http://www.legislation.gov.uk/asp/2002/3/2026-03-18Water Industry (Scotland) Act 2002An Act of the Scottish Parliament to make further provision in relation to the Water Industry Commissioner for Scotland and to provide for the establishment of Water Customer Consultation Panels; to make further provision in relation to the regulation of the quality of drinking water; to make provision for the establishment of Scottish Water, the transfer to Scottish Water of the functions of the water and sewerage authorities established by section 62(1) of the Local Government etc. (Scotland) Act 1994 and the dissolution of those authorities and in relation to the functions of Scottish Water; to make further amendments of the law relating to water and sewerage; and for connected purposes.2002-03-14texttext/xmlenStatute Law Database2026-04-15Expert Participation2026-03-18 Water Industry (Scotland) Act 2002sch. 7 para. 18(5)Housing (Scotland) Act 2014sch. 2 para. 11s. 104(3) 2002 asp 3An Act of the Scottish Parliament to make further provision in relation to the Water Industry Commissioner for Scotland and to provide for the establishment of Water Customer Consultation Panels; to make further provision in relation to the regulation of the quality of drinking water; to make provision for the establishment of Scottish Water, the transfer to Scottish Water of the functions of the water and sewerage authorities established by section 62(1) of the Local Government etc. (Scotland) Act 1994 and the dissolution of those authorities and in relation to the functions of Scottish Water; to make further amendments of the law relating to water and sewerage; and for connected purposes.The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th February 2002 and received Royal Assent on 1st March 2002Part 111There is established a body to be known as the Water Industry Commission for Scotland (referred to in this Act as “the Commission”).2The Commission has the general function of promoting the interests of persons (taken as a whole) whose premises—aare connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both, orbmight reasonably become connected to either or both of those systems,relating to the provision to them of water and sewerage services.3The Scottish Ministers may, after consulting the Commission, give the Commission directions of a general or specific character as to the financial management or administration of the Commission; and the Commission must comply with any such directions.4Schedule A1 makes further provision about the Commission.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2A1This section applies where Citizens Advice Scotland has exercised a function under section 8(1) of the Consumers, Estate Agents and Redress Act 2007 (c. 17) (representative functions) in relation to the activities of Scottish Water.2The persons listed in subsection (4) must have regard to any advice, information, proposal or representation made to them by Citizens Advice Scotland under section 8(1) of that Act.3Any persons listed in subsection (4) to whom a proposal is made under section 8(1)(b) of that Act must, within 6 months of receipt, publish a summary of their responses to the proposal.4The persons are—athe Scottish Ministers,bScottish Water,cthe Water Industry Commission,dthe Drinking Water Quality Regulator for Scotland,ethe Scottish Environment Protection Agency.31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6The Commission is to advise the Scottish Ministers on any matter which appears to the Commission or to them to relate to—athe standard of service provided by Scottish Water to persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both , orbthe manner in which Scottish Water conducts its relations with those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems ,in the exercise of its core functions.7The Commission has power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise of the Commission's functions.41Scottish Water must, on being requested to do so by the Commission, provide the Commission with such information held by it as the Commission may reasonably seek in the exercise of the Commission's functions.2Subsection (1) does not authorise the Commission to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.3Where Scottish Water considers that it is entitled to withhold information from the Commission—abecause it is not reasonably sought, orbby virtue of subsection (2),it must intimate that fact to the Commission in writing.4Scottish Water must comply with any direction given to it by the Commission under section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (enforcement by regulator of notice to provide Citizens Advice Scotland or Consumer Scotland with information).51The Commission must—aas soon as practicable after the end of each financial year, submit to the Scottish Ministers, and publish, a report on the exercise of the Commission's functions during that year, andbprovide the Scottish Ministers with such information regarding the exercise of those functions as they may require.2A report under subsection (1)(a) must include a summary of—aaction taken by the Commission during the year to which the report relates in response to— iany advice, information or representation made to it by Citizens Advice Scotland under section 8(1)(a) or (c) of the Consumers, Estate Agents and Redress Act 2007 (representative functions) , andiiany proposals made to it under section 8(1)(b) of that Act , andbwhere the Commission has decided during that year not to take any action in response to any such advice, information, proposal or representation ... ..., the reasons for that decision.3A report under subsection (1)(a) must set out any directions under section 1 which have been given to the Commission during the period to which the report relates.4The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).61The Scottish Ministers may make grants to the Commission in respect of the Commission's expenses.2Scottish Water must make to the Commission, in respect of the Commission's expenses, payments of such amounts, and at such times, as the Scottish Ministers may direct.2AScottish Water must make to Consumer Scotland, in respect of Consumer Scotland’s expenses (as respects its activities relating to Scottish Water), payments of such amounts, and at such times, as the Scottish Ministers may direct.2BBefore making a direction under subsection (2A), the Scottish Ministers must consult Consumer Scotland.6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 71The Scottish Ministers may appoint a person to be known as the Drinking Water Quality Regulator for Scotland (in this Part referred to as the “Regulator”) to exercise the functions conferred on the Regulator by this Part.2The Regulator is to have the general functions of—aseeking to ensure that the drinking water quality duties imposed on a public water supplier are complied with, andbsupervising the enforcement by local authorities of the drinking water quality duties which it is their responsibility to enforce.3Any person authorised by the Regulator for the purpose (an “authorised person”) may exercise, on behalf of the Regulator, any function of the Regulator.4In relation to the exercise by an authorised person of a function of the Regulator which that person is authorised to exercise, references in this Part to the Regulator are, so far as necessary, to be construed as, or as including, references to the authorised person.5An authorisation given for the purposes of subsection (3) does not prevent the Regulator from exercising any function to which the authorisation relates.6The Scottish Ministers may, after consulting the Regulator, give the Regulator directions of a general or specific character as to the exercise of the Regulator’s functions; and the Regulator must comply with any such direction.7In this Part—“drinking water quality duty” means a duty in relation to the quality of water imposed on a water supplier by, under or by virtue of—Part VIA of the 1980 Act,this Act, orsuch other enactment relating to the quality of water supplied by a water supplier as the Scottish Ministers may by order specify,“public water supplier” means Scottish Water.81The Regulator may serve on a person a notice requiring the person—ato provide the Regulator, or a person authorised by the Regulator, at a time and place and in the form and manner specified in the notice, with such information relating to the quality of water supplied by a public water supplier as may be specified or described in the notice, orbto produce to the Regulator, or to a person authorised by the Regulator, at a time and a place specified in the notice, any documents relating to that matter which are specified or described in the notice and are in that person’s custody or under that person’s control.2A notice under subsection (1) may be served on—athe public water supplier,ban officer or employee of the public water supplier,cany other person whom the Regulator has reason to believe is or may be in possession of relevant information or documents.3Nothing in this section authorises the Regulator to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.4References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.5Where by virtue of this section documents are produced to any person, that person may take copies of or make extracts from them.6A person who—arefuses or fails, without reasonable excuse, to do anything required of that person by a notice under subsection (1), orbintentionally alters, suppresses or destroys a document which that person has been required by such a notice to produce,is guilty of an offence.7A person guilty of an offence under subsection (6) is liable—aon summary conviction, to a fine not exceeding the statutory maximum,bon conviction on indictment, to a fine.91For the purpose of establishing whether any drinking water quality duty to which a public water supplier is subject has been, is being or is likely to be complied with, the Regulator may exercise the powers specified in subsection (2).2Those powers are—apower to enter—iany premises of the water supplier,iiany premises to which a supply of water is provided by the water supplier,iiiany premises of any other person,for the purpose of exercising any of the powers specified in paragraphs (b) to (d),bpower to carry out such inspections, measurements and tests on those premises or of substances, articles or documents found there as the Regulator thinks necessary,cfor the purpose of carrying out such inspections, measurements and tests as the Regulator thinks necessary, power to take away from those premises substances, articles or documents found there,dpower to take away from those premises such samples of water, land, substances or articles as the Regulator thinks necessary.3The powers specified in subsection (2) must not be exercised in relation to premises referred to in paragraph (a)(iii) of that subsection unless the Regulator is satisfied that the exercise of those powers in relation to the premises referred to in paragraph (a)(i) and (ii) of that subsection would be insufficient for the purpose specified in subsection (1).4The owner and occupier of any premises in relation to which the Regulator exercises the powers specified in subsection (2) and any person on such premises when those powers are being exercised must—agive the Regulator such assistance, andbprovide the Regulator with such information,as the Regulator may reasonably require.5A person who—arefuses or fails, without reasonable excuse, to comply with a requirement made under subsection (4), orbintentionally obstructs a person acting in the exercise of any power conferred by subsection (1),is guilty of an offence.6A person guilty of an offence under subsection (5) is liable—aon summary conviction, to a fine not exceeding the statutory maximum,bon conviction on indictment, to a fine.101Where the Regulator reasonably believes (whether or not following the exercise of the Regulator’s powers under section 9)—athat a public water supplier has contravened any drinking water quality duty and the contravention is likely to recur, orbthat a public water supplier is contravening any drinking water quality duty and the contravention is likely to continue or to recur or both,and (in either case) that the water supplier is not taking appropriate steps for the purpose of rectifying the contravention or (as the case may be) preventing its recurrence, the Regulator may serve on the water supplier an enforcement notice.2In considering whether to serve an enforcement notice the Regulator may consult—athe local authority for any area affected by the contravention, andbthe Health Board for any such area.3An enforcement notice must specify—athe contravention to which it relates,bthe Regulator’s reasons for believing (as the case may be) that the contravention—ihas occurred and is likely to recur, oriiis occurring and is likely to continue or to recur or both,cthe date by which the water supplier is required to rectify the contravention or (as the case may be) take steps to prevent its recurrence,dany particular steps which the Regulator requires the water supplier to take for that purpose, andethe date on which the notice is to take effect.4An enforcement notice may specify different dates by which different steps specified under subsection (3)(d) must be completed.5The date referred to in subsection (3)(e) must be no earlier than the day following the last day on which an appeal may be brought under section 11(2).6Before serving an enforcement notice on a public water supplier under subsection (1), the Regulator must serve a copy of the proposed notice on the water supplier and specify a period, which must expire no less than 7 days and no more than 28 days from the date of service of the notice, within which the water supplier may make representations to the Regulator about the proposed notice.7The Regulator must take into account any representations in relation to the proposed enforcement notice duly made by the water supplier and may adjust the notice in light of those representations.111The Regulator must—asend a copy of an enforcement notice to the Commission and to any local authority or Health Board consulted by the Regulator under section 10(2), andbarrange for the notice to be published in such manner as the Regulator thinks appropriate for bringing it to the attention of persons affected, or who may be affected, by the contravention.2A public water supplier on whom an enforcement notice has been served may, by summary application made within 14 days of the date of service, appeal to the sheriff against the notice.3Where an appeal is brought under subsection (2) the enforcement notice is of no effect until the appeal is withdrawn or finally determined.4On an appeal under subsection (2) the sheriff may make such order as the sheriff thinks fit.5The decision of the sheriff on such an appeal is final.6A public water supplier on whom an enforcement notice has been served—amust consult the Health Board for any area affected by the contravention to which the notice relates, andbmust, in rectifying the contravention or taking steps to prevent its recurrence, have regard to any views expressed by the Health Board.7The duty under subsection (6) does not apply during any period in which the enforcement notice is of no effect by virtue of subsection (3).7AWhere a public water supplier has rectified the contravention specified in an enforcement notice, the Regulator must publish (or arrange for the publication of) information to this effect, in such a manner as the Regulator thinks appropriate for bringing it to the attention of persons affected, or who may have been affected, by the contravention.121This section applies where, in relation to an enforcement notice, a public water supplier—afails to rectify, or (as the case may be) to take steps to prevent the recurrence of, a contravention specified in the notice by the date specified in relation to the contravention under subsection (3)(c) of section 10, orbfails to complete a step specified under subsection (3)(d) of that section by a date specified in relation to that step under subsection (4),(or, in either case, by such later date as the Regulator may have substituted under section 14(1)(b)).2Where this section applies, the Regulator may—aenter any premises and carry out the work necessary to rectify or prevent the recurrence of the contravention or, as the case may be, to complete the step, andbrecover from the water supplier any expenses which the Regulator reasonably incurs in carrying out, or securing the carrying out, of that work.3The expenses which may be recovered under subsection (2)(b) include such proportion of the Regulator’s administrative expenses (including expenses incurred in establishing the contravention and in connection with the enforcement notice) as the Regulator considers appropriate.4A person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (2)(a) is guilty of an offence.5If, at any time after a date referred to in subsection (1), anything which the enforcement notice requires the water supplier to do by that date has not been done, the water supplier is guilty of an offence.6A person guilty of an offence under subsection (4) or (5) is liable—aon summary conviction, to a fine not exceeding the statutory maximum,bon conviction on indictment, to a fine.7An offence under subsection (5) may be charged by reference to any day or longer period of time and a public water supplier may be convicted of a second or subsequent offence under that subsection by reference to any period of time following conviction for such an offence.131Where the Regulator reasonably believes—athat a public water supplier has contravened or is contravening any drinking water quality duty,bthat as a result of the contravention there is a significant risk to public health or the quality of a public drinking water supply, andcthat urgent action is necessary to reduce or remove that risk,the Regulator may take action in accordance with this section.2The Regulator may serve on the water supplier an emergency notice requiring the water supplier, by such date as the notice may specify, to take such steps as the notice may specify, being steps which the Regulator considers necessary for the purpose of reducing or removing the risk referred to in subsection (1)(b).3Without prejudice to subsection (2), the Regulator may—aenter any premises and carry out such work as the Regulator considers necessary for the purpose mentioned in that subsection, andbrecover from the water supplier any expenses which the Regulator reasonably incurs in carrying out, or securing the carrying out, of that work.4The expenses which may be recovered under subsection (3)(b) include such proportion of the Regulator’s administrative expenses (including expenses incurred in establishing the contravention and in connection with the emergency notice) as the Regulator considers appropriate.5A person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (3)(a) is guilty of an offence.6If, at any time after the date specified in the emergency notice (or such later date as the Regulator may have substituted under section 14(1)(b)), anything which the notice requires the water supplier to do has not been done, the water supplier is guilty of an offence.7A person guilty of an offence under subsection (5) or (6) is liable—aon summary conviction, to a fine not exceeding the statutory maximum,bon conviction on indictment, to a fine.8An offence under subsection (6) may be charged by reference to any day or longer period of time and a public water supplier may be convicted of a second or subsequent offence under that subsection by reference to any period of time following conviction for such an offence.141The Regulator may—awithdraw an enforcement notice or an emergency notice,bwaive or relax any requirement of an enforcement notice or an emergency notice, including substituting a later date for a date specified under section 10(3)(c) or (4) or, as the case may be, section 13(2).2The powers in subsection (1) may be exercised whether or not the notice has taken effect.3The withdrawal of an enforcement notice or an emergency notice does not affect the Regulator’s power to issue a further such notice.151The Regulator must keep a register of enforcement notices and emergency notices.2The register must, in relation to each such notice, specify—athe name and address of the water supplier on whom the notice was served,bthe date of service,cthe compliance date, anddin the case of an enforcement notice, the date specified under section 10(3)(e).3The Scottish Ministers may by order make provision as to—athe manner in which the register is to be kept,bthe information, in addition to that required by subsection (2), which the register is to contain.4In subsection (2)(c), “the compliance date” means—ain relation to an enforcement notice, the date specified under section 10(3)(c),bin relation to an emergency notice, the date specified under section 13(2),and, in either case, includes any date substituted for that date under section 14(1)(b).5The register must be made available for inspection by any person at any reasonable time.161A local authority must, on being requested to do so by the Regulator, provide the Regulator with such information held by it as the Regulator may reasonably seek in relation to the enforcement by the local authority of the drinking water quality duties which it is the authority’s responsibility to enforce.2Where a local authority and the Regulator cannot agree whether information is being sought reasonably, either of them may refer the matter to the Scottish Ministers, whose decision is final.17The Regulator must, as soon as practicable after the end of each calendar year, submit to the Scottish Ministers, and publish, a report on the exercise of the Regulator’s functions during that year.181Schedule 2 makes further provision about the exercise of powers of entry etc. conferred by sections 9(1), 12(2)(a) and 13(3)(a).2References in this Part to a power conferred by any of those provisions include references to such a power exercisable by virtue of a warrant under that schedule.19In this Part—“drinking water quality duty” has the meaning given by section 7(7),“emergency notice” means a notice under section 13(2),“enforcement notice” means a notice under section 10(1),“public water supplier” has the meaning given by section 7(7),“Regulator” means the Drinking Water Quality Regulator for Scotland.Part 3201There is established a body corporate to be known as Scottish Water, with the functions conferred on it by or under this Act and any other enactment.2Schedule 3 makes further provision about the status, constitution, proceedings etc. of Scottish Water.21The functions of each of the new water and sewerage authorities are transferred to Scottish Water.221The property and liabilities to which the new water and sewerage authorities are entitled or subject are transferred to Scottish Water.2Subsection (1) has effect in relation to