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S

Water (Scotland) Act 1980

1980 CHAPTER 45

An Act to consolidate the enactments relating to water in Scotland.

[1st August 1980]

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Modifications etc. (not altering text)

C1The base date version of this Act is as revised to 1.12.1991 and takes into account the effects (if any) on it of consolidating legislation which came into force at that date.

C4Act: definition (water authority) applied (1.12.1991) by Water Industry Act 1991. (c. 56, SIF 130), ss. 87(7)(a), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

Commencement Information

I1Act wholly in force at Royal Assent

Part IS Central Authority

[F11 General duties of Secretary of State and of water authorities.S

It shall be the duty of the Secretary of State and of [F2Scottish Water] when exercising their respective functions or powers under or by virtue of this Act—

(a)to promote the conservation and effective use of the water resources of, and the provision of adequate water supplies throughout, Scotland; and

(b)to secure the collection, preparation, publication and dissemination of information and statistics relating to such resources and supplies.]

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Amendments (Textual)

F1S. 1 substituted (1.4.1996) by 1994 c. 39, s. 65(1) (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3S

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Amendments (Textual)

Part IIS Duties of Water Authorities

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

6 Duty of authority to provide supply.S

(1)It shall be the duty of [F7Scottish Water] to provide a supply of wholesome water to every part of [F8its] limits of supply where a supply of water is required for domestic purposes and can be provided at a reasonable cost.

(2)Without prejudice to the generality of subsection (1), [F9Scottish Water] shall provide a supply of wholesome water in pipes to every part of [F10its] limits of supply where a supply of water is required for domestic purposes and shall [F11, subject to subsection (2A),] take the pipes affording that supply to such point or points as will enable the buildings for which a supply is required for domestic purposes to be connected thereto at a reasonable cost; but this subsection shall not require [F12Scottish Water] to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of [F10its] limits of supply where such a supply is already available at such point or points.

[F13(2A)Subsection (2), so far as requiring Scottish Water to take pipes to the point or points referred to in that subsection, shall not apply for so long as there is inforce an agreement between Scottish Water and some other person for that person to take the pipes referred to in that subsection to that point or those points.

(2B)Subsections (1) and (2), so far as excepting from the duties under those subsections things which cannot be done at a reasonable cost, shall not apply tosuch cases or descriptions of case as the Scottish Ministers may direct.

(2C)In determining what is a reasonable cost for the purpose of subsection (2) so far as excepting from the duty under that subsection things which cannot be done at areasonable cost, the costs to be taken into account include the costs of—

(a)constructing such other water mains, communication pipes and other waterworks, and

(b)carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in that subsection.

(2D)Subject to subsection (2C), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations madeby the Scottish Ministers.

(2E)Such regulations may, in particular, make provision as to—

(a)the matters to be taken into, or left out of, account,

(b)the criteria to be applied,

(c)the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.]

(3)If any question arises under this section as to—

[F14(za)whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or]

(a)whether a supply of water can be provided at a reasonable cost, or

(b)whether anything is or is not practicable at a reasonable cost, or

(c)the point or points to which pipes must be taken in order to enable buildings to be connected therewith at a reasonable cost,

the [F15Water Industry Commission for Scotland], if requested to do so by [F16any person aggrieved], shall, after [F16consultation with that person and with [F17Scottish Water]], determine that question and [F18Scottish Water] shall give effect to [F19its] determination.

[F20(3A)The Commission—

(a)shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (3), and

(b)may from time to time revise the statement.

(3B)In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.

(3C)The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.]

(4)[F21Scottish Water] shall also provide a supply of water for the purpose of complying with any other obligation imposed on [F22it] by this Act and may, if [F23it thinks] fit, provide a supply to enable [F24it] to exercise any of the powers conferred on [F24it] by this Act or for any other purpose which [F25it considers] is in the interests of the area comprising [F26its] limits of supply.

[F27(5)The duties imposed by subsections (1), (2) and (4) shall not require Scottish Water to do anything which is prejudicial to its compliance with—

(a)any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or

(b)a statement of policy issued under section 29D of that Act.]

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Amendments (Textual)

7 Supply of water for domestic purposes.S

(1)In this Act a supply of water for domestic purposes means a sufficient supply for drinking, washing, cooking, central heating and sanitary purposes but not for any bath having a capacity in excess of 100 gallons, and includes—

(a)a supply for the purposes of any profession carried on in any premises the greater part of which is used as a house; and

(b)where the water is drawn from a tap inside a house and no hosepipe or similar apparatus is used, a supply for watering a garden, for horses kept for private use and for washing vehicles kept for private use.

(2)A supply of water under subsection (1) does not include a supply of water for the business of a laundry, or any business of preparing food or beverages for consumption otherwise than on the premises.

(3)“Domestic purposes” in any local enactment relating to the supply of water shall be construed in accordance with sub-sections (1) and (2).

8 Water supplied for domestic purposes to be wholesome.S

[F28Scottish Water] shall provide in [F29its] mains and communication pipes a supply of wholesome water sufficient for the domestic purposes of all owners and occupiers of premises within [F29its] limits of supply who are entitled to a supply for those purposes.

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Amendments (Textual)

9 Supply of water for non-domestic purposes.S

(1)Subject to the following provisions of this Act, [F30Scottish Water] shall give a supply of water on reasonable terms and conditions for purposes other than domestic purposes to the owner or occupier of any premises within [F31its] limits of supply who requests [F32it] to give such a supply to those premises.

(2)[F33Scottish Water] shall not be required to give a supply of water in accordance with subsection (1) if [F34its] ability to meet existing obligations to supply water for any purposes or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose, would thereby be endangered.

[F35(2A)Where a supply of water has been made to premises under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3)but—

(a)the arrangements for the supply (made between the occupier of the premises and the water services provider who made the related request under subsection (1)of that section in respect of the premises) are at an end, or are to come to an end, in consequence of non-payment of charges owed to the provider in relation to the watersupplied; or

(b)the supply is discontinued (or is to be discontinued) under section 18(5) of that Act,

Scottish Water shall not be required to give a supply of water to the premises in accordance with subsection (1) if it is of the opinion that there is noreasonable prospect of recovering the charges (or any significant proportion of the charges) which it would be entitled to recover in relation to that supply of waterwere it given.

(2B)Where Scottish Water decides, by virtue of subsection (2A), not to give a supply of water to premises, the occupier of the premises may by notice require the WaterIndustry Commission for Scotland to review that decision.

(2C)In a review under subsection (2B), the Commission may, having regard to any representations made to it by the parties—

(a)confirm the decision of Scottish Water; or

(b)direct Scottish Water to give a supply of water to the premises in accordance with subsection (1),

and the determination of the Commission in the review shall be final.]

(3)[F36Scottish Water] may require, as a condition of giving a supply of water under this section, that the person requesting the supply shall enter into an agreement undertaking to pay to [F37it] in respect of each year a sum not exceeding one-eighth of the cost of providing and laying the necessary mains (less any amounts received by [F38Scottish Water] in respect of water supplied whether for domestic or non-domestic purposes in that year from those mains) until the expiration of a period of 12 years or such lesser period as may appear to [F38Scottish Water] to be appropriate.

(4)Any question arising as to the terms and conditions on which water is to be supplied [F39(not being a question as respect charges for the water which is to be supplied)] under this section and any question whether [F40Scottish Water is] justified in refusing to give a supply shall in default of agreement, be referred to the Secretary of State and the Secretary of State may determine it himself or, if he thinks fit, refer it for determination by arbitration.

(5)Where [F41Scottish Water is] required to give a supply of water under this section, the powers of [F42Scottish Water] and of persons supplied or proposed to be supplied by [F43it] to lay mains and pipes for providing a supply of water for domestic purposes and to break open [F44roads] for that purpose shall apply for the purpose of the provision of a supply under this section.

F45(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F39Words in s. 9(4) inserted (1.4.1996) by 1994 c. 39, s. 105; S.I. 1996/323, art. 4(1)(a), Sch. 1

[F469A

[F47(1)][F48Notwithstanding anything in section 9] of this Act, no charge may be made by [F49Scottish Water] in respect of—

[F50(a)water taken for the purpose of extinguishing fires or taken by a fire authority for any other emergency purposes;

(b)water taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; or

(c)the availability of water for any purpose mentioned in paragraph (a) or (b) above:]

Provided that nothing in this section shall prevent the making of charges in respect of work carried out at the request of or for the benefit of any person receiving a supply of water for the said purposes.]

[F51(2)Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.]

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Amendments (Textual)

10 Compensation for damage resulting from exercise of powers.S

(1)Subject to the provisions of this section, a [F52local authority] or [F53Scottish Water]F54shall make full compensation to any person who has sustained damage by reason of the exercise by them [F55or it] of any of their [F56or its] powers under this Act in relation to a matter as to which he has not himself been in default.

[F57(1A)The escape of water, however caused, F58 from one of [F59Scottish Water’s]F58 communication [F60or supply] pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by [F61it] of powers under this Act.]

(2)Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration.

(3)A claim for compensation under this section shall not be maintainable unless it is made within [F6224] months after the date on which it is alleged to have arisen.

(4)The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation.

[F63(5)Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—

(a)statutory undertakers as defined in [F64section 214 of the Town and Country Planning (Scotland) Act 1997];

[F65(b)roads authorities as defined in section 151(1) of the M1 Roads (Scotland) Act 1984;]

(c)bridge authorities [F66as defined in section 147 of the New Roads and Street Works Act 1991;]

[F67(d)road works authority as defined in section 108 of the New Roads and Street Works Act 1991;]

(e)persons on whom a right to compensation under section [F68141 of the said Act of 1991] is conferred.

