accidents in its area;

(e)carrying out any function conferred on the authority by an order under section 11; and

(f)fulfilling any requirement made of the authority by a direction given to it under section 12.

18Use of water

(1)Subject to—

(a)an agreement under section 19(1); and

(b)section 9A of the Water (Scotland) Act 1980 (c. 45) (charging for emergency use of water),

a relevant authority may use any suitable supply of water for the purposes mentioned in section 17(2).

(2)A relevant authority shall pay reasonable compensation for water used by virtue of subsection (1).

19Agreements in relation to water supply

(1)For the purposes of section 17, a relevant authority may—

(a)enter into an agreement with Scottish Water; or

(b)enter into an agreement to—

(i)secure the use of water under the control of a person other than Scottish Water;

(ii)improve access to any such water;

(iii)lay and maintain pipes and carry out other works in connection with the use of such water.

(2)Subject to section 9A of the Water (Scotland) Act 1980 (c. 45) (charging for emergency use of water), an agreement mentioned in subsection (1)(a) may include terms as to payment to be made to Scottish Water.

(3)Scottish Water shall not unreasonably refuse to enter into an agreement mentioned in subsection (1)(a) which is proposed by a relevant authority.

(4)Any question whether Scottish Water has unreasonably refused to enter into an agreement mentioned in subsection (1)(a) shall be determined by the Scottish Ministers.

20Emergency supply by Scottish Water

(1)If a relevant authority requests Scottish Water to provide a supply or pressure of water for a purpose mentioned in section 17(2) that is greater than it would otherwise provide, it shall take all necessary steps in order to do so.

(2)For the purposes of complying with its obligation under subsection (1) Scottish Water may shut off the water from the mains and pipes in any area.

(3)Scottish Water (and any other person) shall not be liable to any penalty or claim arising because of anything done by Scottish Water in complying with its obligation under subsection (1).

(4)If, without reasonable excuse, Scottish Water fails to take any step which it is obliged to take under subsection (1), it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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