Part 1 Water Industry Commissioner and Customer Panels

6AF1Convener of Customer Panels to investigate complaints

1

The Convener of the Water Customer Consultation Panels (referred to in this Part as the “Convener”) must investigate any complaint made to the Convener, a Customer Panel or the Commission as respects any of Scottish Water's core functions by any person 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

have been, or might reasonably become, connected to either or both of those systems.

2

Where any such complaint is made to a Customer Panel or the Commission, the Panel or (as the case may be) the Commission must refer the complaint to the Convener.

3

The Convener need not investigate a complaint under subsection (1) if—

a

the complainer has not pursued the matter with Scottish Water, or

b

it appears to the Convener that the complaint is vexatious or frivolous.

4

The Convener may, on behalf of the complainer in a complaint investigated under subsection (1), make representations to Scottish Water about any matter—

a

to which the complaint relates, or

b

which appears to the Convener to be relevant to the subject matter of the complaint.

5

Where the Convener investigates a complaint referred under subsection (2), the Convener must send to the Panel or (as the case may be) the Commission a report of the investigation.

6

Where the Convener decides not to investigate such a complaint, the Convener must send to the Panel or (as the case may be) the Commission a statement of the reasons for not investigating the complaint.

7

Scottish Water must, on being requested to do so by the Convener, provide the Convener with such information held by it as the Convener may reasonably seek in the exercise of the Convener's functions relating to complaints under subsection (1).

8

Where Scottish Water and the Convener cannot agree as to whether information is sought reasonably, either of them may refer the matter to the Scottish Ministers, whose decision is final.