F69(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F64Words in s. 10(5)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 30(1)

Marginal Citations

M11984 c. 54 (59, 108).

11 Power of Secretary of State on default of authority or board. S

(1)If—

(a)a complaint is made to the Secretary of State that [F70Scottish Water has] failed—

(i)to do anything which [F71it is] required to do by or under this Act,

(ii)to give an adequate supply of water either as respects quantity or quality within [F72its limits of supply, or has] failed to give any supply which [F73it has] been lawfully required to give, or

(iii)to take such steps as are in the circumstances reasonable to obtain new powers or to extend [F74its] existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or

(b)the Secretary of State is of opinion that an investigation should be made as to whether [F75Scottish Water has] failed in any of those matters,

he may cause a local inquiry to be held into the matter.

(2)If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of [F76Scottish Water] , he may make an order declaring [F77it] to be in default and directing [F77it] for the purpose of remedying the default to discharge such of [F78its] functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend [F79its] existing powers.

(3)If [F80Scottish Water fails] to comply with any requirements of [F81an order made under subsection (2)] within the time specified therein for compliance with that requirement—

(a)F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F83or]

(b)the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.

(4)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F83By Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(4)(c) (with s. 67); S.S.I. 2002/118, art. 2(3) it is provided that the word "and" following s. 11(3)(a) is repealed (1.4.2002)

Modifications etc. (not altering text)

C6S. 11: Transfer of functions (temp. from 6.5.1999 until 1.7.1999) by S.I. 1999/901, arts. 2, 5, Sch.; S.I. 1998/3178, art. 3

Part IIIS Powers of Water Authorities for the purposes of Water Supply

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Modifications etc. (not altering text)

12 Supply of water to premises outwith limits of supply.S

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

13 Supply of water in bulk.S

(1)[F86Scottish Water]F87 may enter into an agreement with any other persons F88. . . , for the giving by those other persons, and the taking by [F89Scottish Water]F87, of a supply of water in bulk for any period and on any terms and conditions, F90. . .

(2)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purpose of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving or taking a supply of water in pursuance of an agreement F92. . . made under this section, [F93Scottish Water]F94 may exercise, F95. . . F94 the like powers with respect to laying mains and breaking open [F96roads] as are exercisable by [F97it] under this Act for the purpose of laying mains, but subject to the like conditions and obligations.

(4)F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section shall affect any right of a navigation authority under any enactment to prohibit, or impose restrictions on, the supply of water in bulk by [F99Scottish Water]F100.

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Amendments (Textual)

[F10113A Supply of water for use outwith Scotland.S

(1)[F102Scottish Water] may, if for the time being [F103it is] satisfied that such supplies of water as are available to [F104it] are likely to be more than sufficient to enable [F104it] to fulfil [F105its] duties as respects the supply of water to premises in Scotland, enter into an agreement with any other person to give him, on such terms and conditions as [F106it thinks] and whether or not in bulk, a supply of water for use outwith Scotland.

(2)For the purposes of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving a supply of water in pursuance of an agreement entered into under subsection (1) above, [F107Scottish Water] may exercise, F108. . . , the like powers with respect to laying mains or breaking open roads as are exercisable by [F109it] under this Act for the purposes of laying mains, but subject to the like conditions and obligations.]

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Amendments (Textual)

F108Words in s. 13A(2) repealed (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 11(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

14 Power of water authority to give guarantee for supply of water.S

[F110Scottish Water] may undertake to pay to any person supplying water, or guarantee payment to any such person of, such periodical or other sums as may be agreed as a consideration for the giving by that person of a supply of water, so far as he can lawfully do so, within any part of the limits of supply of [F111Scottish Water], and the execution by him of any works necessary for that purpose.

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Amendments (Textual)

F11215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

16 Powers of survey and search for water on land. S

[F113(1)The Scottish Ministers may, on application made to them by Scottish Water, authorise it to survey, in accordance with this section—

(a)any land which it proposes to acquire for the purposes of its water undertaking or proposed water undertaking; or

(b)any land in, on or over which it is proposed to lay a water main.]

(2)Notice of any application under subsection (1) shall be given by [F114Scottish Water]F115 to the owner and the occupier of the land, and the Secretary of State shall, before giving his authority under subsection (1), consider any representations made to him by any such owner or occupier within 14 days after the receipt of the notice.

(3)Where [F116Scottish Water is] authorised to survey any land under this section, any officer of [F117Scottish Water]F115 authorised for the purpose shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter on and survey the land.

(4)Section 38(3) to (7) shall apply to any right of entry conferred by this section.

(5)Admission to any land shall not be demanded in the exercise of any right under subsection (3) unless 24 hours’ notice of the intended entry has been given to the occupier; but where such notice has been given on the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with the completion of the survey.

(6)The power to survey land under this section shall include power to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil or the presence of underground water therein or the quality or quantity of such water, and to reinstate the land after carrying out any such works.

(7)A person shall not carry out any works authorised by subsection (6) on land which is occupied unless at least seven days’ notice of his intention to do so has been given to the occupier of the land; and if the occupier of the land objects to the proposed works on the ground that the carrying out thereof would be seriously detrimental to the carrying on of any undertaking, trade or business carried on by him on that land, the works shall not be carried out except with the authority of the Secretary of State.

(8)If any damage or injury is caused by the escape of water from any land on which works have been carried out in pursuance of this section, not being damage in respect of which compensation is payable under section 10, nothing in this section shall be construed as exonerating [F118Scottish Water] from any liability in respect of that damage to which [F119it] would be subject if the works had been carried out otherwise than in the exercise of statutory powers.

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Amendments (Textual)

F115Words in s. 16(1)-(3)(8) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(9)(b), Sch. 14; S.I. 1996.323, art. 4(1)(c)(d), Sch. 2

F118Words in s. 16(8) substituted (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 13(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

Modifications etc. (not altering text)

17 Acquisition of water rights.S

(1)[F120Scottish Water]F121 may acquire by agreement rights to take water from any stream or other source F122. . .

(2)The Secretary of State may, on the application of [F123Scottish Water]F121, by order provide for the compulsorily acquisition by [F124it] of such rights to take water from any stream or other source as may be specified in the order; and the order may contain such incidental, consequential and supplementary provisions as the Secretary of State thinks necessary or expedient for the purposes of the order, and such provisions may (but without prejudice to the generality of this subsection) include provisions enabling [F125Scottish Water]F121 to carry on any business or trade ancillary to taking of water; and where such provisions include a provision requiring the payment of compensation, the amount of such compensation shall, in case of dispute, be settled in the manner provided by the Lands Clauses Acts with reference to taking of land otherwise than by agreement.

(3)Where the acquisition of water rights by [F126Scottish Water]F121 under this Part will result in the impounding of any stream—

(a)F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Secretary of State shall, in any order for the compulsory acquisition of such rights, prescribe the quantity of compensation water to be provided by [F128Scottish Water]F121, and shall incorporate in the order the appropriate provisions of [F129Part III of Schedule 4] subject to such modifications and adaptations as he thinks fit.

(4)Where the acquisition of water rights by [F130Scottish Water]F121 under this Part will, in the opinion of the Secretary of State, substantially reduce the flow of any stream—

(a)F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Secretary of State shall in any order for the compulsory acquisition of such rights prescribe the extent to which and the circumstances in which water may be taken.

(5)[F132Subject to subsections (5A) and (5B)] in assessing the quantity of compensation water to be provided under any such F133. . . order or in determining the extent to which and the circumstances in which water may be taken under any such F133. . . order, the Secretary or State shall have regard to all the circumstances of the particular case, including—

(a)the interests of public health;

(b)the character and flow of the stream;

(c)the extent to which the stream is or may in the future be used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply by other undertakers, agriculture, transport and navigation;

(d)the effect on land drainage or on any canal or inland navigation of any alterations in the flow of the stream;

and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings.

[F134(5A)Before making an order for the compulsory acquisition of water rights, and in considering the matters referred to in subsections (3) to (5), the Scottish Ministers shall–

(a)obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment (and in particular as to the extent to, and the circumstances in, which water may be taken and the quantity of compensation water to be provided); and

(b)have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

(5B)In the event that the provisions of an order for the compulsory acquisition of water rights which makes provision on matters relating to the protection of the water environment and the conditions of an authorisation granted under the Water Environment (Controlled Activities)(Scotland) Regulations 2005 differ, and cannot reasonably be reconciled, the relevant provisions of that order shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.]

(6)F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The provisions of Part I of Schedule 1 shall apply to the making of applications and orders under subsection (2).

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Amendments (Textual)

F122Words in s. 17(1) omitted (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV {para. 4(2)(a)} (with Sch. Pt. III para. 6)

F127S. 17(3)(a) and the following "or" omitted (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV {para. 4(2)(b)(i)} (with Sch. Pt. III para. 6)

F129Words in s. 17(3) substituted (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV {para. 4(2)(b)(ii)} (with Sch. Pt. III para. 6)

F131S. 17(4)(a) and the following "or" omitted (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV {para. 4(2)(c)} (with Sch. Pt. III para. 6)

F133Words in s. 17(5) omitted (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 2, Sch. Pt. IV {para. 4(2)(d)(ii)} (with Sch. Pt. III para. 6)

18 Compulsory acquisition of land for water works.S

(1)Subject to the provisions of this section, an order under section 17 may authorise [F136Scottish Water] to acquire compulsorily such land as may be necessary for the purposes of the order, being land which [F137Scottish Water]F138 could be authorised to acquire under [F139section 47 of the Water Industry (Scotland) Act 2002 (asp 3)] .