property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.23The Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I.1981/1794) apply to the transfer of functions by section 21, whether or not they would so apply apart from this section.241The new water and sewerage authorities are dissolved on such date as the Scottish Ministers may by order specify.2Different dates may be specified in relation to different such authorities.3Without prejudice to section 69, the Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they think necessary or expedient in consequence of or in connection with—athe establishment of Scottish Water,bthe transfer of functions, property, liabilities and staff of the new water and sewerage authorities,cthe dissolution of those authorities.251Scottish Water may engage in any activity (whether in Scotland or elsewhere) which it considers is not inconsistent with the economic, efficient and effective exercise of its core functions (within the meaning of section 70(2)).1ASubsection (1) extends to allowing Scottish Water to engage in any activity that it considers will assist in the development of the value of Scotland's water resources (as construed in accordance with section 1 of the Water Resources (Scotland) Act 2013).2Scottish Water may do anything (whether in Scotland or elsewhere) which it considers is necessary or expedient for the purpose of or in connection with its functions (including any activity in which it engages by virtue of subsection (1)).3The power in subsection (2) includes, in particular, power to—aform or promote (whether alone or with others) companies under the Companies Act 2006 ,bsubscribe for share or loan capital of any person,cguarantee the discharge of any obligation (whether financial or not) of any person,dform partnerships, enter into arrangements or agreements and co-operate in any way with any person,eenter into a contract with any person for the provision or making available of assets or services, or both (whether or not together with goods) whether by Scottish Water or by that person.4Where—aunder subsection (2), Scottish Water enters into a contract such as is referred to in subsection (3)(e) (a “provision contract”), andbin connection with the provision contract, a person (the “financier”) makes a loan to, or provides any other form of finance for, a party to the provision contract other than Scottish Water,the power in subsection (2) also includes power to enter into a contract with the financier, or any insurer of or trustee for the financier, in connection with the provision contract.5In subsection (3)(e), “assets” means assets of any description (whether tangible or intangible), including (in particular) land, buildings, roads, works, plant, machinery, vehicles, vessels, apparatus, equipment and computer software.6This section is without prejudice to any power otherwise exercisable by Scottish Water but does not enable Scottish Water—ato do anything in contravention of any express prohibition, restriction or limitation on its powers which is contained in any other enactment,bto raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from this section.261In relation to services provided in the exercise of its core functions, Scottish Water must prepare and submit to the Commission a code of practice (a “customer standards code”) making provision—aas to its standards of performance in providing services to persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both ,bfor procedures for dealing with complaints by those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems ,cas respects the circumstances in which it will pay compensation if or in so far as those standards are not attained,das respects such matters as are incidental to the provision made under paragraphs (a) to (c), and such supplemental matters (if any) as it thinks fit.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Subject to subsection (1), Scottish Water may from time to time—avary, orbrevoke and replace,its customer standards code, and must submit the varied or new code to the Commission .4A customer standards code submitted to the Commission under subsection (1) or (3) comes into force only when it is approved in accordance with section 27.5Scottish Water must endeavour to comply with its approved customer standards code; but contravention of that code does not of itself give rise to any criminal or civil liability.6Scottish Water must publish the approved customer standards code and provide a copy of the code to any person who requests it.7The Commission —amust monitor the compliance by Scottish Water with its approved customer standards code,bmay advise the Scottish Ministers on such compliance, andcmay require Scottish Water to review its customer standards code, or any provision of it, in such respects as the Commission may specify.271The Commission may, after consulting every water services provider and sewerage services provider and Consumer Scotland, approve a customer standards code submitted under section 26(1) or (3)—awithout modifications, orbwith such modifications as are agreed by the Commission and Scottish Water.2Where—athe Commission is not prepared to give approval under subsection (1)(a), andbScottish Water does not agree to some or all of the modifications proposed by the Commission under subsection (1)(b),the Commission must send the code (with any modifications to it agreed by the Commission and Scottish Water) to the Scottish Ministers.3Where 3 months have elapsed since the Commission has received a customer standards code by virtue of section 26(1) or (3) and the Commission has neither—agiven approval under subsection (1) of this section, norbsent the scheme to the Scottish Ministers under subsection (2) of this section,Scottish Water may require the Commission to send it to the Scottish Ministers.4The Scottish Ministers may, after consulting every water services provider and sewerage services provider and Consumer Scotland, approve a code sent to them under subsection (2) or (3)—awithout modifications or further modifications, orbwith such modifications as, after consulting Scottish Water and the Commission , they think fit.5Where the Commission approves a customer standards code under subsection (1), the Commission must send a copy of the code as so approved to the Scottish Ministers.6Where the Scottish Ministers approve a customer standards code under subsection (4), they must send a copy of the code as so approved to the Commission.281Scottish Water must prepare and submit to the Scottish Ministers a code of practice (a “consultation code”) making provision as to the consultation which it will carry out in relation to—aproposals for, andbthe undertaking of,any significant activity in the exercise of its core functions.2The consultation code must, in particular, make provision—aas to consultation with persons who live, work or carry on business in any area significantly affected by such an activity, or who represent the interests of such persons,bas to the manner of such consultation, the information to be provided to consultees and the time to be allowed for consultees to express views,cfor Scottish Water to have regard to the views of the persons consulted in pursuance of the code,and may make different provision in relation to different cases or descriptions of case.3Before submitting the consultation code to the Scottish Ministers, Scottish Water—amust consult every water services provider and sewerage services provider and Consumer Scotland on the code and have regard to any comments on it made by any such provider or Consumer Scotland, andbmay adjust the code in light of those comments.4The Scottish Ministers may approve the consultation code—awithout modifications, orbwith such modifications as, after consulting Scottish Water, they think fit.5A consultation code submitted to the Scottish Ministers under subsection (1) comes into force only when it is approved in accordance with subsection (4).6Scottish Water must publish the approved consultation code and provide a copy of the code to any person who requests it.7Scottish Water must endeavour to comply with the approved consultation code; but contravention of the code does not of itself give rise to any criminal or civil liability.8Subject to subsection (1), Scottish Water may from time to time—avary, orbrevoke or replace,the consultation code; and this section applies to the varied or new code as it does to the original code.291Scottish Water may—ademand and recover charges for any services provided by it in the exercise of its core functions, andbfix, demand and recover charges for any goods supplied or services provided in exercise of its other functions.2Scottish Water is to exercise the power conferred by subsection (1)(a) in accordance with—aa charges scheme, orba departure from a charges scheme for which consent has been given under section 29E.3The power conferred by subsection (1)(b) is exercisable by or in accordance with an agreement with the person to be charged.4Subsections (1) to (3) are subject to sections 9A and 47 of the 1980 Act (which provide for no charge for water in certain circumstances).29A1Scottish Water must make a scheme (referred to in this Act as a “charges scheme”) which fixes the charges to be paid for services provided by Scottish Water in the exercise of its core functions.2A charges scheme must be made by reference to a determination made under section 29B.3In particular, the scheme must not fix in any case a charge exceeding any maximum charge applying to the case by virtue of the determination.4A charges scheme may make provision with respect to the times and methods of payment of the charges fixed by the scheme.5The Scottish Ministers and the Commission must provide Scottish Water with such information as it reasonably requires for the purposes of making a charges scheme.6Scottish Water must send a charges scheme to the Commission for approval by such date as the Scottish Ministers may direct.7The Commission may approve a charges scheme with or without modifications.8If the Commission approves a charges scheme with modifications, it must give its reasons for doing so.9When a charges scheme is approved by the Commission, Scottish Water must—amake arrangements for allowing any person to—iinspect the scheme at any reasonable time,iiobtain a copy of the scheme or part of it on payment of such reasonable fee (if any) as Scottish Water may determine, andbpublicise those arrangements and publish a summary of the scheme.10Following approval of a charges scheme by the Commission, the scheme comes into effect on such date as is specified in the scheme.29B1The Commission must—adetermine in writing maximum amounts of charges by reference to which a charges scheme is to be made, andbsend the determination to Scottish Water by such time as the Scottish Ministers may specify.2Maximum amounts determined under subsection (1)(a) apply in relation to such period as the Scottish Ministers may specify.3A determination made under subsection (1)(a) may make different provision for different cases or categories of case.4Before making a determination under subsection (1)(a), the Commission—amust send a draft determination to—ithe Scottish Ministers,iiScottish Water, ...iiaevery water services provider and sewerage services provider, andiii Consumer Scotland,bmust—ipublish the draft determination, andiiinvite (by way of advertisement or otherwise) representations as regards the draft determination by such time as the Commission may specify, andcmust have regard to any representations made to the Commission by virtue of paragraph (a) or (b).5The Scottish Ministers and Scottish Water must provide the Commission with such information as it reasonably requires for the purposes of making a determination under subsection (1)(a).29C1Scottish Water must exercise its functions under sections 29A and 29F for the purposes of ensuring that subsections (4) and (5) are complied with.2The Commission must—aexercise its functions under sections 29A, 29B and 29F for the purposes of ensuring that subsections (4) and (5) are complied with,bexercise its functions under section 29E for the purposes of ensuring that subsection (5) is complied with, andcin exercising its functions under those sections, have regard to—iany guidance issued to Scottish Water by the Scottish Ministers, andiiany directions given to Scottish Water under section 44 or 56,so far as relevant in relation to charges schemes.3The Scottish Ministers must—aprovide the Commission with such information as it may require for the purpose of subsection (2)(c); andbin particular, send to the Commission copies of any guidance and directions referred to in that subsection when issued or given.4This subsection is complied with if (so far as is consistent with compliance with subsection (5)) a charges scheme gives effect to any statement issued under section 29D.5This subsection is complied with if (so far as is consistent with compliance with section 41(1)) Scottish Water's receipts from the aggregate of—aits income from charges for services provided in the exercise of its core functions, andbthe amount of—iany grants paid to it under subsection (1) of section 42,iimoney it may borrow under subsection (3) of that section, andiiiany other resources reasonably available to it,for the purposes of the exercise of those functions,is not less than sufficient to meet the expenditure required for the effective exercise of those functions.29D1The Scottish Ministers must—ain respect of a period specified under section 29B(2), andbby reference to such economic or other factors as they consider relevant,issue to Scottish Water and the Commission a statement of policy regarding charges under a charges scheme.2A statement under subsection (1) is to include provision with respect to harmonisation of charges (that is to say, provision with a view to ensuring that a charges scheme does not fix different charges for similar services provided to persons of a similar category).3A statement under subsection (1) may (so far as is consistent with the provision described in subsection (2)) include provision with respect to—athe funding of particular services by charges for services as a whole,bthe proportion of the amount of income requiring to be raised by charges fixed by a charges scheme to be contributed by each category of person to whom Scottish Water provides services,cthe fixing of levels of charges by reference to—idifferent categories of person to whom Scottish Water provides services, oriiliability for council tax under Part II (Council tax: Scotland) of the Local Government Finance Act 1992 (c. 14), anddsuch other matters as the Scottish Ministers think fit.4In preparing a statement under subsection (1), the Scottish Ministers must have regard to Scottish Water's duty under section 51(1).5Before issuing a statement under subsection (1), the Scottish Ministers must consult—athe Commission,aaevery water services provider and sewerage services provider,b Consumer Scotland,cScottish Water.29E1Scottish Water may, in any particular case, apply to the Commission for its consent to depart from a charges scheme in respect of charges to be paid for services provided to a water services or sewerage services provider.2The Commission may consent to a departure from a charges scheme only if satisfied that—aa customer of the provider has done, or has agreed to, something which reduces or increases the costs incurred by Scottish Water in providing the services to the provider, andbthe departure is otherwise justified in the circumstances of the case.3Where the Commission consents to a departure, it may do so subject to such reasonable conditions as it considers are appropriate in the case.4Where the Commission withholds its consent to a departure, it must give its reasons for doing so.5The Commission is to make provision in writing which specifies—athe procedure to be followed for the purposes of determining applications made under subsection (1), andbany matters to be taken into account and the criteria to be applied in—idetermining whether a departure from a charges scheme is justified, andiithe fixing, by Scottish Water, of lower or (as the case may be) higher charges to be paid for the services in question where it is determined that a departure is justified.6The Commission may from time to time revise the provision.7In preparing or revising the provision, the Commission must consult—athe Scottish Ministers and Scottish Water, andbsuch other persons as it thinks fit,as to the procedure to be followed in considering applications made under subsection (1).8The Commission must send a copy of the provision to—athe Scottish Ministers,bScottish Water, andcevery water services and sewerage services provider.9Scottish Water must publish details of every departure from a charges scheme.29F1This subsection applies where, since the making of a determination under section 29B(1)(a), there has been or is likely to be material change to—aScottish Water's income from charges for services provided in the exercise of its core functions,bthe amount of—iany grants paid to it under subsection (1) of section 42,iimoney it may borrow under subsection (3) of that section, oriiiany other resources reasonably available to it,for the purposes of the exercise of those functions, orcthe expenditure required for the effective exercise of those functions.2Where subsection (1) applies, Scottish Water—amay of its own accord,bmust, if the Commission requests it to do so,send to the Commission proposals for revising the maximum amounts of charges determined under section 29B(1)(a).3The Commission—amust, after receipt of the proposals, review those amounts, andbmay revise those amounts to such extent as it thinks fit.4In reviewing those amounts, the Commission must take into account all matters affecting the resources available to Scottish Water for the purposes of the exercise of its core functions.5Before revising those amounts, the Commission must—aintimate to the Scottish Ministers that revision of those amounts is under consideration,binvite (by way of advertisement or otherwise) representations as regards revision of those amounts by such time as the Commission may specify, andchave regard to any representations made to the Commission by virtue of paragraph (a) or (b).6The Commission must give its reasons for deciding whether or not to revise those amounts.7Where the Commission revises those amounts, it must send to Scottish Water written notice which specifies the revised amounts.8Scottish Water—amay, after receipt of the notice, revise any charges fixed by the charges scheme by reference to the revised amounts specified in the notice, andbif it does so, must send written notice of the revised charges to the Commission for approval.9The Commission may approve any revised charges with or without modifications.10If the Commission approves any revised charges with modifications, it must give its reasons for doing so.11When revised charges are approved by the Commission, Scottish Water must publish a summary of the revised charges and the date from which they have effect.12The date from which the revised charges have effect is to be determined by the Commission.29GFor the purposes of sections 29C(5) and 29F(1), Scottish Water is to be taken to be exercising its core functions effectively if (in discharging its statutory duties and contractual obligations relating to the exercise of those functions) it makes such use of its resources that, year on year, it—aachieves the objectives contained in any directions given by reference to section 56A, andbdoes so at the lowest reasonable overall cost.301 A charges scheme must also fix maximum charges which a person other than Scottish Water may recover from another such person in respect of the supply of water to, the provision of sewerage to, or the disposal of sewage for that other person with the help of services provided by Scottish Water.2For the purposes of this section, water is supplied to, sewerage provided to, or sewage disposed of for a person with the help of services provided by Scottish Water if—aa facility for that person to have access to a supply of water provided by Scottish Water in pipes, or to make use of sewerage which is, or facilities for the disposal of sewage which are, provided by Scottish Water is made available to that person otherwise than by Scottish Water,bthat person is provided with a supply of water in pipes by a person to whom the water is supplied, directly or indirectly, by Scottish Water, orcthat person is provided with sewerage, or with facilities for the disposal of sewage, by a person who, for the purposes of providing the sewerage or facilities, makes use of sewerage or of such facilities provided, directly or indirectly, by Scottish Water.3 In relation to maximum charges fixed by virtue of subsection (1), the charges scheme may make different provision in relation to different persons, circumstances or localities and may fix a maximum charge either by specifying the maximum amount of the charge or by specifying a method of calculating that amount.4Where a person pays a charge in respect of anything to which , by virtue of subsection (1), a charges scheme relates and the amount paid exceeds the maximum charge fixed by the scheme , the amount of the excess is recoverable by that person from the person to whom the charge was paid.31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .351Supplies of water provided by Scottish Water to any premises and the provision and maintenance by Scottish Water of communication pipes and supply pipes for the purposes of such supplies are to be treated for the purposes of this Act as services provided to the occupier for the time being of those premises.2The provision of sewerage, and the disposal of sewage, provided by Scottish Water are to be treated for the purposes of this Act as provision to, or as disposal for, the occupier for the time being of any premises which—aare drained by a sewer or drain connecting, either directly or through an intermediate sewer or drain, with a public sewer provided for foul water or surface water or both, orbare premises the occupier of which has, in respect of the premises, the benefit of facilities which drain to a sewer or drain so connecting.3Subject to subsection (5), in relation to any period during which premises referred to in subsection (1) or (2) are unoccupied, references to the occupier in the subsection in question are to be construed as references to the owner of the premises.4Subsections (1) to (3) do not apply so far as provision to the contrary is made by any agreement to which Scottish Water is a party.5Charges which, under section 29, are fixed in relation to any premises by reference to volume may be imposed so that a person remains liable, in relation to those premises, to pay charges for—aa supply of water, andbprovision of sewerage or disposal of sewage,provided by Scottish Water after the person has ceased to be occupier of the premises.6A person is liable by virtue of subsection (5) for any charges fixed in relation to any premises by Scottish Water only where that person fails to inform