Water Services etc. (Scotland) Act 2005 Explanatory Notes

1. Introduction

2. The Act

3. Commentary on Sections

   1. Part 1: Water Industry Commission and Customer Panels

      1. Section 1: Water Industry Commission for Scotland

      2. Section 2: Dissolution of office of Commissioner

      3. Section 3: Customer Panels

   2. Part 2: Provision of Water and Sewerage Services

      1. Offences

         1. Section 4:  Public water supply system: offences

         2. Section 5: Public sewerage system: offences

      2. Licensing of services provided to eligible premises

         1. Section 6: Licence authorisation

         2. Section 7: Granting of licence

         3. Section 8: Compliance with licences

         4. Section 9: Fees relating to licences

         5. Section 10: Licensed providers to give information

         6. Section 11: Participation of licensed providers

         7. Section 12: Licences and compliance: further provision

      3. Scottish Water: water and sewerage services undertaking

         1. Section 13: Water and sewerage services undertaking

         2. Section 14: Financing, borrowing and guarantees

         3. Section 15: Transfer of staff etc. to the undertaking

      4. Scottish Water: services via licensed providers

         1. Section 16: Scottish Water to provide services

         2. Section 17: Continuation of water services

         3. Section 18: Discontinuation of water services

         4. Section 19: Disconnections code

         5. Section 20: Continuation and discontinuation of sewerage services

      5. Scottish Water: charges and functions

         1. Section 21: Scottish Water’s charges for water and sewerage services

            1. Subsection (1): the new section 29 of the 2002 Act: Charges for goods and services

            2. Subsection (1): the new section 29A of the 2002 Act: Charges schemes

            3. Subsection (1): the new section 29B of the 2002 Act: Determination of maximum charges

            4. Subsection (1): the new section 29C of the 2002 Act: Exercise of functions regarding charges

            5. Subsection (1): the new section 29D of the 2002 Act: Statements regarding charges

            6. Subsection (1): the new section 29E of the 2002 Act: Departure from certain charges

            7. Subsection (1): the new section 29F of the 2002 Act: Review of determinations and charges

            8. Subsection (1): the new section 29G of the 2002 Act: Effective exercise of core functions

            9. Subsection (2): Scottish Water’s charges for water and sewerage services

            10. Subsection (3): Repeal of sections 31 to 34 of the 2002 Act

            11. Subsections (4) and (5): Liability of occupiers etc. for charges

         2. Section 22: Scottish Water’s functions: powers of the Scottish Ministers

         3. Section 23: Determinations relating to provision of services

         4. Section 24: Qualification of duty to provide services

      6. Sewerage nuisance: Code of Practice

         1. Section 25: Sewerage nuisance: code of practice

         2. Section 26: Monitoring and enforcement

      7. Definitions for Part

         1. Section 27: Meaning of “eligible premises”

         2. Section 28: Meaning of “public water supply system”

         3. Section 29: Meaning of “public sewerage system”

   3. Part 3: Coal Mine Water Pollution

      1. Section 30: Control of water from coal mines

   4. Part 4: Miscellaneous and General

      1. Miscellaneous

         1. Section 31: Offences by bodies corporate and partnerships

         2. Section 32: Amendments to enactments

         3. Section 33: Ancillary provision

      2. General

         1. Section 34: Orders and regulations

         2. Section 35: Interpretation

         3. Section 36: Crown application

         4. Section 37: Short title and commencement

   5. Schedule 1: Water Industry Commission for Scotland

   6. Schedule A1: Water Industry Commission for Scotland

      1. Paragraph 1: Status

      2. Paragraph 2: Membership

      3. Paragraph 3: Tenure and removal from office

      4. Paragraph 4: Disqualification

      5. Paragraph 5: Chairing

      6. Paragraph 6: Remuneration, allowances and pensions

      7. Paragraph 7: Chief executive

      8. Paragraph 8: Staff

      9. Paragraph 9: Transfer of property and liabilities

      10. Paragraph 10: Committees

      11. Paragraph 11: Delegation of powers

      12. Paragraph 12: Proceedings

      13. Paragraph 13: General powers

      14. Paragraph 14: Accounts

   7. Schedule 2: Licences and Compliance: Further Provision

      1. Paragraph 1: Application for licence

      2. Paragraph 2: Conditions of licence

      3. Paragraph 3: Conditions: sustainable development

      4. Paragraph 4: Transfer of licence

      5. Paragraph 5: Powers of entry etc.

      6. Paragraph 6: Powers of entry etc.: further provision

      7. Paragraph 7: Warrants

      8. Paragraph 8: Enforcement notices

      9. Paragraph 9: Enforcement notices: offences

      10. Paragraph 10: Revocation of licences

      11. Paragraph 11: Penalties for contravention of licence

      12. Paragraph 12: Register of licences

   8. Schedule 3: Certain Pre-Existing Agreements as to Charges

      1. Paragraph 1

      2. Paragraph 2

      3. Paragraph 3

   9. Schedule 4: Powers of Entry under the Coal Industry Act 1994

   10. Schedule 5: Amendments to Enactments

       1. Paragraph 1: Sewerage (Scotland) Act 1968 (c.47)

       2. Paragraph 2: House of Commons Disqualification Act 1975 (c.24)

       3. Paragraph 3: Race Relations Act 1976 (c.74)

       4. Paragraph 4: Water (Fluoridation) Act 1985 (c.63)

       5. Paragraph 5: Public Finance and Accountability (Scotland) Act 2000 (asp 1)

       6. Paragraph 6: Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

       7. Paragraph 7: Water Industry (Scotland) Act 2002 (asp 3)

       8. Paragraph 8: Scottish Public Services Ombudsman Act 2002 (asp 11)

       9. Paragraph 9: Freedom of Information (Scotland) Act 2002 (asp 13)

       10. Paragraph 10: Public Appointments and Public Bodies etc.(Scotland) Act 2003 (asp 4)

           1. Parliamentary History