(2)The provisions of Schedule 2 shall have effect in relation to an order under section 17 which authorises any such acquisition of land.

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Amendments (Textual)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140S

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Amendments (Textual)

F14120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

[F14221 Power to carry out works.S

[F143(1)]Without prejudice to any other powers which [F144it] may have, [F145Scottish Water] may, for the purposes of providing a supply of water under this Act and subject to its provisions—

(a)construct, alter, acquire by purchase, lease or otherwise, or renew or maintain, waterworks;

(b)so acquire any undertaking belonging to persons, F146. . . , who are supplying or are authorised to supply water;

(c)so acquire premises to be used for the purposes of [F147Scottish Water] and maintain such premises;

(d)contract with any person for a supply by him of water in bulk or otherwise; or

(e)erect and maintain a house for the use of a person employed by [F148it] for the purposes of [F149its] undertaking.

[F150(2)For the avoidance of doubt, all waterworks constructed in pursuance of subsection (1) above (whether before or after the commencement of this subsection)vest in Scottish Water.]]

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Amendments (Textual)

F142S. 21 substituted (1.4.1996) by 1994 c, 39, s. 108 (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1

22 Power to break open streets.S

The provisions of Part I of Schedule 3 shall have effect in relation to the breaking open of [F151roads] by [F152Scottish Water]F153 for the purpose of carrying out any works which [F154it is] authorised to execute by or under this Act or any local enactment incorporating any provisions of Schedule 4.

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Amendments (Textual)

23 Power to lay mains, etc.S

(1)[F155Scottish Water] or F156 may for the purposes of [F157its] functions lay a main—

(a)in, under or over any [F158roads] or under any cellar or vault below any [F158roads] after giving reasonable notice to [F158

(i)where the road is a public road, the roads authority; and

(ii)in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the road,], and

(b)in, on or over any land not forming part of a [F159road], after giving reasonable notice to the owner and the occupier of that land;

and may from time to time inspect, repair, maintain, alter, or renew or may at any time remove a main previously laid whether by virtue of this section or otherwise.

[F160(1ZA)Section 192 of the Local Government (Scotland) Act 1973 (c.65)(service of notices) shall apply to notices served by Scottish Water under subsection (1) above relating to land as it applies to notices served by a local authority relating to premises.]

[F161(1A)If within two months after the service of a notice under subsection (1)(b) above the owner or occupier objects to [F162Scottish Water] about the proposed works (and that objection is not withdrawn), [F163Scottish Water] shall not proceed to lay the main but shall refer the matter by summary application to the sheriff, who may—

(a)grant consent to the proposed works, either unconditionally or subject to such terms and conditions as he thinks just; or

(b)withhold his consent;

and the decision of the sheriff on the matter shall be final.]

(2)Where [F164Scottish Water]F156 in the exercise of [F165its] powers under this section lay a main in, on or over any land not forming part of a [F166road], or inspect, repair, maintain, alter, renew or remove a main laid in or over any such land, [F167it] shall from time to time pay compensation to every person interested in that land for any damage done to or injurious affection of that land by reason of the laying, inspection, repair, maintenance, alteration, renewal or removal of the main; and any question as to the amount of compensation to be paid under this subsection shall, in case of dispute, be determined by arbitration.

(3)[F168Scottish Water]F156 may erect and maintain in any [F169road] notices indicating the position of underground water fittings used for controlling the flow of water through [F170its] mains whether laid by virtue of this section or otherwise and may affix such a notice to any house or other building, or any wall or fence.

[F171(4)In the case of works in respect of which notice is required to be given under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of road works), notice duly given to a person in accordance with that section and section 156 of that Act (service of notice) shall be treated as reasonable notice for the purposes of subsection [F169(1)(a)] above.]

[F172(5)For the avoidance of doubt, all mains laid in pursuance of subsection (1) above (whether laid before or after the commencement of this subsection) vestin Scottish Water.]

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Amendments (Textual)

F169Words in s. 23(3)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(14(c)(ii)(d); S.I. 1996/323, art. 4(1)(c)

24 Communication and supply pipes.S

(1)Where a service pipe is required to be laid for the purpose of supplying water to premises for domestic purposes, the water authority providing the supply shall lay the communication pipe and also so much of the supply pipe as is to be laid in a [F173road].

(2)The provisions of Part II of Schedule 3 shall apply to all water authorities.

(3)All communication pipes whether laid before or after the commencement of this Act shall vest in the water authority and the authority shall at their own expense carry out any necessary work of maintenance, repair or renewal of such pipes and any work on their mains incidental thereto.

(4)The water authority shall also carry out any such necessary works in the case of so much of any supply pipe as is laid in a [F173road][F174and is not, by virtue of any of subsections (5) to (8) below, vested in them] and may recover from the owner of the premises the expenses reasonably incurred by them in so doing, but without prejudice to the rights and obligations as between themselves of the owner and the occupier of the premises [F175and to the terms and conditions of any such agreement as is mentioned in subsection (8) below].

[F176(5)Where the laying of a supply pipe is completed after such day as the Secretary of State may under this subsection by order appoint, so much of that pipe as may lie between a communication pipe with which it connects and the curtilage of the premises supplied shall, on such completion, vest in the water authority in whom is vested the communication pipe as shall any apparatus used wholly or mainly in connection with that supply pipe; and a supply pipe in so far as so lying is, together with any apparatus so used in connection with it, referred to in the following provisions of this section as a “relevant supply pipe”.

(6)Subject to subsection (7) below, on such day as the Secretary of State may by order appoint, a relevant supply pipe which is not then vested in any water authority (and whose laying is complete) shall vest in the water authority in whom the communication pipe is vested.

(7)Subsection (6) above shall have no effect in relation to any relevant supply pipe in respect of which notice is both given and not withdrawn, within the period of three months before the day appointed under that subsection—

(a)to the water authority in question by the person (or as the case may be any one of the persons) in whom the pipe is, or will immediately before that day be, vested stating that he does not wish the pipe to vest in the water authority under that subsection; or

(b)to such person (or as the case may be persons) by the water authority stating that the pipe is inappropriate for the purpose of supplying water to the premises, whether by reason of its state of repair or otherwise,

but at any time after the appointed day the person, or as the case may be persons, in whom the pipe is vested may by notice specify a day on which he desires (or they desire) that the pipe shall vest in the authority and if the pipe is on that specified day appropriate for the purpose of supplying water to the premises it shall vest accordingly.

(8)If a relevant supply pipe does not vest in a water authority by virtue of subsection (6) or (7) above, the pipe may nevertheless vest by agreement in the authority—

(a)on such terms and conditions; and

(b)as from such day after the appointed day,

as the person (or persons) and the water authority consider appropriate.

(9)The water authority shall, at their own expense, carry out any necessary work of maintenance, repair or renewal of relevant supply pipes vested in them by virtue of any of subsections (5) to (7) above; but this subsection is without prejudice to the terms and conditions of any such agreement as is mentioned in subsection (8) above.

(10)Any dispute arising under subsection (7) above as to whether—

(a)a notice under paragraph (b) of that subsection should be withdrawn as unjustified;

(b)apparatus is used wholly or mainly in connection with a supply pipe; or

(c)on a specified day a relevant supply pipe is appropriate for the purpose of supplying water to the premises,

shall be referred by the person or persons in whom the pipe is vested to the Secretary of State, who may determine the dispute himself or, if he thinks fit, refer it for determination by arbitration.]

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Amendments (Textual)

F174Words in s. 24(4) inserted (1.4.1996) by 1994 c. 39, s. 110(a)(i) (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1

[F17724A Keeping of map showing water mains, etc.S

(1)[F178Scottish Water] shall keep deposited at [F179its] principal office a map showing and distinguishing so far as is reasonably practicable all water mains, communication pipes and supply pipes which are vested in [F180it] by virtue of this Act or of [F181the Water Industry (Scotland) Act 2002 (asp 3)]; and [F182Scottish Water] shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as [F182Scottish Water] may determine.

(2)[F183Scottish Water] shall keep deposited at such of [F184its] offices, other than [F184its] principal office, as [F185it considers] appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and [F186Scottish Water] shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, [F187it does] in relation to the map mentioned in that subsection at [F184its] principal office.

(3)For the purposes of subsection (2) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to [F188Scottish Water] to be appropriate having regard to the geographical location of that office.]

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Amendments (Textual)

[F18924B Works in connection with meteringS

(1)This section applies where, in relation to any premises (“the premises concerned”), the conditions specified in subsection (2) are satisfied.

(2)The conditions referred to in subsection (1) are that—

(a)Scottish Water is supplying or proposes to supply water to the premises,

(b)such supply is or is to be by meter, and

(c)there is a service pipe which is connected with a water main vested in Scottish Water and by which a supply of water is or could be provided to those premises.

(3)Where this section applies, Scottish Water may serve a notice on the owner of the premises concerned requiring the execution, within such period of not less than 3 months as the notice shall specify, of such of the works mentioned in subsection (4) as the notice may specify.

(4)The works referred to in subsection (3) are, in relation to the premises concerned—

(a)works consisting of the installation and connection of any meter for use in determining the quantity of water supplied to the premises,

(b)where a supply of water is or could be provided by the service pipe referred to in subsection (2)(c) to other premises as well as the premises concerned, works consisting of the installation, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for the premises concerned, but only to the extent that such a pipe will constitute a supply pipe and is not required to be laid in a road,

(c)works for the purpose of maintaining, repairing, disconnecting or removing—

(i)any meter which has been installed for use in determining the quantity of water supplied to the premises, or

(ii)any pipes or apparatus installed in the course of any works specified in this section, and

(d)any other works appearing to Scottish Water to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c), including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.

