Local Government etc. (Scotland) Act 1994

79 Collection of charges by local authority

(1) The Secretary of State may by order determine—

(a) that as respects services provided, within a financial year specified in the order, by a new water and sewerage authority (in this section referred to as the “providing authority”) to dwellings within the area of a local authority (in this section and in Schedule 10 to this Act referred to as the “collecting authority”), or within such part of that area as may be so specified, the collecting authority and not the providing authority shall demand and recover charges (other than charges in respect of a supply of water taken by meter) payable for those services under a charges scheme ; and

(b) that the collecting authority shall, at such intervals as may be so specified, make such payments to the providing authority (to whom no other amount shall be payable under the charges scheme for the services provided) as may be so specified or as may be determined in accordance with the provisions of the order.

(2) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An order under subsection (1) above may include provision as to—

(a) forms and procedures which the collecting authority shall adopt in demanding payment;

(b) circumstances in which a customer of the providing authority who is aggrieved by a decision or calculation of the collecting authority may appeal—

(i) except in a case specified by virtue of sub-paragraph (ii) below, to a valuation appeal committee (constituted under section 29 of this Act); or

(ii) in a case which the order may specify, to a body constituted under the order (or under a previous such order) to consider appeals as respects any such case;

(c) procedures to be followed in any appeal by virtue of paragraph (b) above;

(d) the provision, for the purposes of this section, of information by the providing authority to the collecting authority; or

(e) the keeping by the collecting authority of accounts and records as respects their functions by virtue of this section and the exhibition of, or of copies of, such accounts and records to the providing authority.

(4) Schedule 10 to this Act shall apply as respects the recovery by diligence of charges payable to a collecting authority by virtue of the foregoing provisions of this section.

(5) In subsection (1)(a) above, “dwelling” has the same meaning as in Part II of the [1992 c. 14.] Local Government Finance Act 1992.