Part 1

Water Industry Commissioner and the representation of consumers

Water Industry Commission for Scotland
1
1
There is established a body to be known as the Water Industry Commission for Scotland (referred to in this Act as “
the Commission
”).
2
The Commission has the general function of promoting the interests of persons (taken as a whole) whose premises—
a
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, or
b
might reasonably become connected to either or both of those systems,
relating to the provision to them of water and sewerage services.
3
The 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.
4
Schedule A1 makes further provision about the Commission.

Water Customer Consultation Panels
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citizens Advice Scotland representations
2A
1
This 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.
2
The 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.
3
Any 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.
4
The persons are—
a
the Scottish Ministers,
b
Scottish Water,
c
the Water Industry Commission,
d
the Drinking Water Quality Regulator for Scotland,
e
the Scottish Environment Protection Agency.

Functions of the Commissioner
3
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Commission is to advise the Scottish Ministers on any matter which appears to the Commission or to them to relate to—
a
the 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 , or
b
the 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.
7
The Commission has power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise of the Commission's functions.

Power of the Commissioner to require information
4
1
Scottish 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.
2
Subsection (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.
3
Where Scottish Water considers that it is entitled to withhold information from the Commission—
a
because it is not reasonably sought, or
b
by virtue of subsection (2),
it must intimate that fact to the Commission in writing.
4
Scottish 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).

Annual reports by, and information from, the Commissioner
5
1
The Commission must—
a
as 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, and
b
provide the Scottish Ministers with such information regarding the exercise of those functions as they may require.
2
A report under subsection (1)(a) must include a summary of—
a
action taken by the Commission during the year to which the report relates in response to—
i
any
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)
, and
ii
any proposals made to it under section 8(1)(b) of that Act , and
b
where 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.
3
A 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.
4
The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).

Funding of the Commission and Consumer Scotland
6
1
The Scottish Ministers may make grants to the Commission in respect of the Commission's expenses.
2
Scottish 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.
2A
Scottish 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.
2B
Before making a direction under subsection (2A), the Scottish Ministers must consult
Consumer Scotland
.

Convener of Customer Panels to investigate complaints
6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports and information regarding Customer Panels
6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation between the Commission and Customer Panels
6C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 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. 2
Words 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. 2
Words 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. 2
Words 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. 2
S. 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. 2
Words 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. 2
S. 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. 2
Words 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. 2
Words 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. 2
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. 1
Words 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. 1
Word 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. 1
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)
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)
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)
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. 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)