(5)In the case of any of the works mentioned in paragraph (a) of subsection (4) and paragraph (c)(i) of that subsection so far as relating to maintenance and repair of a meter, Scottish Water may execute the works itself instead of requiring the owner, under subsection (3), to execute the works.

(6)If an owner upon whom a notice has been served under subsection (3) fails to comply with it, Scottish Water may itself execute the works which the owner was required by the notice to execute.

(7)Where Scottish Water has served a notice under that subsection requiring the execution of the works mentioned in paragraph (b) of subsection (4), it shall, within 14 days after those works have been executed, lay so much of the separate service pipe referred to in that paragraph as will constitute a communication pipe or a supply pipe to be laid in a road and shall make all necessary connections.

(8)Scottish Water may recover from the owner of the premises concerned any expenses reasonably incurred by it in executing any works under subsection (5), (6) or (7).

(9)Subsection (8) is without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.]

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Amendments (Textual)

25 Power of authority to provide public wells.S

(1)A [F190local authority] or [F191 Scottish Water] may construct and maintain public pumps, wells, stand-pipes or other works for supplying water for the use of the inhabitants within their [F190area] or, as the case may be, [F192its] limits of supply.

(2)[F193A local authority] may erect and maintain or authorise to be erected and maintained in any [F194road] or public place within their area F195 any drinking fountain or trough; but [F196where the Secretary of State is the roads authority][F197there shall be no such erection by the [F198the local authority] without [F199his] consent] which consent shall not be unreasonably withheld.

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Amendments (Textual)

26 Power to close, or restrict use of, wells.S

If a [F200local authority][F201are or Scottish Water is] satisfied that—

F202(a)any public well, drinking fountain or other work within their [F200area] or, as the case may be, [F203its] limits of supply and vested in them [F204or, as the case may be, it] or any work constructed under section 25 is no longer required, or

(b)the water obtained therefrom is so polluted as to be injurious or dangerous to health and that it is not reasonably practicable to remedy the cause of the pollution,

they may close the well, fountain or other work or restrict the use of the water obtained from it.

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Amendments (Textual)

F202By Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 21(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3), it is provided that the words "or, as the case may be, it" be inserted after "they" in s. 26(a) (1.4.2002)

27 Power to close, or restrict use of water from, polluted source.S

(1)If [F205a local authority] are of opinion that the water in or obtained from any source of supply not vested in them, being water which is or is likely to be used within their area F206 for domestic purposes or in the preparation of food or drink for human consumption, is or is likely to become so polluted as to be injurious or dangerous to health, [F205they] may apply to the sheriff who, after giving the person to whom the source of supply belongs and any other person alleged to have control of the source of supply an opportunity of being heard, may make—

(a)an order directing the source of supply to be permanently or temporarily closed or cut off, or

(b)an order directing the water from the the source of supply to be used for certain purposes only, or

(c)such other order as appears to him to be necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared with or from the water.

(2)The sheriff shall hear any person using the water who claims to be heard and may cause the water to be analysed and examined at the cost of the [F205local authority].

(3)If a person on whom an order is made under this section fails to comply with it the sheriff may, on the application of the [F205local authority], authorise [F205them] to do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by [F205them] in so doing may be recovered by them from the person in default.

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Amendments (Textual)

28 Water works code.S

(1)For the purpose of enabling [F207Scottish Water]F208 to supply water under this Part the following provisions of Schedule 4 shall, subject to any necessary modifications, apply to this Part, that is to say—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

(b)Part V;

(c)Part VII;

(d)Part VIII; and

(e)sections 40, 41 and 45 of Part IX.

(2)For the purposes of construction of any reservoir, filter or distribution tank or works connected therewith, sections 25 to 37 of the M2Railways Clauses Consolidation (Scotland) Act 1845 (which relate to the temporary occupation of lands near the railway during its construction) shall apply to this Part subject to the modifications that for references to the company, to the railway and to the centre of the railway there shall be substituted respectively references to [F210Scottish Water]F208, to the reservoir, filter, distribution tank or works and to the boundaries of the reservoir, filter, distribution tank or works, and for any reference to a justice or justices there shall be substituted a reference to the sheriff, and the prescribed limits shall be 200 yards from such boundaries.

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Amendments (Textual)

Marginal Citations

29 Applications of enactments by order.S

(1)The Secretary of State may by any order under section F211. . . 17 apply to any water undertaking to which the order relates such of the provisions contained in Schedule 4 as appear to him to be appropriate, subject to such modifications and adaptations as may be specified in the order.

(2)The Secretary of State may at any time by order apply the provisions of Schedule 4 or any of them to the undertaking of [F212Scottish Water]F213, subject to such modifications and adaptations as may be specified in the order, and may by the order repeal any provision previously applicable to the undertaking to the extent to which it appears to him, having regard to the provisions of this Act which apply or are applied by the order to the undertaking, to be no longer required, or amend any provision previously applicable to the undertaking to any extent which appears to him necessary to bring it into conformity with the said provisions of this Act.

(3)The provisions of Part I of Schedule 1 shall apply to an order made under subsection (2) on the application of [F214Scottish Water] , and the provisions of Part II of that Schedule shall apply to an order so made without any such application.

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Amendments (Textual)

F21530. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

31 Consultation with authorities in England.S

(1)Where the limits of supply of [F216Scottish Water] adjoin any part of England and it appears to [F217Scottish Water] that there may be water in watercourses or underground strata in that part of England, or in the limits of supply, which could be transferred from that part of England to the limits of supply, or from the limits of supply to that part of England, as the case may be, [F218Scottish Water] shall, insofar as [F219it considers] it appropriate to do so, consult with

[F220(a)]the [F221water undertakers] and other appropriate authorities in that part of England with a view to securing the best use of that water in the public interest [F222; and

[F223(b)the Scottish Environment Protection Agency.]]

(2)In subsection (1) the reference to water in underground strata shall be construed as a reference to water contained in strata subjacent to the surface of any land otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata.

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Amendments (Textual)

32 Power of water undertakers to supply water to water authorities.S

(1)Any person supplying water, whether under statutory powers or not, may—

(a) contract to supply water to [F224Scottish Water]; or

(b)F225 sell or lease to [F224Scottish Water] all or any of his waterworks and all his rights, powers and privileges attaching thereto but subject to all liabilities attaching thereto.

F226(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

33 Temporary discharge of water into watercourses.S

(1)Subject to this section [F227where Scottish Water is carrying out or is] about to carry out the construction, alteration, repair, cleaning or examination of any reservoir, well or borehole, line of pipes or other work forming part of [F228its] undertaking [F229, it] may cause the water therein to be discharged into any available watercourse, and for that purpose may lay and maintain in any [F230road] or in any land not forming part of a [F230road], F231. . . F232, all necessary discharge pipes and apparatus; and such statutory provisions with respect to the breaking open of [F230roads] as are applicable to [F233Scottish Water]F232 shall, with any necessary modifications and adaptations, apply accordingly.

(2)The power conferred by subsection (1) to lay and maintain discharge pipes and apparatus in land, other than land forming part of a [F234road], shall not be exercised unless reasonable notice has been given to the owner and the occupier of that land.

(3)Except in a case of emergency and except insofar as may be otherwise agreed in writing between [F235Scottish Water]F236 and the authority or board concerned, [F235Scottish Water]F236 shall—

(a)not less than seven days before commencing to discharge any such water through a pipe exceeding nine inches in diameter, give notice of [F237its] intentions

[F238(i)]to the fishery district board of any fishery district within which

F239(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any watercourse into which the water is to be discharged is situated; [F240and

(ii)to the Scottish Environment Protection Agency.]

(b)have due regard to any representations which may be made to [F241it] as to the time, mode and rate of discharge with a view to avoiding or minimising injury or inconvenience therefrom; and

(c)where the water is to be discharged into any river, canal or other inland navigation in respect of which a navigation authority exercise functions, not discharge the water without the written approval of the navigation authority, or except at such times as that authority may approve and in a manner approved by [F242it] as not likely to injure the river, canal or navigation or the banks thereof, or interfere with traffic thereon.

(4)Whenever [F243Scottish Water proposes] to discharge water on a number of occasions during a period, the giving by [F244it] of a general notice to that effect, accompanied by such particulars as it is reasonably practicable for [F244it] to give, shall constitute sufficient compliance by [F245it] with the provisions of subsection (3)(a).

(5)In the case of a river, subsection (3)(c) shall not apply if the point of discharge into the river is more than three miles above the limits within which the navigation authority exercise jurisdiction.

(6)An approval under subsection (3)(c)—

(a)shall not be withheld unreasonably, and any question whether it is withheld unreasonably or not shall be determined by the Secretary of State;

(b)shall be deemed to have been given unless notice of disapproval is given to [F246Scottish Water]F247 within seven days after the making of the application for the approval.

(7)If [F248Scottish Water is] requested by—

(a)the owner or occupier or any land which abuts on a watercourse at a point within three miles of any work of [F249Scottish Water]F247 from which water may be discharged into that watercourse under this section, or

(b)the clerk to any association of mill owners any of whose constituent members is such an owner or occupier, or

(c)the owner or occupier of a salmon fishing on a watercourse at such a point if such watercourse is within a fishery district for which no fishery district board has been constituted,

to register him for the purposes of this section, [F249Scottish Water]F247 shall enter his name and address in a register kept by [F250it] for the purpose and, so long as his name and address appear in the register, shall, except in a case of emergency and except insofar as may be otherwise agreed with him in writing, and unless the point at which the water is to be discharged is situated downstream of the land in respect of which he is so registered, send to him in respect of that watercourse the like notices as [F251it is](in the absence of any emergency or agreement to the contrary) required under subsection (3)(a) to send to a fishery district board.

