Search Legislation

Water Environment and Water Services (Scotland) Act 2003


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Protection of the water environment

    1. Chapter 1 Purpose, general duties and definitions

      1. 1.General purpose of Part 1

      2. 2.The general duties

      3. 3.The water environment: definitions

    2. Chapter 2 River basin management planning

      1. River basin districts

        1. 4.Establishment of river basin districts

        2. 5.Characterisation of river basin districts

        3. 6.Bodies of water used for the abstraction of drinking water

        4. 7.Register of protected areas

        5. 8.Monitoring

        6. 9.Environmental objectives and programmes of measures

      2. River basin management plans

        1. 10.River basin management plans

        2. 11.River basin management plans: publicity and consultation

        3. 12.River basin management plans: submission for approval

        4. 13.River basin management plans: approval

        5. 14.River basin management plans: review

        6. 15.Sub-basin plans

        7. 16.Duty to have regard to river basin management plans and sub-basin plans

        8. 17.River Basin District Advisory Groups

      3. General

        1. 18.Power to obtain information and documents etc.

        2. 19.General regulation-making power

    3. Chapter 3 Measures for protection of the water environment

      1. 20.Regulation of controlled activities

      2. 21.Controlled activities regulations: procedure

      3. 22.Remedial and restoration measures

      4. 23.Fixing of charges for water services

      5. 24.Planning permission: fish farming

    4. Chapter 4 Supplementary

      1. 25.Power to give effect to Community obligations etc.

      2. 26.Annual report on implementation of Directive

      3. 27.Availability of documents for public inspection

      4. 28.Interpretation of Part 1

  3. Part 2 Water and sewerage services

    1. Duty to provide water and sewerage services

      1. 29.Duty to provide water and sewerage services

      2. 30.Private sewers, SUD systems and sewage treatment works etc.: vesting, takeover and connection conditions

    2. Mains and pipes provided by persons other than Scottish Water

      1. 31.Laying of water mains and communication pipes by persons other than Scottish Water

    3. Vesting of waterworks and mains

      1. 32.Vesting in Scottish Water of waterworks and mains

    4. Sustainable urban drainage systems

      1. 33.Sustainable urban drainage systems

    5. Supplementary

      1. 34.Modifications of Part III of the 1980 Act

  4. Part 3 General

    1. 35.Crown application

    2. 36.Orders and regulations

    3. 37.Ancillary provision

    4. 38.Commencement and short title

    1. SCHEDULE 1

      Matters to be included in river basin management plans

      1. Part 1 Matters to be included in every plan

        1. 1.A summary of the characterisation of the river basin district...

        2. 2.A summary of significant pressures, and the impact of human...

        3. 3.A summary of the register of protected areas maintained under...

        4. 4.Information as to the arrangements for monitoring water status under...

        5. 5.A list of the environmental objectives set under section 9...

        6. 6.A summary of the programme of measures prepared under section...

        7. 7.Information as to any sub-basin plan.

        8. 8.A non-technical summary of the information provided under paragraphs 1...

        9. 9.A summary of— (a) the steps taken under subsections (3)...

        10. 10.Information as to— (a) SEPA, and (b) every responsible authority...

        11. 11.The arrangements for making available to the public documents and...

      2. Part 2 Additional matters to be included in revised plans

        1. 12.A summary of the changes which have been made as...

        2. 13.An assessment of the progress made towards the achievement of...

        3. 14.A summary of any measures included in the programme of...

        4. 15.A summary of any measures additional to those referred to...

    2. SCHEDULE 2

      Controlled activities regulations: particular purposes

      1. Part 1 List of purposes

        1. 1.Controlled activities

        2. 2.Regulators

        3. 3.Regulation of controlled activities

        4. 4.Notification of proposals to carry on controlled activities

        5. 5.Water use licences

        6. 6.Registration

        7. 7.Charging schemes

        8. 8.Publicity and consultation

        9. 9.Requiring or authorising regulators to carry out consultation in connection...

        10. 10.Enforcement and offences

        11. 11.(1) Authorising regulators to serve on any persons carrying on...

        12. 12.Creating offences and dealing with matters relating to such offences,...

        13. 13.Enabling, where a person has been convicted of an offence...

        14. 14.Appeals

        15. 15.General

      2. Part 2 Supplementary provisions

        1. 16.Particular types of controlled activity

        2. 17.General binding rules

        3. 18.Imposition of conditions

        4. 19.Charging schemes

        5. 20.Offences

        6. 21.Interpretation

    3. SCHEDULE 3

      Sustainable urban drainage systems: further amendments

      1. 1.The 1968 Act

      2. 2.In section 1(1) (duty of Scottish Water to provide for...

      3. 3.In section 2 (maintenance of public sewers etc.), after “sewers,”...

      4. 4.In section 3 (power to construct public sewers)—

      5. 5.In section 3A(2) (vesting of privately constructed sewers)—

      6. 6.In section 4 (Scottish Water may close or alter public...

      7. 7.In section 7(1) (agreements between roads authorities and Scottish Water),...

      8. 8.In section 8(1) (agreements as to provision of sewers etc....

      9. 9.In section 11(1) (Scottish Water to keep maps of sewers,...

      10. 10.(1) Section 12 (rights of owners and occupiers to connect...

      11. 11.In section 14 (direction by Scottish Water as to manner...

      12. 12.In section 15 (owner or occupier to remedy defects in...

      13. 13.In section 16 (vesting of sewers and other works in...

      14. 14.In section 16A (vesting of certain private sewers)—

      15. 15.In section 17 (Scottish Water may take over private sewage...

      16. 16.In section 21(1) (buildings not to interfere with sewers), after...

      17. 17.In section 23 (restriction on working minerals)—

      18. 18.In section 39 (Scottish Water to have right to sewage),...

      19. 19.In section 41 (breaking open of streets etc.), after “sewers”...

      20. 20.In section 45 (production of plans and information)—

      21. 21.In section 46 (certain matter not to be passed into...

      22. 22.In section 48(1) (powers of entry)— (a) in paragraph (a),...

      23. 23.In section 59 (interpretation)— (a) in subsection (1), in the...

      24. 24.Water Industry (Scotland) Act 2002 (asp 3)

    4. SCHEDULE 4

      Modifications of Part III of the 1980 Act

      1. 1.In section 22 (power to break open streets) of the...

      2. 2.In section 23 (power to lay mains etc.), after subsection...

      3. 3.(1) Section 24 (communication and supply pipes) of the 1980...

      4. 4.(1) Part II of Schedule 3 (provisions as to laying...

      5. 5.In Schedule 4 (provisions to be incorporated in orders relating...

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources