Local Government etc. (Scotland) Act 1994

74 Charges for services provided. S

(1) Subject to the provisions of this Part of this Act and of sections 9A and 47 of the 1980 Act (no charge for water in certain cases), the powers of a new water and sewerage authority shall include power—

(a) to fix charges for any services provided in the course of carrying out their functions; and

(b) to demand and recover charges fixed under this section from any person to whom they provide services.

(2) The powers conferred by subsection (1) above shall be exercisable—

(a) by or in accordance with a charges scheme under section 76 of this Act; or

(b) by or in accordance with an agreement with the person to be charged.

(3) Subject to the provisions of this Part of this Act, a new water and sewerage authority may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to them to be appropriate.

(4) Nothing in this Part of this Act shall entitle a new water and sewerage authority to fix, demand or recover a charge for—

(a) under subsection (2) of section 6 of the 1980 Act (duty to provide water supply), taking pipes; or

(b) under subsection (2)(a) of section 1 of the 1968 Act (duty to provide sewerage), taking public sewers,

to the point or points mentioned in the subsection in question.

(5) A new water and sewerage authority exercising their powers under subsection (1) above by entering into such agreements as are mentioned in subsection (2)(b) above shall endeavour to ensure that no undue preference is shown, and that there is no undue discrimination, in determining the conditions of those agreements.

(6) Nothing in subsections (1) to (3) above or in any charges scheme under section 76 of this Act shall affect any power of a new water and sewerage authority to fix charges under any power conferred otherwise than under or by virtue of this Part of this Act.