Explanatory Notes

Water Environment and Water Services (Scotland) Act 2003

2003 asp 3

5 March 2003

The Act – Section by Section

Part 1 – Protection of the water environment

Section 23 – Fixing of charges for water services

89.Subsection (1) confers power on the Scottish Ministers to make by regulations such provision in relation to charging for water services as they consider necessary or expedient for the purpose of protection of the water environment.

90.Subsection (2) provides that the regulations may, in particular, specify principles, objectives or other matters to be taken account of in the fixing of charges. Regulations under this section can amend enactments (section 36(3)) e.g. enactments conferring power to charge, for or relating to the fixing of charges, for the provision of water services. Subsection (3) requires Scottish Ministers to consult such persons as they see fit before making regulations under subsection 1. “Water services” is defined in subsection (4).

91.This section will enable the Scottish Ministers to implement the requirements of Article 9 of the Directive.