(8)Except insofar as may be otherwise agreed in writing, where [F252Scottish Water discharges] water during an emergency, [F253it] shall forthwith give to the boards, authorities and persons registered under subsection (7) notice of such discharge and such further particulars relating to it as may reasonably be required.

(9)[F254Scottish Water]F247 shall take all necessary steps to secure that any water discharge by [F255it] under the provisions of this section shall be as free as reasonably practicable from mud and silt, from solid, polluting offensive or injurious matter and from any matter prejudicial to fish or spawn or to spawning beds or food of fish.

(10)A power conferred by this section shall not be exercised so as to damage or injuriously affect any works or other property of a railway company or navigation authority or so as to flood or damage any [F256public road].

(11)In the exercise of the powers conferred by this section [F257Scottish Water]F247shall do as little damage as possible and shall pay compensation to all persons for any damage sustained by them or liability to which they may become subject by reason of the exercise of those powers; and for the purposes of this subsection any extra expenditure which it becomes reasonably necessary for any public authority to incur for the purpose of properly discharging their statutory functions shall be deemed to be damage sustained by them.

(12)Any question as to the amount of the compensation to be paid under subsection (11) shall in case of dispute be determined by arbitration.

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Amendments (Textual)

F240S. 33(3)(a): sub-para. (ii) and preceding word "and" inserted at the end of para. (a) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 34(3)(b); S.I. 1996/186, art. 3

34 Persons supplying water to supply to authority.S

Any person supplying water within the limits of supply of [F258Scottish Water] shall furnish such supply to [F259Scottish Water] as [F260it] may require and as it is reasonably practicable for that person to provide, and that on such terms and conditions as may be agreed between him and [F261Scottish Water] ; and, if they fail to agree, the amount of the supply and terms and conditions of the supply shall be determined by the Secretary of State or if he thinks fit, referred for determination to an arbiter appointed by him.

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Amendments (Textual)

35 Power to supply water fittings.S

(1)[F262Scottish Water] may, on the request of any person to whom [F263it supplies or proposes] to supply water, supply to him F264 any such water fittings as are required or allowed by [F265its] byelaws and may, on such request, install, repair or alter (but not manufacture) any such water fittings, whether supplied by [F266it] or not, and may provide any materials and do any work required in connection with installation, repair or alteration of water fittings.

[F267Scottish Water] may make such charges as may be agreed, or in default of agreement as may be reasonable, for any fittings supplied, or any materials provided or work done under this subsection, and may recover such charges.

(2)If any fittings [F268supplied otherwise than by sale] by [F269Scottish Water] bear either a distinguishing plate affixed thereto, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating [F269Scottish Water] as the actual owners of the fittings, those fittings—

(a)shall, notwithstanding that they fixed to some part of the premises in which they are situated or that they be laid in the soil thereunder, continue to be the property of, and removable by, [F270Scottish Water] ; and

(b)shall not be subject to [F271any] diligence or to the landlord’s hypothec for rent, or be liable to be taken under any process of law or in any proceedings in bankruptcy against the persons in whose possesion they may be.

(3)Nothing in subsection (2) shall affect the valuation for rating of any lands and heritages.

F272(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F273(5)If any person—

(a)so interferes with a meter used by [F274Scottish Water] in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to those premises; or

(b)carries out, without the consent of [F275Scottish Water] , any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter; or

(c)otherwise wilfully or negligently injures or suffers to be injured any water fitting belonging to [F274Scottish Water] ,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

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Amendments (Textual)

F268Words in s. 35(2) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11, Pt. IV, para. 30 (b) (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(b)

36 Power to execute work on behalf of owner or occupier.S

[F276Scottish Water] may by agreement with the owner or occupier of any premises execute at his expense any work in connection with the laying, maintenance, repair, alteration, renewal or removal of any water pipe, cock or meter which he is required or entitled to execute by or under this Act or any local enactment incorporating any provisions of Schedule 4, and for that purpose shall have all such rights as he has and may provide necessary materials.

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Amendments (Textual)

37 Power to require occupier to permit works to be executed by owner.S

If on a complaint by the owner of any premises it appears to the sheriff that the occupier of those premises prevents the owner from executing any work which he is required to execute by or under this Act or any local enactment incorporating any provisions contained in Schedule 4 or by or under any byelaws made under this Act or under any such enactment, the sheriff may authorise the owner to enter for the purpose of executing the work.

38 Entry of premises.S

(1)Subject to the provisions of this section, an authorised officer of [F277Scottish Water]F278 shall, on producing if so required some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—

[F279(aa)where the conditions set out in subsection (2) of section 24B are satisfied in relation to the premises, for the purpose of carrying out any survey or tests to determine—

(i)whether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (4) of that section is practicable,

(ii)whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out, or

(iii)how any works specified in that subsection should be carried out;

(ab)for the purpose of inspecting, examining or testing—

(i)any meter which is on the premises and which is used by Scottish Water for measuring the quantity of water supplied, or

(ii)any pipes or apparatus installed in the course of any works which were carried out for any purpose which is connected with the installation, connection, testing, maintenance or repair of any such meter;

(ac)for the purpose of ascertaining from any such meter the quantity of water supplied to the premises;]

(b)for the purpose of ascertaining whether there is or has been on or in connection with the premises any contravention of the provisions of this Act or of any byelaws made thereunder;

(c)for the purpose of ascertaining whether or not circumstances exist which would authorise [F280Scottish Water]F278 to take any action or execute any work under this Act or any such byelaws;

(d)for the purpose of taking any action or executing any work authorised or required by this Act or any such byelaws to be taken or executed by [F280Scottish Water]F278.

(2)Admission to any premises, not being a factory within the meaning of the M3Factories Act 1961 or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.

(3)If it is shown to the satisfaction of the sheriff, or a justice having jurisdiction in the place, on a sworn information in writing—

(a)that admission to any premises which any person is entitled to enter by virtue of such a right of entry has been refused to that person, or that refusal is apprehended, or that the premises are unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, or that the application for admission would defeat the object of the entry; and

(b)that there is reasonable ground for entry into the premises for any purpose for which the right of entry is exercisable;

the sheriff or justice may by warrant under his hand authorise that person to enter the premises if need be by force:

Provided that such a warrant shall not be issued unless the sheriff or justice is satisfied either that notice of intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.

(4)Any person entitled to enter any premises by virtue of such a right of entry, or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(5)Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(6)If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted into any premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be liable in respect of each offence—

(a)on summary conviction, to a fine not exceeding [F281the statutory maximum] or to imprisonment for a term not exceeding three months or to both such fine and imprisonment;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(7)Any person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this Act or by a warrant issued under this section shall in respect of each offence be liable on summary conviction to a fine not exceeding [F282level 3 on the standard scale].

(8)This section, except subsection (6), shall not apply to any right conferred by section 93.

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Amendments (Textual)

F282Words in s. 38(7) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289G, 289H, Sch. 7D (as inserted by Criminal Justice Act 1982 (c. 48), s. 54, Sch. 6, which Sch. 6 was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and those same words substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

Modifications etc. (not altering text)

Marginal Citations

Part IVS Finance

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283S

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Amendments (Textual)

F28440. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F28541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

[F28641A Supply of water by meter.S

The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon—

(a)the payment by the occupier of any reasonable charges made by [F287Scottish Water] under section 35 of this Act; and

(b)the acceptance by him of such reasonable terms and conditions as may be published by [F288Scottish Water] under section 55(1) of this Act,

and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration.]

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Amendments (Textual)

F286S. 41A substituted (1.4.1996) by 1994 c. 39, s. 112 (with s. 74(4)); S.I. 1996/323, art. 4(1)(c)

F28942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F29043. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

44, 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291S

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Amendments (Textual)

F29246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

47 Domestic water rate in certain cases.S

[F293(1)Subject to section 41A of this Act, no charge shall be fixed, demanded or recovered for a supply of water to premises to which a water authority were, immediately before 16th May 1949, by virtue of any enactment or agreement, under an obligation to provide such a supply free of charge.]

(2)Where by virtue of any local enactment in force immediately before 16th May 1949 the domestic water rate was [F294, for a period specified in that enactment, leviable in any area so specified] at an amount per pound determined by the local enactment (whether as an amount per pound [F294so specified] or as an amount per pound being a proportion so specified of the amount per pound at which the domestic water rate would otherwise be payable, or otherwise), [F295any charge payable in the area in question for a supply of water in any period commencing after 31st March 1996 (the “transfer date” for the purposes of Part II of the Local Government etc. (Scotland) Act 1994 and of this subsection) shall, during the period so specified, bear the same proportion to the charge which (but for this subsection) would be payablefor that supply under a charges scheme, as the non-domestic water rate payable there as at the transfer date by virtue of the local enactment and of this subsection (as it had effect on the transfer date) bore to the non-domestic water rate which would otherwise have been payable.]

(3)[F296Where, by virtue of any enactment or agreement in force immediately before 16th May 1949, a water authority were under an obligation to provide a supply of water to any premises] on terms more favourable to the person having the vested interest in the obligation than those which, apart from the obligation, would have been applicable under the enactments in force immediately before that date relating to the supply of water by the authority in the limits of supply in which the premises are situated, F297 the supply shall continue to be provided on the following, and no other, terms, that is to say—

(a)where immediately before 16th May 1949 there was leviable under such an enactment a rate other than a public water rate, on such terms as may be agreed between the authority and the person having the vested interest in the obligation;

(b)in any other case on the terms on which immediately before that date it was provided under the enactment or agreement.

