Search Legislation

Public Services Reform (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

Miscellaneous

129Local Government (Scotland) Act 1973: minor amendment

In section 102(2A) of the Local Government (Scotland) Act 1973 (c. 65) (reports to Accounts Commission for Scotland by Controller of Audit), the words “(1) or” are repealed.

130Consultation by water and sewerage services providers

(1)The Water Industry (Scotland) Act 2002 (asp 3) is amended in accordance with this section (but see also schedule 2 which makes other amendments to that Act).

(2)In section 27 (approval of customer standards code)—

(a)in subsection (1), after “consulting” insert “every water services provider and sewerage services provider and”,

(b)in subsection (4), after “consulting” insert “every water services provider and sewerage services provider and”.

(3)In section 28 (consultation code), in subsection (3)(a)—

(a)after “consult” insert “every water services provider and sewerage services provider and”,

(b)after “by” insert “any such provider or”.

(4)In section 29B (determination of maximum charges), in subsection (4)(a)—

(a)the word “and” immediately following sub-paragraph (ii) is repealed,

(b)after sub-paragraph (ii) insert—

(iia)every water services provider and sewerage services provider, and.

(5)In section 29D(5) (statements regarding charges), after paragraph (a) insert—

(aa)every water services provider and sewerage services provider,.

(6)In section 56A(4) (directions may set objectives), after “consult” insert “every water services provider and sewerage services provider and”.

(7)In section 57(6) (information and reports), after “Commission” insert “, every water services provider and sewerage services provider”.

(8)In section 70 (interpretation), after the entry for “the Parliament” insert—

“sewerage services provider” has the meaning given in section 6(4) of Water Services etc. (Scotland) Act 2005 (asp 3),

“water services provider” has the meaning given in section 6(2) of the Water Services etc. (Scotland) Act 2005..

131Complaints about water services and sewerage services providers

In the Water Services etc. (Scotland) Act 2005 (asp 3), after section 11 insert—

11AComplaints about licensed providers

(1)Subsections (2) to (4) apply where a water services provider or, as the case may be, a sewerage services provider (“the provider”) has requested (in writing) that the Scottish Public Services Ombudsman (“the Ombudsman”) investigate complaints made about the provider by occupiers of premises served by the provider.

(2)Subject to subsection (4), the Scottish Public Services Ombudsman Act 2002 applies to such complaints as it applies to complaints made under that Act about a listed authority.

(3)For the purposes of subsection (2), the provider is to be treated as a listed authority and the complainer as the person aggrieved.

(4)Paragraph 7 of schedule 4 to the Scottish Public Services Ombudsman Act 2002 (Ombudsman not to investigate contractual or commercial transactions relating to a listed authority) does not apply.

(5)Subsections (6) to (9) apply where—

(a)the provider has—

(i)requested (in writing) that the Ombudsman may not investigate any new complaints relating to the provider,

(ii)sent a copy of that request to the Commission, and

(b)the Commission has agreed to that request and notified the Ombudsman accordingly.

(6)The Ombudsman may not investigate any new complaints relating to the provider from the date that the Ombudsman receives notification under subsection (5)(b).

(7)The Ombudsman is to continue investigating any undetermined complaints about the provider which have been made to the Ombudsman prior to the Ombudsman’s receipt of notification under subsection (5)(b).

(8)For the purpose of enabling an undetermined complaint to continue to be dealt with, subsections (2) and (3) continue to apply and have effect as they applied and had effect immediately before the Ombudsman received notification under subsection (5)(b).

(9)For the purpose of subsection (7), a complaint is determined by the Ombudsman if the Ombudsman—

(a)has decided to conduct an investigation in relation to the complaint and that investigation is concluded, or

(b)has decided not to conduct an investigation in relation to the complaint..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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