69.This section is equivalent to section 74 of the 1994 Act, but revised to clarify Scottish Water’s powers to charge for goods and services.
70.Subsection (1) is drawn more widely than 74(1)(a) of the 1994 Act and gives Scottish Water a broad general power under which to charge for any goods that it might supply and any services that it might provide.
71.Subsection (2)(a) makes exemptions from the general charging power in subsection (1) in respect of water supplied under the circumstances set out in:
section 9A of the Water (Scotland) Act 1980, which ensures that no charge can be made for supplies of water for certain fire-fighting purposes; and
section 47 of that Act, which continues any arrangements in force before 16th May 1949 under which no charge was made for supplies of water.
72.Subsection (2)(b) avoids the general power at subsection (1) overlapping with other specific powers to charge by specifying that subsection (1) does not apply where another charging power already exists. Subsection (3) provides that the power under subsection (1) to charge can be exercised:
in respect of services provided in the exercise Scottish Water’s core functions as provider of water and sewerage services on the public networks, as part of a charges scheme agreed with the Commissioner; and
in respect of such services or in any other case, by individual agreements with customers.
73.Subsection (4) provides that where charges are not based on a charges scheme agreed with the Commissioner, the basis for calculating charges is to be a matter for Scottish Water’s discretion.