(4)In determining for the purposes of the foregoing provisions of this section whether a supply of water provided under any enactment or agreement in force immediately before 16th May 1949 was provided free of charge or was such a supply as is mentioned in subsection (3), or in determining the sum which by virtue of that subsection is to be paid in respect of such a supply, no account shall be taken of any public water rate levied under any such enactment in respect of the premises so supplied or of any undertaking (other than an undertaking to pay a rate or a charge) entered into by the person having the vested interest in the obligation in consideration of which the supply was provided.

(5)Any question arising under this section whether a water authority are required to provide a supply of water free of charge, or whether a supply is such a supply as is mentioned in subsection (3), or as to the terms on which a supply was provided immediately before 16th May 1949, or on which by virtue of this section a supply is to continue to be provided or otherwise, shall, in default of agreement, be referred to the Secretary of State, and the Secretary of State may determine it himself or, if he thinks fit, may refer it for determination by arbitration.

(6)In this section the expression “public water rate” means in relation to any supply any rate called the public water rate in the local enactment by virtue of which the supply is provided on special terms.

[F298(7)Nothing in subsection (1) shall be construed as continuing any exemption, and nothing in subsection (3) as continuing any advantage, where under the enactment or agreement in question the obligation which gives rise to the exemption or advantage ceases to exist.]

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Amendments (Textual)

F29948. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F30049. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

50 Power to require supply by meter.S

[F301(1)][F302Scottish Water] shall not be bound to supply with water otherwise than by meter—

(a)any premises whereof part is used as a dwelling house and part for any business, trade or manufacturing purpose for which water is required;

(b)any public institution, hospital, asylum F303. . . , sanatorium, school, club, hostel, camp, assembly hall, place of public entertainment, hotel or restaurant or any licensed premises for which a licence is required under the M4Licensing (Scotland) Act [F3042005 (asp 16)] ;

[F305(bb)accommodation provided by a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8);]

(c)any boarding-house capable of accommodating 12 or more persons, including the persons usually resident therein; F306. . .

(d)any premises which are used solely for business, trade or manufacturing purposes and in which a supply of water for domestic purposes only is required.[F307; or

(e)any other premises specified, or of a description specified, in an order made by the Scottish Ministers.

(2)Before making an order under subsection (1)(e) the Scottish Ministers shall consult such persons as they think fit.

(3)The power to make such an order shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

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Amendments (Textual)

Marginal Citations

51 Power to require supplies for refrigerating apparatus, etc., to be taken by meter.S

Where a person who takes a supply of water for domestic purposes from [F308Scottish Water] otherwise than by meter desires to use any of the water so supplied—

(a)for operating a water-cooled or refrigerating apparatus;

(b)for operating any apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating the water; or

(c)for cleaning, regenerating or supplying motive power to an apparatus used for softening water,

[F309Scottish Water] may require that all water so supplied shall be taken by meter.

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Amendments (Textual)

52 Power to require supply for hose pipe to be taken by meter.S

Where water which [F310Scottish Water supplies] for domestic purposes is used by means of a hosepipe or similar apparatus for watering a garden or for horses, washing vehicles or other purposes in stables, garages or other premises where horses or vehicles are kept, [F311Scottish Water] may require that all water so supplied shall be taken by meter.

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Amendments (Textual)

53 Provision as to supply to tents, vans, sheds, etc.S

(1)No person shall be entitled to demand or to continue to receive from [F312Scottish Water] a supply of water to any habitation to which this subsection applies unless he has—

(a)agreed with [F313Scottish Water] to take a supply of water by meter and to pay to [F314it] such minimum annual sum as will give [F314it] a reasonable return on the capital expenditure incurred by [F314it] in providing the required supply and will cover other standing charges incurred by [F314it] in order to meet the possible maximum demand for his habitation, and will yield a reasonable return on the cost of the water supplied; and

(b)secured to the reasonable satisfaction of [F315Scottish Water] by way of deposit or otherwise, payment of such a sum as may be reasonable having regard to his possible maximum demand for water.

The annual sum to be so paid and the security to be so given shall be determined, in default of agreement, by the sheriff, whose decision shall be final.

(2)The habitations to which subsection (1) applies are tents, vans or other conveyances, whether on wheels or not, and sheds or similar structures.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F316

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Amendments (Textual)

54 Register of meter to be evidence.S

(1)Where [F317Scottish Water supplies] water by meter, the register of the meter shall be [F318sufficient] evidence of the quantity of water supplied

F319(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the meter on being tested is proved to register incorrectly to any degree exceeding five per cent—

(a)the meter shall be deemed to have registered incorrectly to that degree since the last occasion but one before the date of the test on which a reading of the index of the meter was taken by [F320Scottish Water] , unless it is proved to have begun to register incorrectly on some later date; and

(b)the amount of any refund to be made to, or of any extra payment to be made by, the consumer shall be paid or allowed by [F320Scottish Water] or paid by the consumer, as the case may be, F321.

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Amendments (Textual)

55 Charges for water supplied by meter.S

(1)[F322Scottish Water] shall prepare and maintain a schedule of the terms and conditions [F323, other than as respects charges,] on which [F324it is] prepared in general to give a supply of water by meter or otherwise, and that schedule shall be published in such manner as in the opinion of [F325Scottish Water] will secure adequate publicity for it.

(2)Nothing in the foregoing subsection shall be construed as prejudicing the rights or duties under section 9 of [F326Scottish Water] or of any person supplied or proposed to be supplied by [F327it] under that section.

(3)F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

56 Provisions as to supply of water to agricultural subjects.S

(1)Where a supply of water for purposes other than domestic purposes is provided for premises being agricultural lands and heritages, [F329Scottish Water] shall require the supply to be taken either by meter or on other specified terms as [F330it] may from time to time in [F331its] discretion determine.

(2)Where [F332Scottish Water supplies] water by meter for purposes other than domestic purposes to any premises being agricultural lands and heritages and also [F333supplies] water for domestic purposes to any dwelling house comprised in such premises, [F334Scottish Water] shall, if it is reasonably practicable so to do, provide the whole supply of water to such premises and dwelling house through a single meter.

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Amendments (Textual)

F332Words in s. 56(2) substituted (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 38(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

[F33556A Regulations as to meters.S

The Secretary of State may make regulations under this Act as to the installation, connection, use, maintenance, authentication and testing of meters, and as to any related matters.]

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Amendments (Textual)

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F336S

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Amendments (Textual)

58 Termination of right to supply of water on special terms.S

(1)Where by virtue of any enactment including any enactment in this Act) or of any agreement [F337Scottish Water is] under an obligation to which this section applies, [F338Scottish Water] and the person having the vested interest in the obligation may F339 enter into an agreement to terminate the obligation on such terms and conditions as to compensation or otherwise as they may agree; and any such agreement shall be enforceable against any person deriving title from the person who entered into the agreement.

(2)The Secretary of State may, on the application of [F340Scottish Water] and after affording to the person having the vested interest in the obligation an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, by order provide for the termination compulsorily of an obligation to which this section applies on payment of compensation, the amount of which shall, in default of agreement, be determined in manner provided by the Lands Clauses Acts with references to the taking of lands otherwise than by agreement, and the order may contain such incidental, consequential and supplementary provisions, including provisions for the amendment and repeal of any local enactment, as the Secretary of State thinks necessary or expedient.

(3)The amount of the compensation to be paid under subsection (2) shall be assesed by reference to the value of the rights secured under the obligation as at the date of the making of the order, and in assessing that value regard shall be had to [F341the amount of any charge][F342for a supply of water] which may reasonably be expected to become payable as a result of the termination of the obligation.

(4)This section applies to any obligation on the part of [F343Scottish Water] providing to any person other than a [F344local authority]. . . a supply of water (whether for domestic purposes or for purposes other than domestic purposes) to provide that supply free of charge or on terms more favourable to the person having the vested interest in the obligation than those which apart from the obligation would be applicable.

(5)[F345Scottish Water] shall record in the appropriate Register of Sasines any agreement entered into or order made under the foregoing provisions of this section terminating an obligation to which this section applies if the obligation was itself recorded in the Register of Sasines.

(6)F346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An obligation to furnish a supply of water or to grant a wayleave for pipes or to give any other benefit or advantage to [F347Scottish Water] entered into in consideration of an obligation to which this section applies shall not be deemed to be terminated by reason only of the termination under this section of the last mentioned obligation.

F348(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

59 Limitation of liability of water authority to supply water on special terms.S

(1)Notwithstanding anything in any such obligation as is mentioned in section 58(4) [F349Scottish Water] shall not be liable under the obligation to provide to any premises in any year a quantity of water greater than the quantitiy supplied thereto in the year immediately preceding 27th October 1948, or to provide to any premises not provided by them with a supply of water on that day a supply otherwise than on the terms on which the supply would, apart from the obligation, have been provided under the M5Water (Scotland) Act 1946 and the M6Water (Scotland) Act 1949.

(2)Any question arising under the foregoing subsection shall in case of dispute be determined by arbitration.

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Amendments (Textual)

Marginal Citations

F35060. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F35161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F352S

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Amendments (Textual)

Part VS Houses, Etc., to be Supplied with Water

63 Provision of water supply for new buildings and houses.S

(1)Subject to the provisions of this section, it shall be the duty of any person erecting or causing to be erected a building the erection of which is begun after 15th May 1946 to make adequate provision to the satisfaction of the local authority for a sufficient supply of wholesome water in pipes for the domestic purposes of the persons occupying or using the building.