Scottish Water of the ending of that person’s occupation of the premises at least 48 hours before that person ceases to occupy them.7The charges for which a person may be liable by virtue of subsection (5) are charges in respect of a period ending no later than whichever of the following first occurs after the person ceases to occupy the premises—awhere the person informs Scottish Water of the ending of that person’s occupation, the 28th day after informing Scottish Water,bany day on which any meter would normally have been read in order for the amount of the charges to be determined,cany day on which any other person informs the authority that that other person has become the new occupier of the premises.8In calculating the period of 48 hours referred to in subsection (6) any time falling on—aa Saturday or Sunday,bChristmas Day or Good Friday, orca day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c.80),is to be disregarded.9In subsection (1), “communication pipes” and “supply pipes” have the same meanings as in the 1980 Act.10This section does not apply to or in relation to any services provided by Scottish Water under section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3) except where the provision of the service is continued under section 17(1) or 20(1) or (3) of that Act.35A1Supplies of water provided to any premises by Scottish Water under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3) are to be treated, for the purposes of sections 29 to 29F, as services provided solely to the water services provider who made the related request under subsection (1) of that section in respect of the premises.2The provision of sewerage to, and disposal of sewage from, any premises by Scottish Water under subsection (5) of that section of that Act are to be treated, for the purposes of sections 29 to 29F, as services provided solely to the sewerage services provider who made the related request under subsection (4) of that section in respect of the premises.3But—awhere the supplies of water provided to the premises are continued under subsection (1) of section 17 of that Act, subsection (1) does not apply,bwhere the provision of sewerage to, or disposal of sewerage from, the premises is continued under subsection (1) or (3) of section 20 of that Act, subsection (2) does not apply.361In the application of section 35 to services which are the subject of a determination under section 37(1)(a), references in section 35(1) and (2) to the occupier of premises are references to the person—awho is liable under or by virtue of sections 75 to 77 of the Local Government Finance Act 1992 (c.14) to pay council tax (within the meaning of section 70(1) of that Act) in respect of the premises, orbwho would be so liable but for the premises being an exempt dwelling (within the meaning of Part II of that Act).2Without prejudice to subsections (3) and (4) of section 35, the Scottish Ministers may, after consulting such persons as they think fit, by order make provision, in relation to such premises or description of premises as the order may specify, as to the persons who are, for the purposes of subsections (1) and (2) of that section, to be treated as being, or as not being, occupiers of the premises.3Section 35(3) and subsection (2) of this section do not apply in a case to which subsection (1) of this section applies.371The Scottish Ministers may by order determine—athat as respects specified services provided, within a financial year specified in the order, by Scottish Water to dwellings, or to such description of dwellings as the order may specify—iwithin the area of a local authority, oriiwithin such part of that area as the order may specify,the authority and not Scottish Water is to demand and recover charges payable for those services under a charges scheme, andbthat the authority is, at such intervals as may be so specified, to make such payments to Scottish Water (to which no other amount is to 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.2In subsection (1), “specified services” means services specified, or of a description specified, in the order.3An order under subsection (1) may include provision as to—aforms and procedures which the local authority is to adopt in demanding payment,bcircumstances in which a customer of Scottish Water who is aggrieved by a decision or calculation of the local authority may appeal—iexcept in a case specified by virtue of sub-paragraph (ii), to the First-tier Tribunal for Scotland, oriiin such cases as 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,cprocedures to be followed in any appeal by virtue of paragraph (b),dthe provision, for the purposes of this section, of information by Scottish Water to the local authority,ethe keeping by the local 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 Scottish Water.4Schedule 4 makes provision about recovery by a local authority of unpaid charges.5In this section and section 38, “dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992 (c.14).381This section applies in relation to any dwellings to which Scottish Water provides services which are the subject of a determination under section 37(1)(a).2Where, in relation to any such dwellings, Scottish Water serves a notice under this subsection on the relevant local authority, the services which are the subject of the determination, so far as provided to dwellings to which the notice relates, are to be treated for so long as the notice remains in force as if they were not subject to the determination.3A notice under subsection (2) may be withdrawn in whole or in part by Scottish Water by serving a further notice on the relevant local authority.4The Scottish Ministers may by regulations make provision as to—athe form and content of a notice under subsection (2) or (3),bwhen such a notice comes into force,c(either or both) the maximum and minimum numbers of dwellings to which such a notice may relate,dsuch other matters in relation to such a notice as the Scottish Ministers think necessary or expedient.5Regulations under subsection (4) may also make provision for the payment by Scottish Water to the relevant local authority of a sum, specified in or calculated in accordance with the regulations, in respect of any reasonable administrative expenses incurred by the authority in consequence of the service of a notice under subsection (2) or (3).6In this section, “the relevant local authority” means the local authority which—ais, by virtue of the determination under section 37(1)(a), responsible for demanding and recovering charges payable for services provided by Scottish Water to the dwellings to which the notice under subsection (2) or (3) relates and which are the subject of the determination, orbwas, until the notice came into force, so responsible.39Sections 29(1) and 37 are without prejudice to—athe duties of Scottish Water under section 6 of the 1980 Act (which include the duty to maintain a supply of wholesome water provided to meet a requirement for domestic purposes),bthe entitlements of any person under section 12 of the 1968 Act (which include the entitlement of an occupier of premises to drain into public sewers to which the drains or private sewers of the owner of the premises are connected).40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .411Scottish Water must exercise its functions so as to secure that, taking one year with another, its income is not less than sufficient to meet its expenditure.2The Scottish Ministers may by order direct Scottish Water to exercise its functions, during any period specified in the order, with a view to securing that it achieves in respect of that period a rate of return on the value of its average net assets (as for the time being defined for the purposes of this section by the Scottish Ministers) which is not less than the rate specified in the order as the rate of return which the Scottish Ministers consider it is reasonable for Scottish Water to achieve.3Without prejudice to subsection (1), the Scottish Ministers may, after consulting Scottish Water, determine that Scottish Water is (in addition to or in place of a duty imposed by virtue of subsection (2)) subject to a specified duty of a financial nature; and different determinations may be so made in relation to different functions of Scottish Water.4A determination under subsection (3) may—arelate to a period beginning before the date on which it is made,bcontain incidental or supplemental provisions,cbe varied by a subsequent determination under that subsection.5A determination under subsection (3) must be made by order where—athe duty specified in it is in place of a duty imposed by virtue of subsection (2), orbit varies a previous determination made by order.6Scottish Water must secure that its charges make a proper contribution to its duties, as respect financial matters, under this Act, taking into account—aits present circumstances and future prospects, andbany duty imposed on it by virtue of subsection (2) or (3).421The Scottish Ministers may pay to Scottish Water grants of such amounts as they may determine—ain respect of the exercise of its functions and its administrative expenses,bfor the purpose of meeting, or alleviating, any loss it may sustain by virtue of regulations made under section 40.2A grant under subsection (1) may be made subject to such conditions as the Scottish Ministers think fit.3For the purpose of the exercise of any of its functions, Scottish Water may—asubject to such conditions as the Scottish Ministers think fit, borrow from them, and they may lend to it, sums of such amounts as they may determine, andbwith the consent of the Scottish Ministers, borrow money, whether in sterling or otherwise, from any person or body, whether in the United Kingdom or elsewhere.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Any loans made in pursuance of subsection (3)(a) are to be repaid to the Scottish Ministers at such times and by such methods, and interest on the loans is to be paid to them at such times and at such rates, as they may from time to time direct.42A1The Scottish Ministers may pay to a subsidiary of Scottish Water grants of such amounts as they may determine.2A subsidiary of Scottish Water may borrow—afrom the Scottish Ministers (and they may lend to it) sums of such amounts as they may determine,bmoney from any other person, whether—iin sterling or otherwise,iithe person is in the United Kingdom or elsewhere.3A grant or loan in pursuance of subsection (1) or (as the case may be) (2)(a) may be made subject to such conditions as the Scottish Ministers think fit.4A loan made in pursuance of subsection (2)(a) is to be repaid to the Scottish Ministers at such times and by such methods (and interest on the loan is to be paid to them at such times and at such rates) as they may from time to time direct.5Borrowing may be made in pursuance of subsection (2) only with the consent of Scottish Water (except where it is the lender).6This section does not apply where the subsidiary is an undertaking established under section 13(1) of the Water Services etc. (Scotland) Act 2005.7In this section and section 42B(1), “subsidiary” is as defined in section 1159 of the Companies Act 2006.42B1In any financial year, the net amount of sums borrowed by Scottish Water and any subsidiary of Scottish Water in pursuance of sections 42 and 42A (taken together) must not exceed the amount specified for that year for the purposes of this section in a Budget Act.2In subsection (1), “net amount” means amount of sums borrowed in the financial year less—aany repayments made during that year (otherwise than by way of interest) in respect of sums borrowed in that or any other year, andbany sums borrowed, with the consent of the Scottish Ministers, by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.431The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sums borrowed by Scottish Water or any subsidiary of Scottish Water.2Immediately after a guarantee is given under this section, the Scottish Ministers must lay a statement of the guarantee before the Parliament.3Where any sum is paid out in fulfilment of a guarantee under this section, Scottish Water must make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—apayments of such amounts as they may so direct in or towards repayment of the sums so paid out, andbpayments of interest, at such rate as they may so direct, on the amount outstanding for the time being in respect of sums so paid out.4In subsection (1), “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.441The Scottish Ministers may, after consulting Scottish Water, direct it to pay to them, on a date specified in the direction, a sum specified in, or calculated in accordance with, the direction, being a sum not required for the exercise of its functions.2The Scottish Ministers may, after consulting Scottish Water, direct it to invest, in such manner as may be specified in the direction, a sum specified in, or calculated in accordance with, the direction, being a sum not immediately required for the exercise of its functions.3A direction under subsection (1) or (2) is not competent in relation to any sum which is payable to the Scottish Ministers under or by virtue of any other provision of this Act.451Scottish Water must—akeep proper accounts and accounting records,bprepare for each financial year a statement of accounts giving a true and fair view of the state of its affairs and its income and expenditure, andcsend the statement of accounts, by such time as the Scottish Ministers may direct, to the Auditor General for Scotland for auditing.2Every statement of accounts prepared by Scottish Water in accordance with this section must comply with any direction given by the Scottish Ministers relating to—athe information to be contained in the statement of accounts,bthe manner in which that information is to be presented, orcthe methods and principles according to which the statement of accounts is to be prepared.461Scottish Water may under this subsection—afor the purposes of any of its functions, orbfor the purpose of the provision, by some person other than itself, of—ia supply of water to the public, oriia system, to which the public is to have access, of drains, sewers, sustainable urban drainage systems or sewage treatment works,acquire by agreement any land (other than water rights) wherever situated.2Subsection (3) applies in relation to any acquisition of land under subsection (1) for the purposes of any of the core functions of Scottish Water or for the purpose mentioned in paragraph (b) of that subsection.3In relation to any such acquisition of land, the Lands Clauses Acts (except in so far as they relate to acquisition other than by agreement and to access to the special Act and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845 (c.19)), and—ain a case where the acquisition is—iin relation to Scottish Water’s functions under or by virtue of the 1968 Act, oriifor the purpose of the provision of a system such as is mentioned in paragraph (b)(ii) of subsection (1) of this section,sections 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (c.33) (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923 (c.20)), andbin any other case, section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (as referred to in paragraph (a)) and Part IV of Schedule 4 to the 1980 Act,are hereby incorporated with this section; and, in construing those Acts for the purposes of that subsection, this section is to be taken to be the special Act and Scottish Water is to be taken to be the promoter of the undertaking or company as the case may require.471Scottish Water may—afor the purposes of any of its core functions, orbfor the purpose specified in section 46(1)(b),be authorised by the Scottish Ministers to purchase compulsorily under this subsection land (other than water rights) situated in Scotland.2Subsection (1) is—awithout prejudice to any order under section 17 (acquisition of water rights) of the 1980 Act, andbsubject to section 18 (authorisation of compulsory acquisition of land necessary for purposes of order under section 17) of that Act.3Scottish Water is, in respect of all of its core functions, a statutory undertaker for the purposes of section 120(1)(b) of the Local Government, Planning and Land Act 1980 (c.65) (persons to whose compulsory acquisition of an interest in land the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) in certain circumstances applies).4Scottish Water may be authorised by the Scottish Ministers to purchase compulsorily, or may acquire by agreement, land in Scotland for giving in exchange for such land as is mentioned in section 1(2)(b) of that Act of 1947.5This section is subject to section 67(4).481Scottish Water may dispose of land held by it in any manner, to whomsoever and for whatever purpose it wishes.2But Scottish Water may not, except with the consent of the Scottish Ministers, dispose of land under subsection (1) for a consideration less than the best that could reasonably be expected to be obtained on the open market.49The Scottish Ministers, when exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, when exercising its functions, must have regard to the interests of every person whose premises are connected to, or might reasonably become connected to, the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both; and especially of such of those persons as—aare likely, by reason of a persistent disability or medical condition or of family circumstances, to require to have a much greater supply of water, or to make much greater use of facilities for the disposal of sewage, than might ordinarily have been expected, orbare ordinarily resident in a rural or remote part of Scotland.50Scottish Water must, in exercising its functions, seek to ensure that its resources are used economically, efficiently and effectively.50A1So far as it considers is not inconsistent with the economic, efficient and effective exercise of its functions, Scottish Water must take reasonable steps to develop the commercial value of its assets and expertise.2In complying with subsection (1), Scottish Water must have regard to any guidance for the time being issued by the Scottish Ministers.3In this section, “assets” means property, rights and other assets (whether tangible or intangible).511Scottish Water must, in exercising its functions, act in the way best calculated to contribute to the achievement of sustainable development.2Subsection (1) applies so far as is consistent with the purposes of any enactment relating to the functions of Scottish Water.3In complying with subsection (1) Scottish Water must have regard to any guidance for the time being issued by the Scottish Ministers.51A1So far as it considers is not inconsistent with the economic, efficient and effective exercise of its functions, Scottish Water must take reasonable steps to promote the use of its assets for the generation of renewable energy.2In complying with subsection (1), Scottish Water must have regard to any guidance for the time being issued by the Scottish Ministers.3In this section, “assets” means property, rights and other assets (whether tangible or intangible).521The Scottish Ministers, in exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, in exercising its functions, must have regard to the desirability of preserving for the public any freedom of access (including access for recreational purposes) to land held by Scottish Water.2This section is without prejudice to section 53(1) and (2)(a).531The Scottish Ministers, in exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, in exercising its functions, must have regard to the matters specified in subsection (2).2Those matters are—athe desirability of preserving for the public any freedom of access (including access for recreational purposes) to areas of forest, woodland, mountains, moor, bog, cliff, foreshore, loch or reservoir and to other places of natural beauty, andbthe desirability of protecting and conserving—ibuildings,iisites, andiiiobjects,of archaeological, architectural, historic or scientific interest and of maintaining the availability to the public of any facility for visiting or inspecting any such building, site or object.3The Scottish Ministers and Scottish Water must, in exercising the functions referred to in subsection (1), further—athe conservation and enhancement of natural beauty and the conservation of flora and fauna, andbthe conservation of geological or physiographical features of special interest.4Subsection (3) applies so far as is consistent with the purposes of any enactment relating to the functions of the Scottish Ministers or, as the case may be, Scottish Water (whether or not functions under or by virtue of this Act, the 1968 Act or the 1980 Act).541Scottish Natural Heritage (“SNH”) must by notice in writing notify Scottish Water of any area of land in Scotland which is a European site within the meaning of Regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716) .