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The Private Water Supplies (Scotland) Regulations 2006

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This is the original version (as it was originally made).

PART IIRELEVANT PERSONS

Determination and notification of relevant person

4.—(1) A local authority shall, in relation to each private water supply to any premises within its area, determine, for their respective interests, those persons who—

(a)provide the supply;

(b)occupy the land from, or on which, the supply is obtained or located; or

(c)exercise powers of management or control in relation to the supply,

and a person so determined shall, in these Regulations, be referred to as a “relevant person”.

(2) As soon as reasonably practicable after making a determination under paragraph (1), the local authority shall notify each relevant person in writing of its determination and the reasons for it.

Appeal against determination of relevant person

5.—(1) A person aggrieved by a decision of a local authority to determine that person to be a relevant person may appeal to the sheriff against that determination, and the decision of the sheriff in that matter shall be final.

(2) An appeal to the sheriff under paragraph (1) shall be by way of summary application.

(3) The period within which an appeal under paragraph (1) may be brought shall be 21 days from the date on which notification of the local authority’s determination was served on the person desiring to appeal.

(4) Where a person has been determined to be a relevant person under regulation 4(1), that determination shall not have effect until the period within which an appeal may be brought has expired or until an appeal which has been brought has been disposed of or is withdrawn.

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