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Water (Scotland) Act 1980

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Water (Scotland) Act 1980, Part II is up to date with all changes known to be in force on or before 24 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IIS Duties of Water Authorities

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

6 Duty of authority to provide supply.S

(1)It shall be the duty of [F4Scottish Water] to provide a supply of wholesome water to every part of [F5its] 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), [F6Scottish Water] shall provide a supply of wholesome water in pipes to every part of [F7its] limits of supply where a supply of water is required for domestic purposes and shall 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 [F8Scottish Water] to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of [F7its] limits of supply where such a supply is already available at such point or points.

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

(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 Secretary of State, if requested to do so by [F9any person aggrieved], shall, after [F9consultation with that person and with [F10Scottish Water]], determine that question and [F11Scottish Water] shall give effect to his determination.

(4)[F12Scottish Water] shall also provide a supply of water for the purpose of complying with any other obligation imposed on [F13it] by this Act and may, if [F14it thinks] fit, provide a supply to enable [F15it] to exercise any of the powers conferred on [F15it] by this Act or for any other purpose which [F16it considers] is in the interests of the area comprising [F17its] limits of supply.

[F18(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.]

Textual Amendments

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

[F19Scottish Water] shall provide in [F20its] mains and communication pipes a supply of wholesome water sufficient for the domestic purposes of all owners and occupiers of premises within [F20its] limits of supply who are entitled to a supply for those purposes.

9 Supply of water for non-domestic purposes.S

(1)Subject to the following provisions of this Act, [F21Scottish 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 [F22its] limits of supply who requests [F23it] to give such a supply to those premises.

(2)[F24Scottish Water] shall not be required to give a supply of water in accordance with subsection (1) if [F25its] 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.

(3)[F26Scottish 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 [F27it] 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 [F28Scottish 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 [F28Scottish Water] to be appropriate.

(4)Any question arising as to the terms and conditions on which water is to be supplied [F29(not being a question as respect charges for the water which is to be supplied)] under this section and any question whether [F30Scottish 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 [F31Scottish Water is] required to give a supply of water under this section, the powers of [F32Scottish Water] and of persons supplied or proposed to be supplied by [F33it] to lay mains and pipes for providing a supply of water for domestic purposes and to break open [F34roads] for that purpose shall apply for the purpose of the provision of a supply under this section.

F35(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Words in s. 9(4) inserted (1.4.1996) by 1994 c. 39, s. 105; S.I. 1996/323, art. 4(1)(a), Sch. 1

[F369A

[F37(1)][F38Notwithstanding anything in section 9] of this Act, no charge may be made by [F39Scottish Water] in respect of—

[F40(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.]

[F41(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.]

10 Compensation for damage resulting from exercise of powers.S

(1)Subject to the provisions of this section, a [F42local authority] or [F43Scottish Water]F44shall make full compensation to any person who has sustained damage by reason of the exercise by them [F45or it] of any of their [F46or its] powers under this Act in relation to a matter as to which he has not himself been in default.

[F47(1A)The escape of water, however caused, F48 from one of [F49Scottish Water’s]F48 communication [F50or supply] pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by [F51it] 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 [F5224] 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.

[F53(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 [F54section 214 of the Town and Country Planning (Scotland) Act 1997];

[F55(b)roads authorities as defined in section 151(1) of the M1 Roads (Scotland) Act 1984;]

(c)bridge authorities [F56as defined in section 147 of the New Roads and Street Works Act 1991;]

[F57(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 [F58141 of the said Act of 1991] is conferred.

F59(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F42Words in s. 10(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(a)(i); S.I. 1996/323, art. 4(1)(c)

F50Words in s. 10(1A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(b)(ii); S.I. 1996/323, art. 4(1)(c)

F52Words in s. 10(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(c); S.I. 1996/323, art. 4(1)(c)

F54Words in s. 10(5)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 30(1)

F58Words in s. 10(5)(e) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(d); S.I. 1994/2850, art. 3

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 [F60Scottish Water has] failed—

(i)to do anything which [F61it is] required to do by or under this Act,

(ii)to give an adequate supply of water either as respects quantity or quality within [F62its limits of supply, or has] failed to give any supply which [F63it 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 [F64its] 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 [F65Scottish 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 [F66Scottish Water] , he may make an order declaring [F67it] to be in default and directing [F67it] for the purpose of remedying the default to discharge such of [F68its] 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 [F69its] existing powers.

(3)If [F70Scottish Water fails] to comply with any requirements of [F71an order made under subsection (2)] within the time specified therein for compliance with that requirement—

(a)F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F73or]

(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)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73By 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)

C2S. 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

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