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Where SNH has given notice under subsection (1) in respect of an area of land and—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c... the area ceases to be a European site,SNH must by notice in writing advise Scottish Water of that fact.4Where Scottish Water has received notice under subsection (1), it must (unless SNH has given notice under subsection (3) to the effect that the area of land in question is no longer a European site ) consult SNH before commencing any scheme, work, operation or activity which is likely to prejudice significantly the qualities by reference to which the area of land ... is a European site.5Before commencing any scheme, work, operation or activity which appears to Scottish Water to be likely to affect adversely an area of land designated as a National Park under the National Parks (Scotland) Act 2000 (asp 10), Scottish Water must consult the National Park authority for the National Park.6Subsections (4) and (5) do not apply in relation to anything to be done by Scottish Water in an emergency but particulars of what is done and of the emergency must be notified by Scottish Water to SNH or, as the case may be, the National Park authority as soon as is practicable after the thing is done.551Where it appears to Scottish Water that (whether or not as a result of any act or omission by it) services provided by it in the exercise of its core functions give rise to, or are likely to give rise to, a significant risk to public health in relation to the area of any Health Board, Scottish Water must—aconsult the Health Board, andbexercise its core functions with a view to reducing or eliminating the risk to public health, having regard to any views expressed by the Health Board.2This section is without prejudice to section 11(6).561The Scottish Ministers must give Scottish Water directions—aas to the exercise of its powers under section 25 and schedule 3, andaarequiring it to promote water conservation and water-use efficiency,botherwise as to how its affairs are to be managed and conducted.2Directions under subsection (1) may be of a general or specific character and may, in particular, include provision—aas to the nature and allocation of the responsibilities of the members and employees of Scottish Water,brequiring Scottish Water to obtain the approval of, or to consult, the Scottish Ministers before exercising such of its powers, or exercising them in such ways, as the directions may specify,cfor any matter to which the directions relate to be determined, in such manner (if any) as the directions may specify, by a person other than the Scottish Ministers.3The Scottish Ministers may give Scottish Water other directions of a general or specific character as to the exercise of its functions.4Before giving any direction under this section, the Scottish Ministers must consult Scottish Water.5Scottish Water must comply with directions given under this Part.56A1In particular, directions under section 56 may in respect of a period specified under section 29B(2) set objectives as to—athe standard of the services to be provided in the exercise of Scottish Water's core functions, andbthe time by which—ia particular standard of any of those services is to be attained,iiany particular work required for or in connection with the provision of those services is (in part or whole) to be commenced or completed.2Different objectives may be set for different cases or categories of case.3In formulating objectives of a type referred to in subsection (1) for inclusion in directions under section 56, the Scottish Ministers must have regard to Scottish Water's duty under section 51(1).4Before giving directions under section 56 which set objectives of a type referred to in subsection (1), the Scottish Ministers must consult every water services provider and sewerage services provider and Consumer Scotland on the objectives.56B1The Scottish Ministers may by order confer on Scottish Water such additional or supplementary functions relating to the provision of water and sewerage services by Scottish Water as the Scottish Ministers consider appropriate so to confer.2The Scottish Ministers are to consult Scottish Water and the Commission on any order they propose to make under subsection (1).571Scottish Water must provide the Scottish Ministers with such information relating to the exercise of its functions as they may require.2For that purpose Scottish Water must—apermit any person authorised to do so by the Scottish Ministers to inspect and make copies of its accounts and other records, andbprovide that person with such explanations in relation to those accounts and records as the person or the Scottish Ministers may require.3Scottish Water must prepare—aa report on its activities during the period from the beginning of each financial year to 30th September in that year, andba report on its activities during the whole of each financial year,as soon as practicable after the end of the period to which the report relates.4A report prepared under subsection (3)(a) must include a statement of accounts for the period to which the report relates; and subsection (2) of section 45 applies to such a statement of accounts as it applies to a statement of accounts prepared in accordance with that section.5A report prepared under subsection (3)(b) must include—aa description of the manner in which Scottish Water has complied, during the period to which the report relates, with its duties under sections 26, 28, 50 and 51, andbthe reasons for any failure, during that period, to comply with its duties under sections 26 and 28.6Scottish Water must—asend a copy of each report prepared under subsection (3) to the Scottish Ministers, the Commission , every water services provider and sewerage services provider and Consumer Scotland, andbpublish the report.7A report prepared under subsection (3) must set out—aany directions under section 56 which have been given to Scottish Water during the period to which the report relates , andbthe extent to which Scottish Water has, during that period, complied with any requirements made under section 13(2) or 15(1) or (5) of the Water Services etc. (Scotland) Act 2005 (asp 3).8The Scottish Ministers must lay a copy of a report sent to them under subsection (6) before the Parliament.581This section applies to all records (in whatever form or medium)—atransferred to Scottish Water by virtue of this Act,bcreated or acquired by it in the exercise of any of its functions, orcotherwise in its keeping.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Scottish Water—amust ensure that the Keeper has, at all reasonable hours, unrestricted access to the records preserved by it,bmay afford facilities for any person to inspect and, on payment of a reasonable fee, to obtain copies of or extracts from those records.6Nothing in subsection (5)(b) permits infringement of copyright or contravention of conditions subject to which records are in the keeping of Scottish Water.7If any enactment makes provision relating to records of a specific kind which is inconsistent with subsections (1) to (6), those subsections are subject to that enactment.59The validity of any actings of Scottish Water is not affected by any failure to comply with a duty imposed on it under or by virtue of this Part.601Scottish Water may, if it thinks fit—awith the consent of the Scottish Ministers, promote private legislation in the Scottish Parliament,boppose private legislation in the Parliament of the United Kingdom or the Scottish Parliament.2An application for consent under subsection (1)(a) must be accompanied by a concise summary of the purposes of the proposed legislation.3Such consent must be withheld if the Scottish Ministers consider that the powers sought by the private legislation could be obtained by means of an order under the 1968 Act or, as the case may be, the 1980 Act.61The Local Authorities (Goods and Services) Act 1970 (c.39) has effect as if Scottish Water were both a local authority and a public body for the purposes of that Act.621The Scottish Ministers may by regulations require a local authority or an assessor to provide Scottish Water with relevant information in such form as the regulations may specify.2For the purposes of subsection (1), information is relevant if—ait is information falling within subsection (3), andbits possession by Scottish Water would, in the opinion of the Scottish Ministers, be likely to assist Scottish Water to make a charges scheme or to collect, or arrange to have collected, such charges as may be fixed by a charges scheme made by it.3Information falls within this subsection if it is held—aby the local authority in connection with their—isetting, levying or collecting council tax or council water charges (within the meaning of Part II of the Local Government Finance Act 1992 (c.14)) or the non-domestic water rate or non-domestic sewerage rate (as defined in paragraphs (c) and (d) of section 99(2) of that Act before the repeal of those paragraphs by the 1994 Act), oriilevying or collecting the non-domestic rate (as for the time being defined in section 37(1) of the Local Government (Scotland) Act 1975 (c.30), orbas the case may be, by the assessor in connection with the assessor’s functions under any enactment.4In this section—“assessor” is to be construed in accordance with section 27 of the 1994 Act,“information” includes, in particular, a copy of the whole, or of any part of, a valuation roll or valuation list. Part 4 63After section 37B of the 1968 Act insert—37C1Despite subsection (2) of section 37A of this Act, Scottish Water shall not enter in the register maintained under that section information relating to the affairs of any individual or business if—ait determines, on the application of the person providing the information, that it is commercially confidential (as regards that or any other person), andbthe information is not information which is required to be entered in the register in pursuance of a direction under subsection (4) below.2If, on an application under subsection (1) above, Scottish Water fails to make a determination within the period of 21 days beginning with the date of the application, it shall be treated as having determined that the information is commercially confidential.3Where, on an application under subsection (1) above, Scottish Water determines that information is not commercially confidential, the information shall not be entered on the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned.4The Scottish Ministers may give Scottish Water directions as to specified information, or descriptions of information, which the public interest requires to be included in the register regardless of whether the information is commercially confidential.5Information excluded from the register by virtue of subsection (1) above shall be treated as ceasing to be commercially confidential for the purposes of this section on the expiry of the period of 4 years beginning with the date of the determination by virtue of which it was excluded unless Scottish Water determines, on the application of the person who provided the information, that it is still commercially confidential.6Subsection (2) above applies in relation to an application under subsection (5) above as it applies in relation to an application under subsection (1) above.7The Scottish Ministers may, by order made by statutory instrument, substitute (whether in all cases or in such descriptions of case as the order may specify) for the period for the time being specified in subsection (2) above such other period as they consider appropriate.8A statutory instrument containing an order under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.9Information is, for the purposes of any determination under this section, commercially confidential, in relation to any person, if its inclusion in the register would prejudice to an unreasonable degree the commercial interests of that person.64After section 24A of the 1980 Act insert—24B1This section applies where, in relation to any premises (“the premises concerned”), the conditions specified in subsection (2) are satisfied.2The conditions referred to in subsection (1) are that—aScottish Water is supplying or proposes to supply water to the premises,bsuch supply is or is to be by meter, andcthere is a service pipe which is connected with a water main vested in Scottish Water and by which a supply of water is or could be provided to those premises.3Where this section applies, Scottish Water may serve a notice on the owner of the premises concerned requiring the execution, within such period of not less than 3 months as the notice shall specify, of such of the works mentioned in subsection (4) as the notice may specify.4The works referred to in subsection (3) are, in relation to the premises concerned—aworks consisting of the installation and connection of any meter for use in determining the quantity of water supplied to the premises,bwhere a supply of water is or could be provided by the service pipe referred to in subsection (2)(c) to other premises as well as the premises concerned, works consisting of the installation, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for the premises concerned, but only to the extent that such a pipe will constitute a supply pipe and is not required to be laid in a road,cworks for the purpose of maintaining, repairing, disconnecting or removing—iany meter which has been installed for use in determining the quantity of water supplied to the premises, oriiany pipes or apparatus installed in the course of any works specified in this section, anddany other works appearing to Scottish Water to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c), including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.5In the case of any of the works mentioned in paragraph (a) of subsection (4) and paragraph (c)(i) of that subsection so far as relating to maintenance and repair of a meter, Scottish Water may execute the works itself instead of requiring the owner, under subsection (3), to execute the works.6If an owner upon whom a notice has been served under subsection (3) fails to comply with it, Scottish Water may itself execute the works which the owner was required by the notice to execute.7Where Scottish Water has served a notice under that subsection requiring the execution of the works mentioned in paragraph (b) of subsection (4), it shall, within 14 days after those works have been executed, lay so much of the separate service pipe referred to in that paragraph as will constitute a communication pipe or a supply pipe to be laid in a road and shall make all necessary connections.8Scottish Water may recover from the owner of the premises concerned any expenses reasonably incurred by it in executing any works under subsection (5), (6) or (7).9Subsection (8) is without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.651Section 72 (general provisions as to byelaws) of the 1980 Act is amended as follows.2In subsection (3) (maximum level of penalty), for “level 4” substitute “ level 5 ”.3After that subsection, insert—3ASubject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—awithin 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’s knowledge, orbwhere such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.3BNo such proceedings shall be commenced more than 3 years after—athe date of the commission of the offence, orbin the case of a continuing offence, the last date on which the offence was committed.3CSubsection (3) of section 136 (time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for the purposes of that section.3DFor the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date on which evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidence of that fact.3EA certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.661Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—aany director, manager, secretary, member or other similar officer of the body corporate, orbany person who was purporting to act in any such capacity,that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.2Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.671This Act binds the Crown, but nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity.2No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public authority or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.3Despite subsection (2), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.4The powers conferred by section 47 are only exercisable—ain relation to land forming part of the Crown Estate, with the consent of the Crown Estate Commissioners, andbin relation to land to which section 90B(5) of the Scotland Act 1998 applies, with the consent of the person having the management of the land concerned.681Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.2Any such power includes power—ato make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,bto make different provision for different purposes and different areas.3An order under section 24(3) or 69 may modify any enactment, instrument or document.4A statutory instrument containing an order or regulations under this Act (except sections 41(5), 56B and 72(1) and, where subsection (5) of this section applies, sections 24(3) and 69) is subject to annulment in pursuance of a resolution of the Scottish Parliament.5No order under section 24(3) or 69 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft has been laid before, and approved by resolution of, the Parliament.6No order is to be made under section 41(5) or 56B unless a draft has been laid before, and approved by resolution of, the Parliament.69The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.701In this Act, unless the context otherwise requires—“the 1968 Act” means the Sewerage (Scotland) Act 1968 (c.47),“the 1980 Act” means the Water (Scotland) Act 1980 (c.45),“the 1994 Act” means the Local Government etc. (Scotland) Act 1994 (c.39),“charges scheme” has the meaning given by section 29A(1) , “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux, “the Commission” means the Water Industry Commission for Scotland established under section 1(1) of this Act, “financial year” means a period of 12 months ending with 31st March, “the First-tier Tribunal for Scotland” means the First-tier Tribunal for Scotland, established by section 1 of the Tribunals (Scotland) Act 2014; “local authority” means a council constituted under section 2 of the 1994 Act,“new water and sewerage authorities” means the bodies established by section 62(1) of the 1994 Act and—a reference to a new water and sewerage authority is a reference to any of those bodies,“water area” and “sewerage area”, in relation to any such authority, are to be construed in accordance with that section,“the Parliament” means the Scottish Parliament. “sewerage services provider” has the meaning given in section 6(4) of Water Services etc. (Scotland) Act 2005 (asp 3), “water services provider” has the meaning given in section 6(2) of the Water Services etc. (Scotland) Act 2005.2In this Act, the references to core functions in relation to Scottish Water are to its functions under or by virtue of—athe 1968 Act and the 1980 Act,bany other enactment (including this Act) so far as relating to the provision of water or sewerage services in Scotland.711Schedules 5 and 6 make modifications of, respectively, the 1968 Act and the 1980 Act.2Schedule 7 makes modifications of other enactments.721The provisions of this Act, other than this section and sections 66 to 70, come into force on such day as the Scottish Ministers may by order appoint.2This Act may be cited as the Water Industry (Scotland) Act 2002.SCHEDULE A1(introduced by section 1(4))11The Commission is a body corporate.2The Commission—ais not a servant or agent of the Crown,bhas no status, immunity or privilege of the Crown,and its property is not to be regarded as property of, or held on behalf of, the Crown.2The Commission is to consist of the following members—anot fewer than 3, nor more than 5, ordinary members, andbthe person holding the post of chief executive.31Each ordinary member—ais to be appointed by the Scottish Ministers for such period as is specified in the appointment,bmay, by written notice to the Scottish Ministers, resign as a member,cin other respects, holds and vacates office on such terms and conditions as the Scottish Ministers may determine, anddafter ceasing to hold office is eligible for reappointment as a member.2The Scottish Ministers may remove an ordinary member from office and the Commission may, with the approval of the Scottish Ministers, remove the member who is the chief executive from office if satisfied that—athe member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract, orbthe member—iis incapacitated by physical or mental illness,iihas been absent from meetings of the Commission for a period longer than 3 consecutive months without the permission of the Commission, oriiiis otherwise unable or unfit to discharge the functions of a member or is unsuitable to continue as a member.4A person is disqualified from appointment, and from holding office, as a member of the Commission if that person is a member of—athe House of Lords,bthe House of Commons,cthe Scottish Parliament, ordthe European Parliament.51The Scottish Ministers—amust appoint one of the ordinary members to chair meetings of the Commission, andbmay, after consulting that member, appoint another ordinary member to act as deputy to that member.2The member appointed to chair the meetings and any member appointed to act as deputy to that member hold and vacate office as such in accordance with the terms of their appointments.3A member so appointed may, by written notice to the Scottish Ministers, resign from office as such.4A member so appointed vacates office on ceasing to be a member of the Commission.5Where a member—ais appointed to chair meetings or to act as deputy to the member so appointed, orbceases to hold office as such,the Scottish Ministers may vary the terms of the member's appointment so as to alter the date on which office as a member is to be vacated.61The Commission must pay to each ordinary member such remuneration as the Scottish Ministers may determine.2The Commission must pay to each ordinary member and the chief executive such allowances as the Scottish Ministers may determine in respect of expenses properly incurred in the performance of their duties as a member.3Where a person ceases to be an ordinary member otherwise than on the expiry of that person's term of appointment, the Scottish Ministers may, if they think there are special circumstances, direct the Commission to pay to the person such amount of compensation as they may determine.4The Scottish Ministers may direct the Commission to pay—asuch pension, allowance or gratuity to, or in respect of, any person who is or has been an ordinary member,bsuch contribution or other payment towards provision for such pension, allowance or gratuity,as they consider appropriate.71The Commission is to employ a chief executive.2The Scottish Ministers are to appoint the first chief executive of the Commission on such terms and conditions as the Scottish Ministers may determine.3Before making the appointment of the first chief executive, the Scottish Ministers must consult the member of the Commission appointed, or to be appointed, to chair the meetings of the Commission (if there is a person holding, or as the case may be designated to hold, that office).4The Commission may, with the approval of the Scottish Ministers, make subsequent appointments to the post of chief executive on such terms and conditions as it may with the approval of the Scottish Ministers determine.5The chief executive is to be appointed from amongst persons who appear—aas regards the first appointment, to the Scottish Ministers, andbthereafter, to the Commission,to have knowledge, skills or experience relevant to the functions of the Commission.6The Commission may, with the approval of the Scottish Ministers—avary any terms and conditions of a person's appointment to the post of chief executive, orbterminate a person's appointment to the post of chief executive if the Commission is satisfied that the person is not adequately discharging the functions of that post.81All staff employed, immediately before the coming into force of this sub-paragraph, by the Water Industry Commissioner for Scotland are transferred to the employment of the Commission.2The contract of employment of a person transferred by virtue of sub-paragraph (1)—ais not terminated by the transfer, andbhas effect from the date of transfer as if originally made between the person and the Commission.3Without prejudice to sub-paragraph (2), where a person becomes a member of staff of the Commission under sub-paragraph (1)—aall the rights, powers, duties and liabilities of the Water Industry Commissioner for Scotland under or in connection with that person's contract of employment are by virtue of this sub-paragraph transferred to the Commission on the date of transfer, andbanything done before that date by or in relation to the Water Industry Commissioner for Scotland in respect of that contract of employment or