[F353(1A)In determining adequacy for the purposes of subsection (1), the local authority shall consult, and have regard to the views of, [F354Scottish Water] .]

(2)In the case of a building being a factory within the meaning of the M7Factories Act 1961, other than a factory in which the production or the preparation of food or drink for human consumption is carried on by way of trade, where the Secretary of State, after consulting [F355Scottish Water] is satisfied—

(a)that [F356Scottish Water] would be unable to provide a sufficient supply of wholesome water in pipes for the purposes aforesaid without endangering [F357its] ability to meet existing obligations to supply water for any purpose or probable future requirements to supply water for domestic purposes or without having to incur unreasonable expense, and

(b)that it would not be reasonably practicable to obtain a sufficient supply as aforesaid from any other source,

it shall be a sufficient compliance with the requirements of this section if adequate provision is made to the satisfaction of the local authority for the installation of a sufficient supply of wholesome water in pipes for drinking, cooking and personal ablution and of a sufficient supply of suitable water in pipes for sanitary and other domestic purposes.

(3)Subject to, and without prejudice to the generality of, the provisions of this section, no person shall after 15th May 1946 erect or cause to be erected a house or shall use or permit to be used as a house any building the erection of which is begun after that date, unless there is provided within the house or building a sufficient supply of wholesome water for domestic purposes in pipes.

(4)For the purposes of this section a building or house shall be deemed to be erected where the building or house is re-erected after an outer wall of the building or house has been broken or pulled or burned down to within 10 feet of the surface of the ground adjoining the lowest storey.

(5)If any person contravenes any of the provisions of this section, [F358except section (1A),] he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F359level 3 on the standard scale] and in the case of a house or building being occupied as a house contrary to the provisions of subsection (3) he shall be liable to a further fine not exceeding £25 for each day on which the house or building is occupied as a house after conviction; and without prejudice to proceedings for the recovery of any such fine, the local authority may institute civil proceedings for the purpose of interdicting the occupation of any building in the case of which the provisions of subsection (1) are not complied with, or the occupation of a house as a house or the use of a building as a house in the case of which the provisions of subsection (3) are not complied with.

F360(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Marginal Citations

F36164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F36265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F36366. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F36467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

Part VIS Conservation and Protection of Water Resources

68 Agreements as to drainage.S

(1)[F365Scottish Water]F366 may enter into agreements—

(a)with the owners and occupiers of any land, in so far as their interest enables them to bind it, or

(b)with a [F367local authority],

with respect to the execution and maintenance by any party to the agreement of such works as [F368Scottish Water considers] necessary for the purpose of draining that land, or for more effectually collecting, conveying, or preserving the purity of, water which [F369it is] for the time being authorised to take:

Provided that where the execution of any such works would result in the discharge of water, otherwise than through public sewers, into any watercourse which is within a fishery district or is subject to the jurisdiction of a navigation authority or from which any public undertakers are authorised by any enactment to take or use water, [F370Scottish Water]F366 shall, before entering into the agreement, consult with the fishery district board or the navigation authority or the undertakers concerned.

(2)An agreement under this section with an owner of land shall, if it is so expressed therein, on being recorded in the appropriate Register of Sasines, be binding upon and enforceable against any person subsequently acquiring the land or any estate or interest therein.

F366F371(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F367Words in s. 68(1)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(35(a)(ii); S.I. 1996/323, art. 4(1)(c)

69 Power to restrict use of hose pipes.S

(1)If [F372Scottish Water is] of opinion that a serious deficiency of water available for distribution by [F373it] exists, or is threatened, [F374it] may for such period as [F375it thinks] necessary prohibit or restrict as respects the whole or any part of [F376its] limits of supply the use for the purpose of watering private gardens or washing private motor cars of any water supplied by [F373it] and drawn through a hosepipe or similar apparatus.

In this subsection the expression “private motor car” means a mechanically propelled vehicle intended or adapted for use on roads other than a public service vehicle [F377as defined in section 1 of the M8Public Passenger Vehicles Act 1981], or a goods vehicle [F377as defined in section 192(1) of the M9Road Traffic Act 1988], and includes any vehicle drawn by a private motor car.

(2)[F378Scottish Water] shall, before the prohibition or restriction comes into force, give notice by publication in two or more newpapers circulating within the area affected and by such other means as [F379it] may think proper of the prohibition or restriction and of the date when it will come into force.

(3)Any person who, while the prohibition or restriction is in force, contravenes its provisions, shall in respect of each offence be liable on summary conviction to a fine not exceeding [F380level 3 on the standard scale].

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Amendments (Textual)

Marginal Citations

70 Byelaws for preventing misuse of water.S

(1)[F381Scottish Water]F382 may make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by [F383it], and such byelaws may, without prejudice to the foregoing generality, include provisions—

(a)prescribing the size, nature, design, materials, strength and workmanship, and the mode of arrangement, connection, disconnection, alteration and repair of the water fittings to be used; and

(b)forbidding the use of any water fittings which are of such a nature or design or are so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water, or reverberation in pipes.

(2)If a person contravenes the provisions of any byelaw made under this section, [F384Scottish Water]F382 may, whether proceedings have been taken in respect of the offence or not, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the byelaws to be altered, repaired or replaced, and may recover the expenses reasonably incurred by [F385it] in so doing from the person in default.

(3)Nothing in this section, or in any byelaw made thereunder, shall apply to any fittings used on premises which belong to a railway company and are held or used by them for the purposes of their railway, so long as those fittings are not of such a nature or design or so arranged or connected as to cause or permit waste, undue consumption, misuse or contamination of water supplied by [F386Scottish Water] or board or reverberation in pipes:

Provided that the exemption conferred by this subsection shall not extend to fittings used in hotels or dwelling houses or in offices not forming part of a railway station.

[F387(4)Where [F388Scottish Water considers] that a byelaw made by [F389it] under this section ought not to operate in relation to any particular case or class of cases [F390it] may, with the consent of the Secretary of State, relax the requirements of, or dispense with compliance with, that byelaw accordingly:

Provided that [F391Scottish Water]F382 shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State—

(a)shall not give his consent before the expiration of one month from the giving of the notice; and

(b)shall, before giving his consent, take into consideration any relevant objection which may have been received by him.]

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Amendments (Textual)

Modifications etc. (not altering text)

C10S. 70 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)

71 Byelaws for preventing pollution of water.S

(1)If it appears to [F392Scottish Water]F393 to be necessary for the purpose of protecting against pollution any water whether on the surface or underground, which belongs to [F394it] or which [F395it is] for the time being authorised to take, [F396it] may by byelaws—

(a)define the area within which [F397it deems] it necessary to exercise control; and

(b)prohibit or regulate the doing within that area of any act specified in the byelaws.

Byelaws made under this section may contain different provisions for different parts of the area defined by the byelaws.

(2)Where an area has been defined by byelaws under this section, [F398Scottish Water] may by notice require either the owner or the occupier of any premises within that area to execute and keep in good repair such works as [F399it considers] necessary for preventing pollution of [F400its] water, and, if he fails to comply with any such requirement, he shall be liable on summary conviction to the same penalties as if he had committed an act prohibited by the byelaws:

Provided that an owner or occupier who considers that a requirement made on him under this subsection is unreasonable may, within 28 days after service on him of the requirement, appeal to the sheriff who may, if he decides that the requirement is unreasonable, modify or disallow the requirement.

(3)[F401Scottish Water] shall pay compensation to the owners and occupiers of, and other persons interested in, any premises within the area defined by byelaws made under this section in respect of—

(a)any curtailment or injurious affection of their legal rights by restrictions imposed by the byelaws; and

(b)any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by [F402Scottish Water] ;

and any question as to the amount of compensation to be paid shall in case of dispute be determined by arbitration.

In this subsection the expression “legal rights” includes the use of land in respect of which proceedings might have been taken by [F403Scottish Water] or otherwise under any public general Act or under byelaws made thereunder, but have not been so taken, either by reason of the character or situation of the land or for some other reason.

(4)Where any person has failed to comply with a requirement made on him under subsection (2) and either—

(a)he has not appealed to the sheriff against that requirement and the time for appealing has expired, or

(b)his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,

[F404Scottish Water] may, whether proceedings have been taken in respect of such failure or not, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by [F405it] in so doing from the person in default, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by [F404Scottish Water].

(5)F406. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section shall be construed as empowering [F407Scottish Water]F408 to make any byelaws restricting the rights of a navigation authority under any enactment.

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Amendments (Textual)

Modifications etc. (not altering text)

C11S. 71 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)

72 General provisions as to byelaws.S

(1)The Secretary of State shall be the confirming authority as respects byelaws made under either of the last two foregoing sections, and the provisions of Part IV of Schedule 1 shall apply to the making and confirming of such byelaws.

(2)It shall be the duty of [F409Scottish Water to enforce such] byelaws, so however that nothing in this subsection shall be construed as authorising [F410Scottish Water] to institute proceedings for any offence against those byelaws.

(3)Any such byelaws may contain provisions for imposing on any person contravening the bylaws a fine, recoverable on summary conviction, not exceeding the sum of [F411[F412level 5] on the standard scale] in respect of each offence, and in the case of a continuing offence a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.

[F413(3A)Subject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—

(a)within 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’sknowledge, or

(b)where such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.

