Water (Scotland) Act 1980

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Changes and effects

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Blanket amendment words substituted by S.I. 2011/1043 art. 3 6

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 76FA-76FC inserted by S.S.I. 2010/95 reg. 2

Commencement Orders yet to be applied to the Water (Scotland) Act 1980:

Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

S.S.I. 2008/269 art. 2 commences (2003 asp 3)

6 Duty of authority to provide supply.S

(1)It shall be the duty of [F1Scottish Water]F1 to provide a supply of wholesome water to every part of [F2its]F2 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), [F3Scottish Water]F3 shall provide a supply of wholesome water in pipes to every part of [F4its]F4 limits of supply where a supply of water is required for domestic purposes and shall [F5, subject to subsection (2A),]F5 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 [F6Scottish Water]F6 to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of [F4its]F4 limits of supply where such a supply is already available at such point or points.

[F7(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.]

F7(3)If any question arises under this section as to—

[F8(za)whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or]

F8(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]F11 shall give effect to his determination.

(4)[F12Scottish Water]F12 shall also provide a supply of water for the purpose of complying with any other obligation imposed on [F13it]F13 by this Act and may, if [F14it thinks]F14 fit, provide a supply to enable [F15it]F15 to exercise any of the powers conferred on [F15it]F15 by this Act or for any other purpose which [F16it considers]F16 is in the interests of the area comprising [F17its]F17 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.]

Annotations:

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Amendments (Textual)

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

F2Word in s. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

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

F4Word in s. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5Words in s. 6(2) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 29(6) (with s. 39(2)); S.S.I. 2006/55, art. 2

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

F7S. 6(2A)-(2E) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 29(7) (with s. 35(2)); S.S.I. 2006/55, art. 2

F8S. 6(3)(za) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 29(8) (with s. 35(2)); S.S.I. 2006/55, art. 2

F9Words in s. 6(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(3); S.I. 1996/323, art. 4(1)(c)

F10Words in s. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F11Words in s. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)