that person is to be treated from that date as having been done by, or in relation to, the Commission.4Sub-paragraphs (1) to (3) do not prejudice the right of any person to terminate that person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of that person's employer changes by virtue of those sub-paragraphs.5The Commission may, with the consent of the Scottish Ministers as to numbers, terms and conditions, appoint such other employees as it considers appropriate.6The Commission must, as regards such of its employees as it may with the approval of the Scottish Ministers determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities.7Such arrangements—amay include the establishment and administration, by the Commission or otherwise, of one or more pension schemes, andbmust, in any case, be approved by the Scottish Ministers.8The reference in sub-paragraph (6) to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments.91All property (including rights) and liabilities, subsisting immediately before the coming into force of this paragraph, of the Water Industry Commissioner for Scotland are transferred to the Commission.2Sub-paragraph (1) has effect in relation to any property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or prohibit the transfer of the property or liabilities.101The Commission may establish committees for or in connection with the exercise of such of its functions as it may determine.2Any committee established under this paragraph must be chaired by a person who is an ordinary member of the Commission.3Employees of the Commission who are not members of the Commission may be appointed to be members of any committee established by it.111Anything authorised or required under any enactment to be done by the Commission may be done by any of its committees which, or by any of its members or employees who, are authorised (whether generally or specifically) by it for the purpose.2Nothing in sub-paragraph (1) prevents the Commission from doing anything that a committee, member or employee has been authorised or required to do.121The Commission may regulate its own procedure (including any quorum) and that of any of its committees.2The validity of any proceedings or actings of the Commission is not affected by—aany vacancy among its members, orbany defect in the appointment of a member.131The Commission may do anything which appears necessary or expedient for the purpose of, or in connection with, the exercise of its functions including, in particular—aentering into contracts; andbacquiring and disposing of property.2But the Commission may not acquire or dispose of land without the consent of the Scottish Ministers.14The Commission must—aprepare for each financial year, in accordance with directions given by the Scottish Ministers, an account of the Commission's income and expenditure, andbsend the account, by such time as the Scottish Ministers may direct, to the Auditor General for Scotland for auditing.SCHEDULE 1(introduced by sections 1 and 2)Part 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 2(introduced by section 18)11The Regulator is entitled to demand entry into any premises as of right by virtue of section 9(1), 12(2)(a) or 13(3)(a) (in this schedule referred to as “the relevant provisions”) only at a reasonable time, except in an emergency.2Unless the premises are premises of a public water supplier, the Regulator must give 24 hours’ notice of the intended entry to the occupier of the premises.21If a sheriff or a justice of the peace is satisfied, by evidence on oath, that—athere are reasonable grounds for the exercise in relation to any premises of a power conferred by the relevant provisions, andbone or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,the sheriff or justice may by warrant authorise the Regulator and any person authorised by the Regulator for the purpose to exercise the power in relation to those premises in accordance with the warrant and, if need be, by force.2The conditions mentioned in sub-paragraph (1) are—athat the exercise of the power in relation to the premises has been refused,bthat such a refusal is reasonably apprehended,cthat the premises are unoccupied,dthat the occupier is temporarily absent from the premises,ethat the case is one of urgency,fthat an application for admission to the premises would defeat the object of the proposed entry.3A sheriff or justice must not issue a warrant under this schedule by virtue only of being satisfied that a condition specified in sub-paragraph (2)(a) or (b) is fulfilled unless the sheriff or justice is also satisfied—athat notice of the intention to apply for the warrant has been given to the occupier of the premises, orbthat the giving of such notice would defeat the object of the proposed entry.4A warrant under this schedule continues in force until the purposes for which the warrant was issued have been fulfilled.3A person entitled to exercise any power conferred by the relevant provisions must, if required to do so, produce written evidence of that entitlement.4A person entitled to enter any premises by virtue of any power conferred by the relevant provisions is entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take on to the premises such other persons and such equipment as may be necessary.5A person who enters any premises in the exercise of any power conferred by the relevant provisions must leave the premises as effectually secured against trespassers as that person found them.61Where any person exercises any power conferred by the relevant provisions, the Scottish Ministers must make full compensation to any person who has sustained loss or damage by reason of—athe exercise by the person of that power or of any power to take any person or equipment on to the premises in relation to which the power is exercised, orbthe performance of, or failure of the person to perform, the duty imposed by paragraph 5.2Compensation is not payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—ais attributable to the default of the person who sustained it, orbis loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.3Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, is to be referred to the arbitration of a single arbiter appointed by agreement between the Scottish Ministers and the person who claims to have sustained the loss or damage or, in default of agreement, by the President of the Lands Tribunal for Scotland.71Any person who enters any premises in the exercise of any power conferred by the relevant provisions and who makes use of or discloses any information obtained by that person on those premises with regard to any manufacturing process or trade secret is guilty of an offence.2A person guilty of an offence under sub-paragraph (1) is liable—aon summary conviction, to a fine not exceeding the statutory maximum,bon conviction on indictment, to a fine.8For the purposes of paragraphs 5 and 6 a person enters any premises in the exercise of a power conferred by the relevant provisions despite a failure (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with—aany requirement to enter those premises at a reasonable time or after giving notice of intended entry, orbthe requirement imposed by paragraph 3.SCHEDULE 3(introduced by section 20)1Scottish Water—ais not to be regarded as a servant or agent of the Crown,bdoes not have any status, immunity or privilege of the Crown,and its property is not to be regarded as property of, or held on behalf of, the Crown.21Scottish Water is to consist of a board comprising—anot fewer than 5, nor more than 8, non-executive members, andbnot fewer than 2, nor more than 5, executive members.2Where the number of executive members is 2, the number of non-executive members must not be fewer than 5, in accordance with paragraph 2(1).2AWhere the number of executive members is 3 or more, the number of non-executive members must exceed the number of executive members by at least 2.3The non-executive members are to be appointed by the Scottish Ministers from amongst persons who appear to them to have knowledge or experience relevant to the functions of Scottish Water.4One of the non-executive members to be appointed under sub-paragraph (3) must be a person appearing to the Scottish Ministers to have special knowledge of the interests of the employees of Scottish Water.5Before inviting applications for appointment as that member, the Scottish Ministers must consult such persons representing those employees as they think fit as to—athe particular knowledge of such interests, andbany other attributes,that persons seeking such appointment should possess.6The chief executive of Scottish Water is to be one of its executive members and the other executive members are to be appointed by Scottish Water, with the approval of the Scottish Ministers, from amongst its other employees.31Each member other than the chief executive—ais to be appointed for such period as is specified in the appointment,bmay, by written notice to—iin the case of a non-executive member, the Scottish Ministers,iiin the case of an executive member, Scottish Water,resign as a member,cin other respects, holds and vacates office on such terms and conditions as—iin the case of a non-executive member, the Scottish Ministers,iiin the case of an executive member, Scottish Water with the approval of the Scottish Ministers,may determine,dafter ceasing to hold office is eligible for reappointment as a member.2The Scottish Ministers may remove a non-executive member, and Scottish Water may, with the approval of the Scottish Ministers, remove an executive member, from office if satisfied that—athe member’s estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract, orbthe member—iis incapacitated by physical or mental illness,iihas been absent from meetings of Scottish Water for a period longer than 3 consecutive months without the permission of Scottish Water, oriiiis otherwise unable or unfit to discharge the member’s functions as a member or is unsuitable to continue as a member.3Without prejudice to its powers under sub-paragraph (2), Scottish Water may, with the approval of the Scottish Ministers, remove an executive member from office if it considers it necessary or expedient to do so in connection with the management of the affairs of Scottish Water.4An executive member ceases to hold office as such on ceasing to be an employee of Scottish Water.5A person who ceases to be an executive member does not, by reason only of that, cease to be an employee of Scottish Water.41The Scottish Ministers—amust appoint one of the non-executive members to chair the board, andbmay, after consulting that member, appoint another non-executive member to act as deputy to that member.2The member appointed to chair the board and any member appointed to act as deputy to that member hold and vacate office as such in accordance with the terms of their appointments.3A member so appointed may, by written notice to the Scottish Ministers, resign from office as such.4A member so appointed vacates office on ceasing to be a non-executive member of Scottish Water.5Where a non-executive member—ais appointed to chair the board or to act as deputy to the member so appointed, orbceases to hold office as such,the Scottish Ministers may vary the terms of the member’s appointment so as to alter the date on which office as a non-executive member is to be vacated.51Scottish Water must pay to those of its members holding an office specified in sub-paragraph (5) such remuneration as the Scottish Ministers may determine.2Scottish Water must pay to those members and the other members such allowances as the Scottish Ministers may determine in respect of expenses properly incurred in the performance of their duties.3Where a person ceases to be a non-executive member otherwise than on the expiry of that person’s term of office, the Scottish Ministers may, if they think there are special circumstances, direct Scottish Water to pay to the person such amount of compensation as they may determine.4The Scottish Ministers may direct Scottish Water to pay—asuch pension, allowance or gratuity to, or in respect of, any person who holds or has held any office specified in sub-paragraph (5),bsuch contribution or other payment towards provision for such pension, allowance or gratuity,as they consider appropriate.5The offices referred to in sub-paragraphs (1) and (4)(a) are—anon-executive member,bmember appointed to chair the board, andcmember appointed to act as deputy to that member.61The Scottish Ministers must, after consultation with the member appointed, or to be appointed, to chair the board (if there is a person holding, or as the case may be designated to hold, that office), make the first appointment of chief executive of Scottish Water on such terms and conditions as the Scottish Ministers may determine.2Scottish Water may, with the approval of the Scottish Ministers, make subsequent appointments to the post of chief executive on such terms and conditions as it may with the approval of the Scottish Ministers determine.3Scottish Water may appoint on such terms and conditions as it may with the approval of the Scottish Ministers determine such other employees as it considers appropriate.4Scottish Water must, as regards such of its employees as it may with the approval of the Scottish Ministers determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities.5Such arrangements—amay include the establishment and administration, by Scottish Water or otherwise, of one or more pension schemes, andbmust, in any case, be approved by the Scottish Ministers.6The reference in sub-paragraph (4) to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments.71Scottish Water may establish committees for or in connection with the exercise of such of its functions as it may determine.2Employees of Scottish Water who are not members of Scottish Water may be appointed to be members of any committee established by it.8The quorum of Scottish Water and any committee established under paragraph 7(1), and the arrangements for its meetings and meetings of any such committee, are to be such as Scottish Water may determine.91Anything authorised or required under any enactment to be done by Scottish Water may be done by any of its committees which, or by any of its members or employees who, are authorised (whether generally or specifically) for the purpose by it.2Nothing in sub-paragraph (1) prevents Scottish Water from doing anything that a committee, member or employee has been authorised or required to do.10The validity of any proceedings or actings of Scottish Water is not affected by—aany vacancy among its members, orbany defect in the appointment of a member.111Until the first appointment of the non-executive member mentioned in sub-paragraph (4) of paragraph 2—asub-paragraph (1)(a) of that paragraph has effect as if for “5” there were substituted “ 4 ”,bsub-paragraph (2) of that paragraph has effect as if for “2” there were substituted “ 1 ”, andcthe constitution of Scottish Water, and the validity of any of its proceedings or actings, may not be questioned by reason only that sub-paragraph (4) of that paragraph has not been complied with.2Sub-paragraph (1)(c) of this paragraph is without prejudice to paragraph 10.121The Scottish Ministers may appoint, on such terms and conditions as they may determine, persons to act as executive members until the appointment of the first executive members by Scottish Water under paragraph 2(6).2A person appointed by the Scottish Ministers under sub-paragraph (1)—amust be a person who is expected to become an employee of Scottish Water (whether by virtue of section 23 or paragraph 6(3) of this schedule),bis to be treated (except for the purposes of paragraph 3 of this schedule) as an executive member whilst acting as such,cmay resign office by written notice to the Scottish Ministers,dmay be removed from office by the Scottish Ministers,ein other respects, holds and vacates offices in accordance with the terms and conditions of the appointment.SCHEDULE 4(introduced by section 37)1This schedule applies to any sum which has become payable to a local authority by virtue of section 37 and has not been paid (including a sum forming part of a larger sum which has become payable and the other part of which has been paid).21Any sum to which this schedule applies may be recovered by the local authority by diligence—aauthorised by a summary warrant granted under sub-paragraph (2), orbin pursuance of a decree granted in an action for payment.2The sheriff, on an application by the authority which is accompanied by a certificate from them containing such particulars as may be prescribed by the Scottish Ministers by regulations, must grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by way of any of the diligences mentioned in sub-paragraph (3), of the amount of the sum remaining due and unpaid along with a surcharge of 10 per cent of that amount.3The diligences referred to in sub-paragraph (2) are—zaan attachment,zba money attachment;aan earnings arrestment,ban arrestment and action of furthcoming or sale.4It is incompetent for the sheriff to grant a summary warrant under sub-paragraph (2) in respect of any sum to which this schedule applies if an action has already been raised for the recovery of that sum; and, without prejudice to sub-paragraph (5), on the raising of an action for the recovery of any such sum, any existing summary warrant, in so far as it relates to the recovery of that sum, ceases to have effect.5It is incompetent to raise an action for the recovery of any sum to which this schedule applies if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) for the recovery of that sum has been executed.6The Scottish Ministers may by order substitute another percentage for the percentage which is for the time being mentioned in sub-paragraph (2).3No misnomer or inaccurate description of any person or place, or mistake of informality, in any notice or other document or communication relating to a demand for, or the recovery of, charges payable to the local authority by virtue of section 37 or in any proceedings for the payment of such charges prejudices such recovery.41 Without prejudice to section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment), the sheriff officer’s fees, together with the outlays necessarily incurred by the sheriff officer, in connection with the execution of a summary warrant under paragraph 2 are chargeable against the debtor.2But no fees are chargeable by the sheriff officer against the debtor for collecting, and accounting to the local authority for, the sums paid to the sheriff officer by the debtor in satisfaction of an amount owing to the authority by way of charges payable to them by virtue of section 37.SCHEDULE 5(introduced by section 71)1The Sewerage (Scotland) Act 1968 (c.47) is amended as follows.2In each of the following provisions, for “a sewerage authority” wherever the expression occurs substitute “ Scottish Water ”section 1(2)(a) and (3),section 3(1), (2) and (3),section 3A(1),section 4,section 7(1) and (3),section 10(1),section 11(1), (2) and (3),section 12(3), (4) and (8),section 14(1) and (6),section 15(1) and (4),section 16(1) and (3),section 16A(1),section 17(2) and (4),section 20(1), (4) and (5),section 22(1), (2A) and (3),section 23,section 24,section 25,section 26,section 27(1),section 28(1),section 29(1),section 30(1),section 32(1),section 36(1),section 37(1) and (3),section 37A(1) and (3),section 38(1),section 39,section 44,section 45(1),section 48(1),section 53.3In each of the following provisions, for “the sewerage authority” wherever the expression occurs substitute “ Scottish Water ”section 1(2)(b) and (4),section 3(2),section 3A(2),section 11(4),section 12(8),section 15(1),section 16(2),section 16A(2),section 17(3),section 20(4),section 21(1),section 23,section 31,section 32(2),section 33(2),section 34,section 35,section 36(2),section 37(4) and (6),section 42(2),section 48(3),section 51(2) and (4).4In each of the following provisions, for “the authority” wherever the expression occurs substitute “ Scottish Water ”section 1(4),section 3A(2),section 4,section 8(1),section 10(2),section 11(1),section 12(3),section 14(1) and (5),section 16(1)(b) and (2),section 20(1) and (3),section 21(1),section 24(1) and (2),section 26,section 27(1), (3), (4) and (5),section 28(2),section 29(3) and (6),section 31,section 32(3), (5) and (7),section 35,section 36(2),section 37(4), (5), (6) and (7),section 37A(2),section 38(2),section 45(1),section 48(1),section 51(3).5In section 1 (duty of sewerage authority to provide for sewerage of their area)—ain subsection (1)—ifor “each of the sewerage authorities” substitute “ Scottish Water ”,iifor “their”, in both places where it occurs, substitute “ its ”,bin subsection (2)(a), for “their”, in the first place where it occurs, substitute “ its ”,cin subsection (4), before “private provider”, in the second and third places where the expression occurs, insert “ the ”.6In section 2 (maintenance of public sewers and other works)—afor “each of the sewerage authorities” substitute “ Scottish Water ”,bfor “them” substitute “ it ”,cfor the words from “Part” to the end substitute “ the Water Industry (Scotland) Act 2002 (asp 3) ”.7In section 3 (construction etc. of public sewers and public sewage treatment works)—ain subsection (1)—ithe words “within or outwith their area” are repealed,iiin paragraph (b), for “them” substitute “ it ”,bin subsection (2), for “their” substitute “ its ”,csubsection (4) is repealed.8In section 3A (authorisation of construction of certain private sewers)—ain subsection (1)—ifor “their” in each place where it occurs substitute “ its ”,iifor “them” substitute “ it ”,bin subsection (2)—ifor “their” substitute “ its ”,iifor “they” in the first place where it occurs substitute “ it ”,iiifor “them” in both places where it occurs substitute “ it ”,ivfor “they think” substitute “ it thinks ”.9In section 4 (power of sewerage authority to close or alter public sewers etc.)—afor “they think” substitute “ it thinks ”,bfor “them” substitute “ it ”,cfor the words from “Part” to “1994” substitute “ the Water Industry (Scotland) Act 2002 (asp 3) ”,dfor “they” in the second place where it occurs substitute “ it ”,efor “their” substitute “ its ”.10Section 6(functions outwith area of a sewerage authority) is repealed.11In section 7 (agreements between roads and sewerage authorities)—asubsection (2) is repealed,bin subsection (3)—ithe words from “and” where it first occurs to “thereto” are repealed,iifor “any authority” substitute “ a roads authority or Scottish Water ”,iiifor “authorities concerned” substitute “ authority concerned and Scottish Water ”.12In section 8 (agreements as to provision of sewers etc. for new premises)—ain subsection (1)—ifor “a sewerage authority are” substitute “ Scottish Water is ”,iifor “their” substitute “ its ”,iiifor “they” substitute “ it ”,ivfor “them” substitute “ it ”,bin subsection (2)—ifor “an authority” substitute “ Scottish Water ”,iifor “the authority have” substitute “ it has ”.13In section 9 (loan of temporary sanitary conveniences), for—a“the sewerage authority concerned”, andbin the proviso, “the sewerage authority”,substitute “ Scottish Water ”.14In section 10 (emptying of septic tanks)—ain subsection (1), for “their” in each place where it occurs substitute “ its ”,bin subsection (2), for “they think” substitute “ it thinks ”,cin subsection (4), for the words from “Part” to “1994” substitute “ the Water Industry (Scotland) Act 2002 (asp 3) ”.15In section 11 (duty of sewerage authority to keep map showing public sewers etc.)