(3B)No such proceedings shall be commenced more than 3 years after—

(a)the date of the commission of the offence, or

(b)in the case of a continuing offence, the last date on which the offence was committed.

(3C)Subsection (3) of section 136(time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for thepurposes of that section.

(3D)For the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date onwhich evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidenceof that fact.

(3E)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.]

(4)Any byelaw made under either of the last two foregoing sections shall cease to have effect on the expiration of the period of 10 years beginning with the date on which it was made; but the Secretary of State may by order extend the period during which any such byelaw is to remain in force.

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Subordinate Legislation Made

P1S. 72: power previously exercised by S.I. 1981/1801, 1988/327 and 1990/2250.

P2S. 72(4): s. 72(4) power exercised (12.11.1991) by S.I. 1991/2573

S. 72(4): s. 72(4) power exercised (20.11.1991) by S.I. 1991/2639

Amendments (Textual)

F411Words in s. 72(3) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G, 289H, Sch. 7D (as inserted by Criminal Justice Act 1982 (c. 48), s. 54, Sch. 6, which Sch. 6 was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and those same words substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

73 Power of Secretary of State to require the making of byelaws.S

(1)The Secretary of State may by notice require [F414Scottish Water]F415 to make byelaws under section 70 or 71 in relation to such matters as he may specify, and, in the case of byelaws made under section 71, he shall specify the area for which the byelaws are to be made, and if [F416Scottish Water does] not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.

(2)If, after they have been in operation for a period of not less than three years, the Secretary of State considers unsatisfactory any byelaws made by [F417Scottish Water]F415 under section 70 or 71 or any byelaws or regulations made by [F417Scottish Water]F415 under any other enactment conferring power to make byelaws or regulations for purposes similar to the purposes for which byelaws may be made under either of the said sections, he may by notice require [F418Scottish Water]F415 to revoke those byelaws or regulations and to make such new byelaws under section 70 or 71 as he considers necessary; and if [F419Scottish Water does] not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws or regulations and make such new byelaws under section 70 or 71 as he considers necessary.

(3)Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by [F420Scottish Water] and confirmed by the Secretary of State.

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Amendments (Textual)

74 Regulations to prevent waste, misuse or contamination of water.S

(1)The Secretary of State may make regulations for any of the purposes for which byelaws may be made under section 70 (byelaws for the prevention of waste, misuse or contamination of water); and any such regulations shall have effect in substitution for any such byelaws in force immediately before the coming into force of these regulations.

(2)Any reference in this Act to a byelaw made under the said section 70 (other than a reference in section 72(1), (2) and (4) to byelaws) shall include a reference to a regulation made under this section.

(3)Regulations made under this section may be made so as to apply in all parts of Scotland or to apply only in such part or parts as may be specified in the regulations, and may contain different provisions for different parts, or for different circumstances in any such part.

75 Penalty for polluting water.S

(1)If any person is guilty of any act or neglect whereby any spring, well or adit, the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption, is polluted or likely to be polluted, he shall be guilty of an offence.

(2)Nothing in this section shall be construed as prohibiting or restricting—

(a)any method of cultivation or use of land which is in accordance with the principles of good husbandry; or

(b)the reasonable use of oil or tar on any [F421public road, so long as the roads] authority take all reasonable steps for preventing the oil or tar, or any liquid or matter resulting from the use thereof, from polluting any such spring, well or adit.

(3)Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—

(a)on summary conviction, to a fine not exceeding [F422£40,000] and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.

(4)F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C12S. 75 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)

76 Acquisition of land for protection of water.S

(1)For the purpose of any provision of this Act [F424, or of the [F425Water Industry (Scotland) Act 2002 (asp 3)] ,] conferring power on [F426Scottish Water]F427 to acquire land for the purposes of [F428its] undertaking [F424or functions], there shall be deemed to be included among those purposes the purpose of protecting against pollution any water, whether on the surface or underground, which belongs to [F429Scottish Water]F427 or which [F430it is] for the time being authorised to take.

(2)[F431Scottish Water]F432 may on any land belonging to [F433it], or over or in which [F434it has] acquired the necessary servitudes or rights, construct or maintain drains, sewers, watercourses, catchpits and other works for intercepting, treating or disposing of any foul water arising or flowing upon that land, or for otherwise preventing water which belongs to [F435Scottish Water]F432or which [F436it is] for the time being authorised to take from being polluted:

Provided that—

(a)before constructing any such works [F435Scottish Water]F432 shall, if the proposed works will affect any watercourses in a fishery district or which is subject to the jurisdiction of a navigation authority, consult with the fishery district board or the navigation authority concerned;

(b)nothing in this subsection shall authorise [F437Scottish Water]F432 to intercept or take any water which a navigation authority or any public undertakers are authorised by any enactment to take or use for the purposes of their undertaking without the consent of that navigation authority or those public undertakers.

(3)[F438Where Scottish Water proposes] to construct any drain, sewer or water-course for the purposes mentioned in subsection (2) [F439it] may, with the consent of the [F440roads] authority concerned, which may be given subject to such conditions as the [F440roads] authority think fit, carry the drain, sewer or water-course under, across or along any [F441road]. . . F442, and such statutory provisions with respect to the breaking open of [F441roads] as are applicable to [F443Scottish Water]F442 shall, with any necessary modifications and adaptations, apply accordingly:

Provided that the consent of the [F440roads] authority shall not be required by virtue of this subsection for the carrying by [F444Scottish Water]F445 of any drain, sewer or water-course under any [F446public road] which is within the limits of supply of [F447Scottish Water]F445.

(4)A consent required for the purposes of subsection (2) or (3) shall not be unreasonably withheld nor shall any unreasonable conditions be attached to such a consent, and any question whether or not such a consent is unreasonably withheld or whether any condition which it is sought to impose is unreasonable shall in case of dispute be determined by arbitration.

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Amendments (Textual)

F432Words in s. 76(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), SCh. 13 para. 119(41)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F442Words in s. 76(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), SCh. 13 para. 119(41)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F445Words in the proviso to s. 76(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(41)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F448Part VIAS Quality of Water

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Amendments (Textual)

76A Duties of water authorities with respect to water quality.S

(1)It shall be the duty of [F449Scottish Water]

(a)when supplying water to any premises for [F450domestic or food production purposes] to supply only water which is wholesome at the time of supply; and

(b)so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which [F451Scottish Water] supplies water to premises for [F450domestic or food production purposes], that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.

(2)For the purposes of this section and section 76B below and subject to subsection (3) below, water supplied by [F452Scottish Water] to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving [F453Scottish Water’s] pipes.

(3)For the purposes of this section where water supplied by [F454Scottish Water] to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

(a)it has ceased to be wholesome after leaving [F455Scottish Water’s] pipes but while in a pipe which is subject to water pressure from a main or which would be so subject but for the closing of some valve; and

(b)it has so ceased in consequence of the failure of [F456Scottish Water] , before supplying the water, to take such steps as may be prescribed for the purpose of securing the elimination or reduction to a minimum of any prescribed risk that the water would cease to be wholesome after leaving [F455Scottish Water’s] pipes.

(4)The provisions of this section shall apply in relation to water which is supplied by [F457Scottish Water] whether or not the water is water which [F458Scottish Water] is required to supply by virtue of any provision of this Act.

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Subordinate Legislation Made

P3S. 76A: s. 76B (with ss. 76A, 76J, 101(1) and 109(1)) power exercised by S.I.1991/1333

S. 76A power previously exercised by S.I. 1990/119

Amendments (Textual)

F453Words in s. 76A(2) substituted (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 49(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

76B Regulations for preserving water quality.S

(1)The Secretary of State may by regulations require [F459Scottish Water] to take all such steps as may be prescribed for the purpose of securing compliance with section 76A above; and, without prejudice to the generality of that power, regulations under this subsection may impose an obligation on [F459Scottish Water]

(a)to take all such steps as may be prescribed for monitoring and recording whether the water which [F460Scottish Water] supplies to premises for [F461domestic or food production purposes] is wholesome at the time of supply;

(b)to take all such steps as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which [F460Scottish Water] uses or is proposing to use for supplying water to any premises for [F461domestic or food production purposes];

(c)to ensure that a source which [F460Scottish Water] is using or proposing to use for supplying water for [F461domestic or food production purposes] is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

(d)to keep records of the localities within which all the premises supplied with water for [F461domestic or food production purposes] by [F460Scottish Water] are normally supplied from the same source or combination of sources;

(e)to comply with prescribed requirements with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

(2)Without prejudice to subsection (1) above, the Secretary of State may by regulations make provision with respect to the use by [F462Scottish Water] , for the purposes of or in connection with the carrying out of [F463its] functions, of such processes and substances, and of products that contain or are made with such substances or materials, as he considers might affect the quality of any water; and, without prejudice to the generality of that power, regulations under this subsection may—

(a)forbid the use by [F462Scottish Water] of processes, substances and products which have not been approved under the regulations or which contravene the regulations;

(b)for the purposes of provision made by virtue of paragraph (a) above, require processes, substances and products used by [F462Scottish Water] to conform to such standards as may be prescribed by or approved under the regulations;

(c)impose such other requirements as may be prescribed with respect to the use by [F462Scottish Water] of prescribed processes, substances and products;

(d)provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

(e)impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

(f)provide for a contravention of the regulations to constitute—

(i)an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

(ii)an offence triable either summarily or on indictment and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine; and

(g)require prescribed charges to be paid to persons carrying out functions under the regulations.

(3)The Secretary of State may by regulations require [F464Scottish Water]

(a)to publish information about the quality of water supplied for [F461domestic or food production purposes] to any premises by [