4 Power of the Commissioner to require informationS
(1)Scottish Water must, on being requested to do so by the [F1Commission], provide the [F1Commission] with such information held by it as the [F1Commission] may reasonably seek in the exercise of the [F1Commission's] functions.
[F2(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.]
[F3(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 [F4Citizens Advice Scotland] [F5or Consumer Scotland] with information).]
Textual Amendments
F1Words 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
F2S. 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
F3S. 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)
F4Words 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)
F5Words 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)