—afor “their” wherever it occurs substitute “ its ”,bin subsection (1)—ifor “them” substitute “ it ”,iifor the words from “Part” to “1994” substitute “ the Water Industry (Scotland) Act 2002 (asp 3) ”,iiifor “they have” substitute “ it has ”,cin subsection (3)—ifor “they consider” substitute “ it considers ”,iifor “the authority” substitute “ it ”,iiifor “they do” substitute “ it does ”.16In section 12 (rights of owners and occupiers to connect with and drain into public sewers etc.)—ain subsection (1)—ithe words “within the area of a sewerage authority” are repealed,iifor “that authority” substitute “ Scottish Water ”,bin subsection (2), for “an authority” substitute “ Scottish Water ”,cin subsection (3)—ifor “them” in the second place where it occurs substitute “ it ”,iifor “they think” substitute “ it thinks ”,din subsection (4), for “their” in both places where it occurs substitute “ its ”,ein subsection (6)—ifor “the sewerage authority who granted it” substitute “ Scottish Water ”,iifor “them” in both places where it occurs substitute “ it ”,fin subsection (7)—ifor “the sewerage authority who granted the permission” substitute “ Scottish Water ”,iifor “them” substitute “ it ”,gin subsection (8), for “them” substitute “ it ”.17Section 13(rights of owners and occupiers to connect with and drain into sewers etc. of another sewerage authority) is repealed.18In section 14 (direction by sewerage authority as to manner of construction of works)—ain subsection (1)—ithe words “or that subsection as applied by section 13 above” are repealed,iifor “they consider” substitute “ it considers ”,iiifor “they have” substitute “ it has ”,ivfor “them” substitute “ it ”,bin subsection (2), for the words from “the sewerage” to the end substitute “ Scottish Water ”,cin subsection (4)—ifor the words “the sewerage authority who issued it” substitute “ Scottish Water ”,iifor “them” in both places where it occurs substitute “ it ”,din subsection (5)—ifor the words “An authority who issue a direction under subsection (1) above” substitute “ Where Scottish Water has issued a direction under subsection (1) above, it ”,iifor “they” substitute “ it ”,iiifor “their” substitute “ its ”.19In section 15 (owner or occupier to remedy defects in drains and other works)—ain subsection (1)—iafter “their” insert “ or, as the case may be, its ”,iifor “the authority in question” substitute “ the local authority or, as the case may be, Scottish Water ”,bin subsection (3)—ibefore “authority” in both places where it occurs insert “ local ”,iiafter “notice” in the second place where it occurs insert “ or, where the notice was served by Scottish Water, that body ”,iiiafter “them” in both places where it occurs insert “ or, as the case may be, it ”,ivafter “question” insert “ or, as the case may be, Scottish Water ”,vafter “think” insert “ or it thinks ”,cin subsection (4)(c)—ibefore “authority” insert “ local ”,iiafter “notice” insert “ or, where the notice was served by Scottish Water, that body ”,20In section 16 (vesting of sewers and other works in sewerage authority)—ain subsection (1)—ifor “them” in each place where it occurs substitute “ it ”,iifor “their” in each place where it occurs substitute “ its ”,iiiin paragraph (cc), for “they enter” substitute “ it enters ”,bin subsection (2), for “1st April 1996” substitute “ the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force ”,cin subsection (3), for “the authority who” substitute “ Scottish Water which ”.21In section 16A (vesting of certain private sewers)—ain subsection (1), for “their” substitute “ its ”,bin subsection (2)—ifor “they think” substitute “ it thinks ”,iifor “them” substitute “ it ”.22In section 17 (sewerage authority may take over private sewage treatment works)—ain subsection (1)—ifor the words from “a sewerage” to “situated” substitute “ Scottish Water ”,iifor “the works” where that expression first occurs substitute “ any private sewage treatment works ”,iiifor “them” substitute “ it ”,bin subsection (2)—ifor “their” substitute “ its ”,iifor “they think” substitute “ it thinks ”,iiifor “them” substitute “ it ”,ivthe words from “and shall” to “situated” are repealed,cin subsection (4), for “them” substitute “ it ”.23In section 20 (compensation for loss etc. resulting from exercise of powers under this Act)—ain subsection (1), for “their” substitute “ its ”,bin subsection (3), for “an authority” substitute “ Scottish Water ”,cin subsection (4), for “their” substitute “ its ”.24In section 21(1) (buildings not to interfere with sewers), for “they have” substitute “ it has ”.25In section 23 (restriction on working minerals), for “section 98(1)(b) of the Local Government etc. (Scotland) Act 1994” substitute “ section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ”.26In section 27 (procedure on application for consent to new discharge)—ain subsection (4)—iparagraph (a) and the following “and” are repealed,iithe words “the second authority or” are repealed,bsubsection (6) is repealed.27In section 28 (time to dispose of application), for “them” in each place where it occurs substitute “ it ”.28In section 29 (decision on application)—ain subsection (1)—ifor “their” in each place where it occurs substitute “ its ”,iifor “they” in each place where it occurs substitute “ it ”,bin subsection (2)—ifor “the authority have” substitute “ Scottish Water has ”,iifor “their” in each place where it occurs substitute “ its ”,iiifor “they” substitute “ it ”,cin subsection (3)—ifor “their” substitute “ its ”,iiin paragraph (h), for “are” substitute “ is ”,iiiin paragraph (j), for “them” substitute “ it ”, and for “their” substitute “ its ”,din subsection (5), for “an authority” substitute “ Scottish Water ”.29In section 30(1) (intimation of decision)—afor “their” substitute “ its ”,bthe words “authority or” are repealed.30In section 32 (review of consents, conditions and refusals)—ain subsection (1), for “them” substitute “ it ”,bin subsection (2)—ifor “they propose” substitute “ it proposes ”,iifor “their” substitute “ its ”,iiifor “the authority” substitute “ it ”,cin subsection (4), the words “authority or” are repealed.31In section 36 (review of continuation of existing discharge)—ain subsection (1), for “they” substitute “ it ”,bin subsection (4)—ifor “the authority have” substitute “ Scottish Water has ”,iifor “them” substitute “ it ”.iiifor “the authority” in the second place where that expression occurs substitute “ Scottish Water ”.32In section 37 (agreements as respects trade premises)—ain subsection (1)—ifor “their” substitute “ its ”,iifor “the authority” substitute “ it ”,bin subsection (3), for “the authority” substitute “ it ”,cin subsection (5)(c), for “their” substitute “ its ”.33In section 37A (register for purposes of Part II)—ain subsection (2), for “their” in each place where it occurs substitute “ its ”,bin subsection (3), for “them” in each place where it occurs substitute “ it ”.34In section 38 (power to extend Part II to other effluents), in subsection (3), for “and such sewerage authorities” substitute “ , Scottish Water and such ”.35In section 39 (sewerage authority to have right to sewage)—afor “their” substitute “ its ”,bfor “them” substitute “ it ”.36In section 41 (breaking open of roads etc.)—afor “a sewerage authority or” substitute “ Scottish Water or any ”,bin the proviso, for “they” substitute “ Scottish Water or, as the case may be, that person ”.37In section 42(1) (execution of works by sewerage authorities for other persons)—afor “the sewerage authority concerned” substitute “ Scottish Water ”,bfor “their” substitute “ its ”.38In section 44 (power of sewerage authorities to require information as to ownership etc. of premises)—afor “them” in each place where it occurs substitute “ it ”,bfor “their” substitute “ its ”.39In section 48(1) (powers of entry)—ain paragraph (d), for “them” substitute “ it ”,bin paragraph (dd), for “section 98(1)(b) of the Local Government etc. (Scotland) Act 1994” substitute “ section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ”,cin paragraph (e), for “their” substitute “ its ”,din paragraph (f)(ii), for “section 98(1)(b)” substitute “ section 46(1)(b)(ii) ”.40In section 55(2) (application of Act to Crown), for the words from “the sewerage” to “situated” substitute “ Scottish Water ”.41In section 59(interpretation)—afor the definition of “area” substitute—“area”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);,bin the definitions of—i“private sewage treatment works”,ii“public drain”,iii“public sewage treatment works”, andiv“public sewer”,for “a sewerage authority” substitute “ Scottish Water ”,cthe definition of “sewerage authority” is repealed.SCHEDULE 6(introduced by section 71)1The Water (Scotland) Act 1980 (c.45) is amended as follows.2In section 1 (general duties of Scottish Ministers and of water authorities), for “the water authorities” substitute “ Scottish Water ”.31Section 6 (duty of authority to provide supply) is amended as follows.2In subsection (1)—afor “every water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”.3In subsection (2)—afor “every water authority” substitute “ Scottish Water ”,bfor “their” in both places where it occurs substitute “ its ”,cfor “a water authority” substitute “ Scottish Water ”.4In subsection (3)—afor “the water authority concerned” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.5In subsection (4)—afor “Every water authority” substitute “ Scottish Water ”,bfor “them” in each place where it occurs substitute “ it ”,cfor “they think” substitute “ it thinks ”,dfor “they consider” substitute “ it considers ”,efor “their” substitute “ its ”.4In section 8 (water supplied for domestic purposes to be wholesome)—afor “Every water authority” substitute “ Scottish Water ”,bfor “their” in both places where it occurs substitute “ its ”.51Section 9 (supply of water for non-domestic purposes) is amended as follows.2In subsection (1)—afor “a water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”,cfor “them” substitute “ it ”.3In subsection (2)—afor “A water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”.4In subsection (3)—afor “The water authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”,cfor “the authority” in both places where the expression occurs substitute “ Scottish Water ”.5In subsection (4), for “the authority are” substitute “ Scottish Water is ”.6In subsection (5)—afor “a water authority are” substitute “ Scottish Water is ”,bfor “the authority” substitute “ Scottish Water ”,cfor “them” substitute “ it ”.6In section 9A (no charge for supply of water for extinguishing fires etc.), for “a water authority” substitute “ Scottish Water ”.7In section 10 (compensation for damage resulting from exercise of powers)—ain subsection (1)—ifor “water authority” substitute “ Scottish Water ”,iiafter “them” insert “ or it ”,iiiafter “their” insert “ or its ”,bin subsection (1A)—ifor “a water authority’s” substitute “ Scottish Water’s ”,iifor “them” substitute “ it ”.81Section 11 (power of Scottish Ministers on default of authority) is amended as follows.2In subsection (1)—afor “a water authority have” substitute “ Scottish Water has ”,bfor “they are” substitute “ it is ”,cfor “their limits of supply, or have” substitute “ its limits of supply, or has ”,dfor “they have” substitute “ it has ”,efor “their” in the second place where it occurs substitute “ its ”,ffor “any authority have” substitute “ Scottish Water has ”.3In subsection (2)—afor “the authority in question” substitute “ Scottish Water ”,bfor “them” in both places where it occurs substitute “ it ”,cfor “their” in both places where it occurs substitute “ its ”.4In subsection (3)—afor the words from “the authority” to “fail” substitute “ Scottish Water fails ”,bfor “that order” substitute “ an order made under subsection (2) ”,cparagraph (a) and the following “and” are repealed.5Subsections (4) to (7) are repealed.9Section 12(supply of water to premises outwith limits of supply) is repealed.101Section 13 (supply of water in bulk) is amended as follows.2In subsection (1)—afor “A water authority” substitute “ Scottish Water ”,bthe words “whether a water authority or not” are repealed,cfor “the authority” substitute “ Scottish Water ”,dthe words from “and, where” to the end are repealed.3Subsection (2) is repealed.4In subsection (3)—athe words “or order” are repealed,bfor “a water authority” substitute “ Scottish Water ”,cthe words “either within or outside their limits of supply” are repealed,dfor “them” substitute “ it ”.5Subsections (4) and (5) are repealed.6In subsection (6), for “a water authority” substitute “ Scottish Water ”.11In section 13A (supply of water for use outwith Scotland)—ain subsection (1)—ifor “A water authority” substitute “ Scottish Water ”,iifor “they are” substitute “ it is ”,iiifor “them” in both places where it occurs substitute “ it ”,ivfor “their” substitute “ its ”,vfor “they think” substitute “ it thinks ”,bin subsection (2)—ifor “a water authority” substitute “ Scottish Water ”,iithe words “either within or outwith their limits of supply” are repealed,iiifor “them” substitute “ it ”.12In section 14 (power of water authority to give guarantee for supply of water)—afor “A water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.131Section 16 (powers of survey and search for water on land) is amended as follows.2For subsection (1) substitute—1The Scottish Ministers may, on application made to them by Scottish Water, authorise it to survey, in accordance with this section—aany land which it proposes to acquire for the purposes of its water undertaking or proposed water undertaking; orbany land in, on or over which it is proposed to lay a water main.3In subsection (2), for “the authority” substitute “ Scottish Water ”.4In subsection (3)—afor “an authority are” substitute “ Scottish Water is ”,bfor “the authority” substitute “ Scottish Water ”.5In subsection (8)—afor “the authority on whose behalf the works were carried out” substitute “ Scottish Water ”,bfor “they” substitute “ it ”.141Section 17 (acquisition of water rights) is amended as follows.2In subsection (1), for “A water authority” substitute “ Scottish Water ”.3In subsection (2)—afor “a water authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”,cfor “the authority” substitute “ Scottish Water ”.4In subsection (3)—afor “a water authority” substitute “ Scottish Water ”,bfor “the authority” in both places where the expression occurs substitute “ Scottish Water ”,cin subsection (4), for “a water authority” substitute “ Scottish Water ”.15In section 18(1) (compulsory acquisition of land for water works)—afor “an authority to which that section applies” substitute “ Scottish Water ”,bfor “an authority” in the second place where the expression occurs substitute “ Scottish Water ”,cfor “section 99 of the Local Government etc. (Scotland) Act 1994” substitute “ section 47 of the Water Industry (Scotland) Act 2002 (asp 3) ”.16In section 21 (power to carry out works)—afor “they” substitute “ it ”,bfor “a water authority” in the first place where the expression occurs substitute “ Scottish Water ”,cin paragraph (b), the words “other than a water authority” are repealed,din paragraph (c), for “the authority” substitute “ Scottish Water ”,ein paragraph (e)—ifor “them” substitute “ it ”,iifor “their” substitute “ its ”.17In section 22 (power to break open roads)—afor “a water authority” substitute “ Scottish Water ”,bfor “they are” substitute “ it is ”.181Section 23 (power to lay mains etc.) is amended as follows.2In subsection (1)—afor “a water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”.3After subsection (1) insert—1ZASection 192 of the Local Government (Scotland) Act 1973 (c.65) (service of notices) shall apply to notices served by Scottish Water under subsection (1) above relating to land as it applies to notices served by a local authority relating to premises.4In subsection (1A)—afor “the water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.5In subsection (2)—afor “an authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”,cfor “they” substitute “ it ”.6In subsection (3)—afor “A water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”.191Section 24A (keeping of map showing water mains etc.) is amended as follows.2In subsection (1)—afor “A water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”,cfor “them” substitute “ it ”,dfor “Part II of the Local Government etc. (Scotland) Act 1994” substitute “ the Water Industry (Scotland) Act 2002 (asp 3) ”,efor “the authority” in both places where the expression occurs substitute “ Scottish Water ”.3In subsection (2)—afor “A water authority” substitute “ Scottish Water ”,bfor “their” in each place where it occurs substitute “ its ”,cfor “they consider” substitute “ it considers ”,dfor “the authority” substitute “ Scottish Water ”,efor “they do” substitute “ it does ”.4In subsection (3), for “the water authority” substitute “ Scottish Water ”.20In section 25(1) (power of authority to provide public wells)—afor “a water authority” substitute “ Scottish Water ”,bfor “their” in the second place where it occurs substitute “ its ”.21In section 26 (power to close, or restrict use of, wells)—afor “or a water authority are” substitute “ are or Scottish Water is ”,bin paragraph (a)—ifor “their” in the second place where it occurs substitute “ its ”,iiafter “them” insert “ or, as the case may be, it ”,iiiafter “they” insert “ or, as the case may be, it ”.22In section 28 (water works code)—ain subsection (1), for “a water authority” substitute “ Scottish Water ”,bin subsection (2), for “the water authority” substitute “ Scottish Water ”.23In section 29 (applications of enactments by order)—ain subsection (1), the words “13 or” are repealed,bin subsection (2), for “any water authority” substitute “ Scottish Water ”,cin subsection (3), for “the authority concerned” substitute “ Scottish Water ”.24In section 31(1) (consultation with authorities in England)—afor “a water authority” substitute “ Scottish Water ”,bfor “that water authority” substitute “ Scottish Water ”,cfor “the water authority” substitute “ Scottish Water ”,dfor “they consider” substitute “ it considers ”.25In section 32(1) (power of water undertakers to supply water to water authorities), for “a water authority” in both places where the expression occurs substitute “ Scottish Water ”.261Section 33 (temporary discharge of water into watercourses) is amended as follows.2In subsection (1)—afor the words “a water authority who are carrying out or are” substitute “ where Scottish Water is carrying out or is ”,bfor “their” in the first place where it occurs substitute “ its ”,cafter “undertaking” insert “ , it ”,dthe words “whether within or outside their limits of supply” are repealed,efor “the authority” substitute “ Scottish Water ”.3In subsection (3)—afor “the water authority” in both places where the expression occurs substitute “ Scottish Water ”,bfor “their” substitute “ its ”,cfor “them” substitute “ it ”.4In subsection (4)—afor “the authority propose” substitute “ Scottish Water proposes ”,bfor “them” in each place where it occurs substitute “ it ”.5In subsection (6)(b), for “the authority” substitute “ Scottish Water ”.6In subsection (7)—afor “the authority are” substitute “ Scottish Water is ”,bfor “the authority” in the second and third places where the expression occurs substitute “ Scottish Water ”,cfor “them” substitute “ it ”,dfor “they are” substitute “ it is ”.7In subsection (8)—afor “the authority discharge” substitute “ Scottish Water discharges ”,bfor “they” substitute “ it ”.8In subsection (9)—afor “The authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”.9In subsection (11), for “the authority” substitute “ Scottish Water ”.27In section 34 (persons supplying water to supply to authority)—afor “a water authority” substitute “ Scottish Water ”,bfor “that authority” substitute “ Scottish Water ”,cfor “they” where it first occurs substitute “ it ”,dfor “the authority” substitute “ Scottish Water ”.28In section 35 (power to supply water fittings)—ain subsection (1)—ifor “A water authority” substitute “ Scottish Water ”,iifor “they supply or propose” substitute “ it supplies or proposes ”,iiifor “their” substitute “ its ”,ivfor “them” substitute “ it ”,vfor “The authority” substitute “ Scottish Water ”,bin subsection (2), for “the authority” in each place where the expression occurs substitute “ Scottish Water ”,cin subsection (5)—ifor “the authority” in both places where the expression occurs substitute “ Scottish Water ”,iifor “the water authority” substitute “ Scottish Water ”.29In section 36 (power to execute work on behalf of owner or occupier), for “A water authority” substitute “ Scottish Water ”.30In section 38(1) (entry of premises)—afor “a water authority” substitute “ Scottish Water ”,bfor “the authority” in each place where the expression occurs substitute “ Scottish Water ”,cfor paragraph (a) substitute—aawhere the conditions set out in subsection (2) of section 24B are satisfied in relation to the premises, for the purpose of carrying out any survey or tests to determine—iwhether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (4) of that section is practicable,iiwhether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out, oriiihow any works specified in that subsection should be carried out;abfor the purpose of inspecting, examining or testing—iany meter which is on the premises and which is used by Scottish Water for measuring the quantity of water supplied, oriiany pipes or apparatus installed in the course of any works which were carried out for any purpose which is connected with the installation, connection, testing, maintenance or repair of any such meter;acfor the purpose of ascertaining from any such meter the quantity of water supplied to the premises;.31In section 41A (supply of water by meter)—ain paragraph (a), for “the authority” substitute “ Scottish Water ”,bin paragraph (b), for “the water authority” substitute “ Scottish Water ”.321Section 50 (power to require supply by meter) is amended as follows.2The existing provision becomes subsection (1).3In that subsection—afor “A water authority” substitute “ Scottish Water ”,bthe word “or” following paragraph (c) is repealed.4At the end of that subsection insert; or eany other premises specified, or of a description specified, in an order made by the Scottish Ministers.2Before making an order under subsection (1)(e) the Scottish Ministers shall consult such persons as they think fit.3The power to make such an order shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.33In section 51 (power to require supplies for refrigerating apparatus etc. to be taken by meter)—afor “a water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.34In section 52 (power to require supply for hose pipe to be taken by meter)—afor “a water authority supply” substitute “ Scottish Water supplies ”,bfor “the authority” substitute “ Scottish Water ”.35In section 53(1) (provision as to supply to tents, vans, sheds, etc.)