Water (Scotland) Act 1980

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 [F1Scottish Water has] failed—

(i)to do anything which [F2it is] required to do by or under this Act,

(ii)to give an adequate supply of water either as respects quantity or quality within [F3its limits of supply, or has] failed to give any supply which [F4it 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 [F5its] 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 [F6Scottish 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 [F7Scottish Water] , he may make an order declaring [F8it] to be in default and directing [F8it] for the purpose of remedying the default to discharge such of [F9its] 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 [F10its] existing powers.

(3)If [F11Scottish Water fails] to comply with any requirements of [F12an order made under subsection (2)] within the time specified therein for compliance with that requirement—

(a)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14or]

(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)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5Word in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(f) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7Words in s. 11(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)