—afor “a water authority” substitute “ Scottish Water ”,bin paragraph (a)—ifor “the authority” substitute “ Scottish Water ”,iifor “them” in each place where it occurs substitute “ it ”,cin paragraph (b), for “the authority” substitute “ Scottish Water ”.36In section 54 (register of meter to be evidence)—ain subsection (1), for “a water authority supply” substitute “ Scottish Water supplies ”,bin subsection (3), for “the authority” in both places where the expression occurs substitute “ Scottish Water ”.371Section 55 (charges for water supplied by meter) is amended as follows.2In subsection (1)—afor “Every water authority” substitute “ Scottish Water ”,bfor “they are” substitute “ it is ”,cfor “the authority” substitute “ Scottish Water ”.3In subsection (2)—afor “a water authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”.4Subsections (3) and (4) are repealed.38In section 56 (provision as to supply of water to agricultural subjects)—ain subsection (1)—ifor “the water authority” substitute “ Scottish Water ”,iifor “they” substitute “ it ”,iiifor “their” substitute “ its ”,bin subsection (2)—ifor “a water authority supply” substitute “ Scottish Water supplies ”,iifor “supply” in the second place where it occurs substitute “ supplies ”,iiifor “the authority” substitute “ Scottish Water ”.391Section 58 (termination of right to supply of water on special terms) is amended as follows.2In subsection (1)—afor “a water authority are” substitute “ Scottish Water is ”,bfor “the authority” substitute “ Scottish Water ”.3In subsection (2), for “the water authority” substitute “ Scottish Water ”.4In subsection (4)—afor “any water authority” substitute “ Scottish Water ”,bthe words “or a water authority” are repealed.5In subsection (5), for “The water authority” substitute “ Scottish Water ”.6Subsection (6) is repealed.7In subsection (7), for “a water authority” substitute “ Scottish Water ”.40In section 59 (limitation of liability of water authority to supply water on special terms), for “a water authority” substitute “ Scottish Water ”.41In section 63 (provision of water supply for new buildings and houses)—ain subsection (1A), for the words from “the water” to the end substitute “ Scottish Water ”,bin subsection (2)—ifor “the water authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ Scottish Water ”,iiifor “their” substitute “ its ”.42In section 68(1) (agreements as to drainage)—afor “A water authority” substitute “ Scottish Water ”,bfor “the authority consider” substitute “ Scottish Water considers ”,cfor “they are” substitute “ it is ”,dfor “the authority” substitute “ Scottish Water ”.43In section 69 (power to restrict use of hose pipes)—ain subsection (1)—ifor “a water authority are” substitute “ Scottish Water is ”,iifor “them” in both places where it occurs substitute “ it ”,iiifor “they” in the first place where it occurs substitute “ it ”,ivfor “they think” substitute “ it thinks ”,vfor “their” substitute “ its ”,bin subsection (2)—ifor “The authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ it ”.441Section 70 (byelaws for preventing misuse of water) is amended as follows.2In subsection (1)—afor “A water authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”.3In subsection (2)—afor “the authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”.4In subsection (3), for “the authority” substitute “ Scottish Water ”.5In subsection (4)—afor “a water authority consider” substitute “ Scottish Water considers ”,bfor “them” substitute “ it ”,cfor “they” substitute “ it ”,dfor “the authority” substitute “ Scottish Water ”.451Section 71 (byelaws for preventing pollution of water) is amended as follows.2In subsection (1)—afor “a water authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”,cfor “they are” substitute “ it is ”,dfor “they” in the second place where it occurs substitute “ it ”,efor “they deem” substitute “ it deems ”.3In subsection (2)—afor “the water authority” substitute “ Scottish Water ”,bfor “they consider” substitute “ it considers ”,cfor “their” substitute “ its ”.4In subsection (3)—afor “The water authority” substitute “ Scottish Water ”,bfor “the local authority” in both places where that expression occurs substitute “ Scottish Water ”.5In subsection (4)—afor “the local authority” in both places where that expression occurs substitute “ Scottish Water ”,bfor “them” substitute “ it ”.6Subsection (5) is repealed.7In subsection (6), for “the authorities” substitute “ Scottish Water ”.46In section 72(2) (general provision as to byelaws)—afor the words from “a water” to “those” in the first place where it occurs substitute “ Scottish Water to enforce such ”,bfor “the authority” substitute “ Scottish Water ”.47In section 73 (power of Scottish Ministers to require the making of byelaws)—ain subsection (1)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the authority do” substitute “ Scottish Water does ”,bin subsection (2)—ifor “an authority” in both places where the expression occurs substitute “ Scottish Water ”,iifor “the authority” in the first place where the expression occurs substitute “ Scottish Water ”,iiifor “the authority do” substitute “ Scottish Water does ”,cin subsection (3), for “the authority concerned” substitute “ Scottish Water ”.481Section 76 (acquisition of land for protection of water) is amended as follows.2In subsection (1)—afor the words “Local Government etc. (Scotland) Act 1994” substitute “ Water Industry (Scotland) Act 2002 (asp 3) ”,bfor “a water authority” substitute “ Scottish Water ”,cfor “their” substitute “ its ”,dfor “the authority” substitute “ Scottish Water ”,efor “they are” substitute “ it is ”.3In subsection (2)—afor “A water authority” substitute “ Scottish Water ”,bfor “them” substitute “ it ”,cfor “they have” substitute “ it has ”,dfor “the authority” in each place where the expression occurs substitute “ Scottish Water ”,efor “they are” substitute “ it is ”.4In subsection (3)—afor “A water authority proposing” substitute “ Where Scottish Water proposes ”,bafter “(2)” insert “ it ”,cthe words “whether within or outside their limits of supply” are repealed,dfor “the authority” substitute “ Scottish Water ”,efor “any authority” substitute “ Scottish Water ”,ffor “that authority” substitute “ Scottish Water ”.491Section 76A (duties of water authorities with respect to water quality) is amended as follows.2In subsection (1)—afor “a water authority” substitute “ Scottish Water ”,bfor “that authority” substitute “ Scottish Water ”.3In subsection (2)—afor “a water authority” substitute “ Scottish Water ”,bfor “the authority’s” substitute “ Scottish Water’s ”.4In subsection (3)—afor “a water authority” substitute “ Scottish Water ”,bfor “the authority’s” in both places where the expression occurs substitute “ Scottish Water’s ”,cfor “the authority” substitute “ Scottish Water ”.5In subsection (4)—afor “a water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.501Section 76B (regulations for preserving water quality) is amended as follows.2In subsection (1)—afor “a water authority” in both places where the expression occurs substitute “ Scottish Water ”,bfor “that authority” in each place where the expression occurs substitute “ Scottish Water ”.3In subsection (2)—afor “water authorities” in each place where the expression occurs substitute “ Scottish Water ”,bfor “their” substitute “ its ”.4In subsection (3)—afor “a water authority” substitute “ Scottish Water ”,bfor “that authority” substitute “ Scottish Water ”.5In subsection (4)—afor “a water authority” in both places where the expression occurs substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.51In section 76C (offence of supplying water unfit for human consumption)—ain subsection (1)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ Scottish Water ”,bin subsection (2), for “the water authority” in both places where the expression occurs substitute “ Scottish Water ”.52In section 76D (provision of water where piped supplies insufficient or unwholesome)—ain subsection (1)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ Scottish Water ”,iiifor “the water authority” in each place where the expression occurs substitute “ Scottish Water ”,bin subsection (2)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the water authority” substitute “ Scottish Water ”.53In section 76E (enforcement of sections 76A to 76D)—ain subsection (1), for “water authorities” substitute “ Scottish Water ”,bin subsection (4)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the water authority have” substitute “ Scottish Water has ”,iiifor “are” in the third place where it occurs substitute “ is ”,ivfor “them” substitute “ it ”.54In section 76F (general functions of local authorities in relation to water quality)—ain subsection (2)—ifor “any water authority” substitute “ Scottish Water and the Drinking Water Quality Regulator for Scotland ”,iifor “that water authority” in both places where the expression occurs substitute “ Scottish Water ”,bin subsection (3)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the water authority” substitute “ Scottish Water, to notify the Drinking Water Quality Regulator for Scotland of that fact and ”.55In section 76G(6)(a) (remedial powers of local authorities in relation to private supplies), for “a water authority” substitute “ Scottish Water ”.56In section 76H(5)(b) (effect, confirmation and variation of notice under section 76G)—afor “a water authority” substitute “ Scottish Water ”,bfor “their” substitute “ its ”.57In section 76I(2) (incidental powers of local authorities), for “a water authority” in both places where the expression occurs substitute “ Scottish Water ”.58In section 76L (interpretation etc. of Part VIA), in the definition of “private supply”, for “a water authority” substitute “ Scottish Water ”.59In section 100(2) (orders), for the words from “all” to the end substitute “ Scottish Water ”.60In section 103 (notices to be in writing), for “water authority” in both places where the expression occurs substitute “ Scottish Water ”.61In section 107 (repeal, amendment and adaptation of local enactments)—ain subsection (1)(b)—ifor “a water authority” substitute “ Scottish Water ”,iiin sub-paragraph (i), for “the applicant” substitute “ Scottish Water ”,iiisub-paragraph (ii) is repealed,bin subsection (5), for “a water authority” substitute “ Scottish Water ”.62In section 109 (interpretation)—ain subsection (1)—ifor the definition of “area” substitute—“area”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);,iifor the definition of “limits of supply” substitute—“limits of supply”, in relation to Scottish Water, means the area of Scottish Water;,iiithe definition of “water authority” is repealed,ivin the definition of “supply of water in bulk” for “the water authority taking the supply” substitute “ Scottish Water ”,bin subsection (3), for “the water authority” substitute “ Scottish Water ”.63In section 110(2) (further provisions as to communication pipes etc.)—afor “the water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.641Schedule 1 (procedure for making orders and making and confirming byelaws) is amended as follows.2In paragraph 1—afor “Applicants” substitute “ Where Scottish Water proposes to apply ”,bafter “applies” insert “ it ”,cfor “they desire” substitute “ it desires ”.3In paragraph 2—afor “the applicants” substitute “ Scottish Water ”,bin sub-paragraph (i), the words “water authority and” are repealed,cin sub-paragraph (ii), for “the applicants” substitute “ Scottish Water ”.4In paragraph 3—afor “The applicants” substitute “ Scottish Water ”,bfor “they are” substitute “ it is ”,cthe words from“naming” to “order” in the second place where it occurs are repealed.5In paragraph 4—afor “The applicants” substitute “ Scottish Water ”,bfor “they think” substitute “ it thinks ”.6In paragraph 5, for “the applicants” in both places where the expression occurs substitute “ Scottish Water ”.7In paragraph 8—afor “the applicants” substitute “ Scottish Water ”,bthe words from “and the” to the end are repealed.8In paragraph 11, in sub-paragraph (i), for “the water authority and” substitute “ Scottish Water and on the ”.9In paragraph 12, the words from “naming” to “order” in the second place where it occurs are repealed.10In paragraph 14, for the words “the authority to whom the order relates” substitute “ Scottish Water ”.11In paragraph 15, after “from” in the second place where it occurs insert “ Scottish Water or ”.12In paragraph 17, for the words from “the authority” to the end substitute “ Scottish Water ”.13In paragraph 19—afor “A water authority who propose” substitute “ Where Scottish Water proposes ”,bafter “applies” insert “ it ”,cfor “their” substitute “ its ”,dthe words “water authority and” are repealed,efor “the water authority” in the second place where that expression occurs substitute “ Scottish Water ”.14In paragraph 20—afor “The water authority” substitute “ Scottish Water ”,bfor “they propose” substitute “ it proposes ”.15In paragraph 23, for the words from “the authority” to the end substitute “ Scottish Water ”.16In paragraph 24, the words from “shall be” to “and” are repealed.17In paragraph 26, for “the water authority” substitute “ Scottish Water ”.18In paragraph 27—afor “The water authority” substitute “ Scottish Water ”,bfor “they” substitute “ it ”.19In paragraph 30—afor “the water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.20In paragraph 31, for “the authority” in both places where the expression occurs substitute “ Scottish Water ”.65In Schedule 2 (orders under section 17 authorising compulsory acquisition of land)—ain paragraph 4—ifor “the water authority” substitute “ Scottish Water ”,iifor “they” substitute “ it ”,bin paragraph 6, for “the water authority” in both places where the expression occurs substitute “ Scottish Water ”.661Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes) is amended as follows.2In paragraph 1—afor “a water authority” substitute “ Scottish Water ”,bin the proviso, for “they” substitute “ it ”.3In paragraph 2(2)—afor “the authority propose” substitute “ Scottish Water proposes ”,bfor “they” substitute “ it ”,cfor “the authority” substitute “ Scottish Water ”.4In paragraph 4—ain sub-paragraph (1)—ifor “A water authority” substitute “ Scottish Water ”,iifor “they deem” substitute “ it deems ”,iiiin the proviso, for “the authority” substitute “ Scottish Water ”,bin sub-paragraph (2), for “the authority” substitute “ Scottish Water ”.5In paragraph 5—afor “any water authority” substitute “ Scottish Water ”,bfor “the authority” substitute “ Scottish Water ”.6In paragraph 6—ain sub-paragraph (1)—ifor “the authority” substitute “ Scottish Water ”,iifor “they” in the first place where it occurs substitute “ it ”,iiifor “they think” substitute “ it thinks ”,bin sub-paragraph (2)—ifor “the water authority” substitute “ Scottish Water ”,iifor “the authority” in the first place where the expression occurs substitute “ Scottish Water ”,iiifor “they are” substitute “ it is ”,ivfor “them” in each place where it occurs substitute “ it ”,vfor “the authority lay” substitute “ Scottish Water lays ”,cin sub-paragraph (3)—ifor “an authority to whom such a notice as aforesaid is given”, substitute “ where such a notice as aforesaid is given to Scottish Water, it ”,iifor “them” in both places where it occurs substitute “ it ”,iiifor “their” in both places where it occurs substitute “ its ”,ivfor “they make” substitute “ it makes ”,vfor “the authority” substitute “ Scottish Water ”,vifor “they” in the second and third places where it occurs substitute “ it ”.7In paragraph 7—ain sub-paragraph (1)—ifor “the authority” substitute “ Scottish Water ”,iifor “them” substitute “ it ”,bin sub-paragraph (2)—ifor “the authority give” substitute “ Scottish Water gives ”,iifor “three months” substitute “ such period of not less than three months as the notice shall specify ”,iiifor “the authority” in the second place where the expression occurs substitute “ Scottish Water ”,cin sub-paragraph (3)—ifor “the authority” substitute “ Scottish Water ”,iifor “themselves” substitute “ itself ”,din sub-paragraph (4)—ifor “the authority” substitute “ Scottish Water ”,iifor “they are” in both places where the expression occurs substitute “ it is ”,iiifor “them” in both places where it occurs substitute “ it ”,ein sub-paragraph (5)—ifor “the authority” in the first place where the expression occurs substitute “ Scottish Water ”,iifor “the authority have” substitute “ Scottish Water has ”.8In paragraph 9—ain sub-paragraph (1), for “the authority” in both places where the expression occurs substitute “ Scottish Water ”,bin sub-paragraph (2), for “the authority deem” substitute “ Scottish Water deems ”.67In Schedule 10 (amendment of enactments), Part I is repealed.SCHEDULE 7(introduced by section 71)1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In section 35(1) (interpretation) of the Rivers (Prevention of Pollution) (Scotland) Act 1951—athe definition of “sewerage authority” is repealed, andbin the definition of “stream”, in paragraph (b), for “a sewerage authority” substitute “ Scottish Water ”.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4In section 46(1) (general interpretation) of the Local Government (Scotland) Act 1966, in the definition of “water undertaking”, for “a local water authority” substitute “ Scottish Water ”.51The Countryside (Scotland) Act 1967 is amended as follows.2In section 61 (improvement of waterways for purposes of open-air recreation)—ain subsection (5), for “every water authority having” substitute “ Scottish Water so far as it has ”,bin subsection (6)—ifor “any water authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ Scottish Water ”,cin subsection (8), for “to every water authority which has refused its consent” substitute “ , where it has refused its consent, to Scottish Water ”.3In section 63 (provision of recreational facilities by water authorities)—ain subsection (1)—ifor “a water authority” substitute “ Scottish Water ”,iifor “them” substitute “ it ”,iiifor “the authority have” substitute “ Scottish Water has ”,bin subsection (2)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the authority have” substitute “ Scottish Water has ”,iiifor “they do” substitute “ it does ”,ivfor “the authority are” substitute “ Scottish Water is ”,cin subsection (4)—ifor “A water authority” substitute “ Scottish Water ”,iifor “they” substitute “ it ”,iiifor “the authority” substitute “ Scottish Water ”,din subsection (5)—ifor “A water authority” substitute “ Scottish Water ”,iifor “they think” substitute “ it thinks ”,iiifor “them” substitute “ it ”,ivfor “the authority” substitute “ it ”,ein subsection (6), for “a water authority” in both places where the expression occurs substitute “ Scottish Water ”,fin subsection (7)—ifor “A water authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ Scottish Water ”,gin subsection (8)—ifor “the water authority” substitute “ Scottish Water ”,iifor “the authority” substitute “ Scottish Water ”,hin subsection (9)—ifor “A water authority” substitute “ Scottish Water ”,iifor “they consider” substitute “ it considers ”,iiifor “them” substitute “ it ”,iin subsection (11)—ifor “a water authority” substitute “ Scottish Water ”,iifor “they have” substitute “ it has ”.4In section 78(1)(interpretation), the definition of “water authority” is repealed.61The Local Government (Scotland) Act 1973 is amended as follows.2In section 170A(5)(c) (production and supply of heat and electricity etc. by local authorities), for “a water authority” substitute “ Scottish Water ”.3In section 170B(2) (provision supplementary to section 170A)—afor “water authorities” substitute “ Scottish Water ”,bfor “a water authority” substitute “ Scottish Water ”.cin paragraph (a), for “paragraph (a)” substitute “ paragraphs (aa) to (ac) ”.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons), the entries for the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority are repealed.9In Schedule 1A (bodies and other persons subject to general statutory duty) to the Race Relations Act 1976, paragraph 23 is repealed.10Section 11(3)(cc)(reference of public bodies and certain other persons to the Commission) of the Competition Act 1980 is repealed.111The Wildlife and Countryside Act 1981 is amended as follows.2In section 27(1) (interpretation of Part I), the definition of “water authority” is repealed.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12In section 14 (local authority’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)—ain subsection (2), for the words “a water authority” substitute “ Scottish Water ”, andbsubsection (3) is repealed.13In section 54 (playing of instruments, singing, playing radios etc.) of the Civic Government (Scotland) Act 1982, in subsection (3)—ain paragraph (a), for “a water authority” substitute “ Scottish Water ”, andbthe words from “In this subsection” to the end are repealed.141The Roads (Scotland) Act 1984 is amended as follows.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4In section 135 (restriction of powers of sewerage authorities)—ain subsection (1), for “any sewerage authority” substitute “ Scottish Water ”,bin subsection (2), for “a sewerage authority” substitute “ Scottish Water ”.5In section 151(1)(interpretation), the definitions of “sewerage authority” and “water authority” are repealed.6In Schedule 1 (procedure for making or confirming certain orders and schemes)—ain Part I, in paragraph 3, in the Table, in entry (ii), in the second column—ithe words “or water authority” are repealed,iiat the end insert “ and Scottish Water ”,bin Part II, in paragraph 10(b)—iafter “on” insert “ (i) ”,iithe words “or water authority” are repealed,iiiat the end insert, and iiScottish Water.15In section 5(1) (interpretation) of the Water (Fluoridation) Act 1985—ain the definition of “statutory water undertaker”, for “a water authority” substitute “ Scottish Water ”, andbthe definition of “water authority” is repealed.16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171The Debtors (Scotland) Act 1987 is amended as follows.2In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (iia) insert—iiba local authority (within the meaning of section 70 of the Water Industry (Scotland) Act 2002 (asp 3)) in respect of any charges payable to them by virtue of section 37 of that Act;.3In section 106 (interpretation), in the definition of “summary warrant”, after paragraph (cc) insert—ccaparagraph 2 of schedule 4 to the Water Industry (Scotland) Act 2002 (asp 3);.181The Housing (Scotland) Act 1987 is amended as follows.2In section 61 (secure tenant’s right to purchase)—ain subsection (2)(a), for paragraph (iia) substitute—iiaScottish Water;,bin subsection (11)(l)—ifor “a water authority or sewerage authority in Scotland” substitute “ Scottish Water ”,iiafter “of” insert “ Scottish Water and ”.3In section 212(4) (rent increase notices), for paragraph (e) substitute—eScottish Water.4In section 233(3) (power of local authority to assist in provision of separate service water pipes for houses)—afor “a water authority” substitute “ Scottish Water ”, andbfor “the water authority” substitute “ Scottish Water ”.5In section 300(1)(a) (meaning of “public sector authority”), for “a water authority” substitute “ Scottish Water ”.6In section 338(1) (interpretation), the definitions of “sewerage authority” and “water authority” are repealed.19In section 56(1) (water supply: Scotland) of the Food Safety Act 1990—afor the words from “a water” to “1980)” substitute “ Scottish Water ”,bfor “that Act” substitute “ the Water (Scotland) Act 1980 ”.201The Environmental Protection Act 1990 is amended as follows.2In section 45 (collection of controlled waste)—ain subsection (10), for “a sewerage authority” in each place where it occurs substitute “ Scottish Water ”,bafter subsection (10), insert—10AWhere a waste collection authority, in the exercise of its powers under subsection (7)(a) above, proposes to execute works outside its area, it shall, in addition to any notice served under section 3(2) of the Sewerage (Scotland) Act 1968 as applied by virtue of subsection (10) above, serve notice of its intention on the waste collection authority within whose area it is proposed to execute the works together with a description of the proposed works and if, within two months after the service of the notice, the waste collection authority on whom it was served objects to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Scottish Ministers who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as they think just, or who may withhold their consent, and their decision on the matter shall be final.3In section 53 (duty of authorities as respects disposal of controlled waste: Scotland)—ain subsection (2), for “and (10)” substitute “ , (10) and (10A) ”,bin subsections (4) and (5), for “the sewerage authority” wherever it occurs substitute “ Scottish Water ”,cin subsection (5), for “a sewerage authority” substitute “ Scottish Water ”,dsubsection (5A) is repealed.211The New Roads and Street Works Act 1922 is amended as follows.2In section 108(6)(a) (the road works authority and other relevant authorities), for the words from “a sewer” to the end substitute “ a public sewer, Scottish Water; ”.3In section 109(6)(a) (permission to execute works), for the words from “a sewer” to the end substitute “ a public sewer, Scottish Water; ”.4In section 117(3)(a) (restriction on works following substantial works carried out for roads purposes)—afor “a sewer vested in a sewerage authority” substitute “ a public sewer ”,bfor “that authority” substitute “ Scottish Water ”.5In section 148 (sewers)—ain subsection (1)—ifor “a sewer vested in a sewerage authority” substitute “ a public sewer ”,iifor “that authority” substitute “ Scottish Water ”,bin subsection (3)(a)—ifor “a sewerage authority” substitute “ Scottish Water ”,iifor “authority” in the second place where it occurs substitute “ body ”,cin subsection (4), for “a sewer vested in a sewerage authority” substitute “ a public sewer ”.6In section 149(4)(a) (provision as to reinstatement of sewers, drains or tunnels), for the words from “a sewer” to “that authority” substitute “ a public sewer, Scottish Water ”.7In section 164(1) (minor definitions)—aafter the definition of “in” insert—“public sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;,bthe definition of “sewerage authority” is repealed.8In Schedule 6 (roads with special engineering difficulties)—ain paragraph 7(3)(b), for “a sewer vested in a sewerage authority” substitute “ a public sewer ”,bin paragraph 9—ifor “A sewerage authority in whom a sewer is vested” substitute “ Scottish Water ”,iifor “their sewer” substitute “ a public sewer ”.221The Natural Heritage (Scotland) Act 1991 is amended as follows.2In section 20 (drought orders)—ain subsection (3), for “a water authority” substitute “ Scottish Water ”,bin subsection (5), for “the water authority” in both places where it occurs substitute “ Scottish Water ”,cin subsection (6)—ifor “a water authority” substitute “ Scottish Water ”,iifor “the authority” in both places where the expression occurs substitute “ Scottish Water ”,din subsection (7)—ifor “the water authority” substitute “ Scottish Water ”,iifor “water authorities generally” substitute “ Scottish Water ”.3In section 22(1) (interpretation), in the definition of “compensation water”—afor “a water authority” substitute “ Scottish Water ”, andbfor “their” substitute “ its ”.4In section 24 (rights of entry and inspection under Parts II and III)—ain subsection (1)—ifor “a water authority” substitute “ Scottish Water ”, andiiin paragraph (a), for “the authority” substitute “ Scottish Water ”,bin subsection (9)—ifor “a water authority” substitute “ Scottish Water ”, andiiin paragraph (a), for “the authority” substitute “ Scottish Water ”.5In Schedule 7 (further provisions regarding drought orders)—ain paragraph 3, for “a water authority” substitute “ Scottish Water ”,bin paragraph 3(b)—ifor “the authority” substitute “ Scottish Water ”,iifor “they think” in both places where the expression occurs substitute “ it thinks ”,iiiin sub-sub-paragraph (i), for “the authority’s” substitute “ its ”,cin paragraph 5—iin sub-paragraph (1), for “a water authority” and “that authority” substitute “ Scottish Water ”,iiin sub-paragraph (2), for “a water authority” substitute “ Scottish Water ”,iiiin sub-paragraph (3), for “a water authority” and “the authority” substitute “ Scottish Water ”,din paragraph 6, for “a water authority” substitute “ Scottish Water ”,ein paragraph 7—ifor the words from the beginning to “order” substitute “ Where powers have been conferred on Scottish Water by a drought order, the Scottish Ministers may require it ”,iifor “them” substitute “ it ”.6In Schedule 8 (procedure for making drought orders), in paragraph 1(3), in the Table, in the second column of the first entry, paragraph (b) is repealed.7In Schedule 9 (compensation in respect of drought orders), in paragraph 1, for “a water authority” substitute “ Scottish Water ”.23In the Local Government etc. (Scotland) Act 1994, the following provisions are repealed—asections 62 to 64 (new water and sewerage authorities and their areas),bsection 65(2) (general duties of Scottish Ministers and of water authorities),csection 66 (codes of practice for new water and sewerage authorities),dsections 67A to 100 (Water Industry Commissioner and other provisions about new authorities),esections 116 to 126 (miscellaneous provisions about new authorities),fSchedules 7 (constitution etc. of new authorities), 8 (water and sewerage areas) and 9A to 11 (Water Industry Commissioner, recovery by diligence of water charges and water and sewerage transfer schemes), andgin Schedule 13 (modifications of enactments)—iparagraph 38(8)(b) and (c),iiparagraph 56(5),iiiparagraph 66(3),ivparagraph 72(7)(a) and (9)(b),vparagraph 75(2)(a) and (c), (3), (4)(a), (5), (6), (7)(a)(ii), (b)(ii) and (c)(ii), (8)(b), (9) to (11), (13)(c), (15), (17)(a) and (c), (18)(a), (19)(a), (21), (22), (25)(a), (27) and (28)(a), (c), (e) and (f),viparagraph 92(55)(b),viiparagraph 119(6)(d) and (e), (7)(b), (11)(b), (31)(c), (38)(e), (53)(a)(ii), (iii) and (v),viiiparagraph 128(3)(c),ixparagraph 133(3),xparagraph 135(8) and (10)(a)(iv) and (v),xiparagraph 137(2)(b) and (6)(b) and (c),xiiparagraph 152(2)(c) and (7)(b) and (c),xiiiparagraph 167(8)(c),xivparagraph 168(2), (3), (4)(a) and (6),xvparagraph 181(b).241The Environment Act 1995 is amended as follows.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3In Part II of Schedule 21 (application of certain enactments to the Crown), paragraph 6 is repealed.25Paragraph 58 of Schedule 2 (consequential amendments) to the Planning (Consequential Provisions) (Scotland) Act 1997 is repealed.261The Water Industry Act 1999 is amended as follows.2The following provisions are repealed—ain section 12 (Water Industry Commissioner for Scotland), subsections (1), (2) and (4),bsection 13 (Commissioner’s advice on charges),cSchedule 2 (Water Industry Commissioner and consultative committees), anddin Part II of Schedule 3 (minor and consequential amendments), paragraphs 7 to 15.271The Public Finance and Accountability (Scotland) Act 2000 is amended as follows.2In section 23(7) (economy, efficiency and effectiveness examinations), for the words from “a new” to “1994 (c.39))” substitute “ Scottish Water ”.3The following provisions are repealed—ain schedule 1 (capital expenditure of and borrowing by certain statutory bodies), paragraph 6, andbin schedule 4 (modifications of enactments relating to Part 2), paragraph 12(2) and (4).28In schedule 3(devolved public bodies) to the Ethical Standards in Public Life etc. (Scotland) Act 2000—athe entries for the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority are repealed, andbat the appropriate place, the following entry is inserted—Scottish WaterS. 56 wholly in force at 1.4.2002; s. 56 not in force at Royal Assent see s. 72(1); s. 56 in force at 8.3.2002 for certain purposes by S.S.I. 2002/118, art. 2(2), Sch.; s. 56 in force at 1.4.2002 insofar as not already in force by S.S.I. 2002/118, art. 2(3)S. 72(1) power fully exercised: different dates appointed for specified provisions and purposes by S.S.I. 2002/118, art. 2, Sch. (with savings in art. 3)Sch. 4 para. 2(3)(za) inserted (30.12.2002) by 2002 asp 17, ss. 61, 64(2)-(4), Sch. 3 Pt. I para. 28Sch. 7 para. 23 wholly in force at 1.4.2002; Sch. 7 para. 23 not in force at Royal Assent, see s. 72(1) and wholly in force (1.4.2002) by S.S.I. 2002/118, art. 2 (subject to art. 3)Words in s. 54(1) substituted (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), sch. 7 para. 13(a) (with s. 55(2)); S.S.I. 2004/495, art. 2S. 54(2) repealed (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), sch. 7 para. 13(b) (with s. 55(2)); S.S.I. 2004/495, art. 2S. 54(3)(a)(b) repealed (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), sch. 7 para. 13(c)(i) (with s. 55(2)); S.S.I. 2004/495, art. 2Words in s. 54(3)(c) repealed (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), sch. 7 para. 13(c)(ii) (with s. 55(2)); S.S.I. 2004/495, art. 2Words in s. 54(4) substituted (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), sch. 7 para. 13(d)(i) (with s. 55(2)); S.S.I. 2004/495, art. 2Words in s. 54(4) repealed (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), sch. 7 para. 13(d)(ii) (with s. 55(2)); S.S.I. 2004/495, art. 2S. 1 substituted (20.6.2005 for specified purposes, 1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1, sch. 2Sch. A1 inserted (20.6.2005 for the insertion of Sch. A1 paras. 1-7, 1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 1 (with s. 36); S.S.I. 2005/351, art. 2, sch. 1, sch. 2Words in s. 3 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 3(6)(a) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(2)(a) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 3(6)(b) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(2)(b) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2S. 4(2)(3) substituted for s. 4(2) (1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(2), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 4(1) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2S. 5(4) added (1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(3), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 5(1)-(3) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 6 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Word in s. 11(1)(a) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 27 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 49 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(6) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 57(6)(a) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 68(4) inserted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(8)(a) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 68(6) inserted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(8)(b) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 70(1) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(9)(a) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 70(1) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(9)(b) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 26(1)(a) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(4)(a)(i) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 26(1)(b) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(4)(a)(ii) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2S. 26(2) repealed (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(4)(b) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 26(1)-(4) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 26(7) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 30(1) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(2)(a), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 30(3) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(2)(b), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Words in s. 30(4) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(2)(c)(i), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Word in s. 30(4) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(2)(c)(ii), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Ss. 29-29G substituted for s. 29 (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Ss. 31-34 repealed (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(3), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2 (with art. 3(1)(3))Ss. 56A, 56B inserted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 22, 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2Sch. 7 para. 1 repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, sch. 4 (with s. 77); S.S.I. 2005/392, art. 2(k)S. 3(1)-(5) repealed (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 3(2), 37(2) (with s. 36); S.S.I. 2006/167, art. 2, sch. 1Words in s. 5(2)(a) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(3)(a) (with s. 36); S.S.I. 2006/167, art. 2, sch. 1Word in s. 5(2)(b) repealed (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(3)(b) (with s. 36); S.S.I. 2006/167, art. 2, sch. 1S. 35A inserted (7.9.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(5), 37(2) (with s. 36); S.S.I. 2006/445, art. 2, sch.S. 35(10) added (7.9.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 21(4), 37(2) (with s. 36); S.S.I. 2006/445, art. 2, sch.Words in s. 57(7) renumbered as s. 57(7)(a) (7.9.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(7)(a) (with s. 36); S.S.I. 2006/445, art. 2, sch.S. 57(7)(b) and word inserted (7.9.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(7)(b) (with s. 36); S.S.I. 2006/445, art. 2, sch.Sch. 1 Pt. 1 repealed (8.1.2007) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(10) (with s. 36); S.S.I. 2006/599, art. 2, sch.Words in s. 46(1)(b)(ii) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), sch. 3 para. 24; S.S.I. 2007/512, art. 2(c)Sch. 7 para. 14(2)(3) savings for effects of 2007 asp 8 sch. 3 (28.12.2007) by The Transport and Works (Scotland) Act 2007 (Consequential and Transitional Provisions) Order 2007 (S.S.I. 2007/517), arts. 1(1), 4(2)-(4)Sch. 7 para. 14(2)(3) repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2; S.S.I. 2007/516, art. 2Words in s. 25(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 200(2) (with art. 10)Words in s. 43(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 200(3) (with art. 10)S. 56(1)(aa) inserted (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), ss. 74, 100(2) (with s. 95); S.S.I. 2009/341, art. 2(2)(a)Words in sch. 4 para. 4(1) inserted (1.4.2008 for specified purposes, 23.11.2009 for specified purposes) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 26(3) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/369, art. 3(2)(3), sch. (with art. 4) (which transitional provisions in art. 4 are revoked (31.1.2011) by S.S.I. 2011/31, art. 5(c))Sch. 4 para. 2(3)(zb) inserted (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 26(2) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), sch. (with art. 4) (which transitional provisions in art. 4 are revoked (31.1.2011) by S.S.I. 2011/31, art. 5(c))S. 11(7A) inserted (20.4.2010) by The Water Quality (Scotland) Regulations 2010 (S.S.I. 2010/95), regs. 1(1), 6Sch. 7 para. 11(3) repealed (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), s. 168(1), sch. 4 para. 9 (with s. 162); S.S.I. 2010/230, art. 2(h)Sch. 7 para. 3 repealed (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), sch. 3 para. 13 (with s. 91); S.S.I. 2010/401, art. 3(h)S. 2 repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)S. 4(4) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 3; S.S.I. 2011/278, art. 2(d)Words in s. 5(2)(b) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 4(c)(i); S.S.I. 2011/278, art. 2(d)Words in s. 5(2)(b) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 4(c)(ii); S.S.I. 2011/278, art. 2(d)Words in s. 5(2)(a)(i) substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 4(a); S.S.I. 2011/278, art. 2(d)Words in s. 5(2)(a)(ii) substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 4(b); S.S.I. 2011/278, art. 2(d)S. 6(2A)(2B) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 5; S.S.I. 2011/278, art. 2(d)S. 6A repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 21 (with sch. 3 para. 8(2)(4)); S.S.I. 2011/278, art. 2(d)S. 6B repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)S. 6C repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)Words in s. 27(1) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(2)(a), 134(7)(8); S.S.I. 2011/278, art. 2(b)Words in s. 27(4) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(2)(b), 134(7)(8); S.S.I. 2011/278, art. 2(b)Words in s. 28(3)(a) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(3), 134(7)(8); S.S.I. 2011/278, art. 2(b)Word in s. 29B(4)(a) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(4)(a), 134(7)(8); S.S.I. 2011/278, art. 2(b)S. 29B(4)(iia) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(4)(b), 134(7)(8); S.S.I. 2011/278, art. 2(b)S. 29D(5)(aa) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(5), 134(7)(8); S.S.I. 2011/278, art. 2(b)Words in s. 56A(4) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(6), 134(7)(8); S.S.I. 2011/278, art. 2(b)Words in s. 57(6) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(7), 134(7)(8); S.S.I. 2011/278, art. 2(b)Words in s. 70 inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 130(8), 134(7)(8); S.S.I. 2011/278, art. 2(b)S. 2A inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 2; S.S.I. 2011/278, art. 2(d)Words in Pt. 1 title substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 7; S.S.I. 2011/278, art. 2(d)Sch. 1 Pt. 2 repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)Words in s. 6 title inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 6; S.S.I. 2011/278, art. 2(d)S. 40 repealed (22.7.2012) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(5) (with s. 36); S.S.I. 2012/192, art. 2S. 58(2)-(4) repealed (1.1.2013) by Public Records (Scotland) Act 2011 (asp 12), ss. 14(e), 16(1); S.S.I. 2012/247, art. 2S. 50A inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 24, 56(1)(2); S.S.I. 2013/342, art. 2(a)S. 51A inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 25, 56(1)(2); S.S.I. 2013/342, art. 2(a)Ss. 42A, 42B inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 27(1), 56(1)(2); S.S.I. 2013/342, art. 2(a)S. 42 title substituted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 27(3), 56(1)(2); S.S.I. 2013/342, art. 2(a)S. 25(1A) inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 23, 56(1)(2); S.S.I. 2013/342, art. 2(a)S. 42(4)(5) repealed (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 27(2), 56(1)(2); S.S.I. 2013/342, art. 2(a)S. 70(2) substituted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 26, 56(1)(2); S.S.I. 2013/342, art. 2(a)Words in s. 2A heading substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(2)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 2A(1) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(2)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 2A(2) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(2)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 4(4) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 5(2)(a)(i) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(4) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Words in s. 70(1) inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(12) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)Sch. 7 para. 24(2) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 15; S.S.I. 2014/160, art. 2(1)(2), sch.Sch. 7 para. 7 repealed (1.4.2016) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 112(3), 116(1) (with s. 110); S.S.I. 2016/42, art. 2, sch. (with art. 3)Sch. 7 para. 16 repealed (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 9 Pt. 1 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2S. 67(4) substituted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 31Words in s. 4(4) inserted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(2) (with reg. 3)Words in s. 6 heading substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(3)(a) (with reg. 3)Words in s. 6(2A) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(3)(b)(i) (with reg. 3)Words in s. 6(2A) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(3)(b)(ii) (with reg. 3)Words in s. 6(2B) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(3)(c) (with reg. 3)Words in s. 27(1) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(4)(a) (with reg. 3)Words in s. 27(4) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(4)(b) (with reg. 3)Words in s. 28(3)(a) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(5) (with reg. 3)Words in s. 29B(4)(a)(iii) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(6) (with reg. 3)Words in s. 29D(5)(b) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(7) (with reg. 3)Words in s. 56A(4) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(8) (with reg. 3)Words in s. 57(6)(a) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(9) (with reg. 3)Words in s. 37(3)(b)(i) substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45), reg. 1(2), sch. 2 para. 11(2) (with sch. 1 paras. 1-4, 13-20)Words in s. 70 inserted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45), reg. 1(2), sch. 2 para. 11(3) (with sch. 1 paras. 1-4, 13-20)Sch. 3 para. 2(2A) inserted (18.3.2026) by The Public Services Reform (Scottish Water) Order 2026 (S.S.I. 2026/146), arts. 1, 2(4)Word in sch. 3 para. 2(1)(b) substituted (18.3.2026) by The Public Services Reform (Scottish Water) Order 2026 (S.S.I. 2026/146), arts. 1, 2(2)Sch. 3 para. 2(2) substituted (18.3.2026) by The Public Services Reform (Scottish Water) Order 2026 (S.S.I. 2026/146), arts. 1, 2(3)