Search Legislation

Water Services etc. (Scotland) Act 2005

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Contractual matters

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Water Services etc. (Scotland) Act 2005, Cross Heading: Contractual matters. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F1Contractual mattersS

Textual Amendments

F1Ss. 20A, 20B and cross-heading inserted (10.6.2013 for specified purposes, 1.4.2016 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 32, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2016/14, art. 2

20ADeemed contractsS

(1)Subsection (4) applies as respects the circumstances specified in subsection (2) or (3).

(2)The circumstances are that water is supplied to eligible premises by Scottish Water otherwise than in pursuance of arrangements made between—

(a)a water services provider, and

(b)the occupier of the premises.

(3)The circumstances are that sewerage is provided to, or sewage is disposed of from, eligible premises by Scottish Water otherwise than in pursuance of arrangements made between—

(a)a sewerage services provider, and

(b)the occupier of the premises.

(4)The relevant parties are deemed to have made arrangements with each other for the provision to the premises of the services to which subsection (2) or (as the case may be) (3) relates.

(5)The terms and conditions set by a scheme made under section 20B are incorporated into the arrangements—

(a)as if they were agreed by the relevant parties, and

(b)so far as they are relevant having regard to the purposes or areas to which they extend.

(6)The arrangements are effective as from the later of—

(a)the day on which the premises began to receive those services,

(b)the day on which the occupier acquired the premises,

(c)the day on which section 32 of the Water Resources (Scotland) Act 2013 came into force.

(7)Sections 16 to 20 have effect in relation to the arrangements as if they were made ordinarily between the relevant parties.

(8)In this section—

(a)the references to the relevant parties are to—

(i)the water services or (as the case may be) sewerage services provider that is designated in accordance with a scheme made under section 20B, and

(ii)the occupier of the premises,

(b)the references to the occupier of premises are, if the premises are unoccupied, to be construed as references to the owner of the premises.

20BCommission's schemeS

(1)The Commission must make a scheme setting out the terms and conditions to be incorporated into any arrangements deemed by section 20A(4) to have been made.

(2)A scheme under this section may—

(a)specify the basis on which a particular water or sewerage services provider is to be designated in connection with section 20A(8)(a)(i),

(b)in respect of the services to which section 20A(2) or (as the case may be) (3) relates—

(i)fix the maximum charges that may be recovered by the water or sewerage services provider so designated,

(ii)allow the water or sewerage services provider so designated to set the particular charges that are to be recovered by it.

(3)A scheme under this section may—

(a)make different provision for different purposes or areas,

(b)for future application, revise an earlier such scheme.

(4)Before making a scheme under this section, the Commission must consult—

(a)every water or sewerage services provider,

(b)Scottish Water, and

(c)[F2Citizens Advice Scotland].

(5)As soon as practicable after the Commission makes a scheme under this section, it must—

(a)in a manner appropriate for bringing the scheme to the attention of persons likely to be affected by it, publish a notice stating its effect,

(b)send a copy of the scheme to—

(i)every water or sewerage services provider,

(ii)Scottish Water, and

(iii)any other person who requests it.]

[F320CNotification of occupancyS

(1)Subsection (2) applies to any premises—

(a)to which water is supplied under section 16(2), or

(b)to which sewerage is provided, or from which sewage is disposed of, under section 16(5).

(2)The owner of the premises must give the water or sewerage services provider the required information if there is a change in occupancy because they—

(a)are occupied by a new occupier, or

(b)have fallen vacant.

(3) In subsection (2), “ required information ” means—

(a)address of the premises,

(b)identity of the new occupier or (as the case may be) fact that the premises have fallen vacant,

(c)day on which the change in occupancy occurred.

(4) The Scottish Ministers may by regulations—

(a)make rules for timing and procedure in connection with subsections (1) and (2),

(b)by addition, modify the list in subsection (3).

Textual Amendments

F3Ss. 20C, 20D inserted (10.6.2013 for specified purposes, 1.1.2017 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 33(2), 56(1)(2); S.S.I. 2013/163, art. 3, sch.; S.S.I. 2016/327, art. 2

20DLiability for chargesS

(1)Subsection (2) applies if, without reasonable excuse, an owner of any premises to which section 20C(1) relates fails to comply with section 20C(2) (except where the new occupier is the owner or the premises have fallen vacant).

(2)The new occupier's liability (if any) to the water or sewerage services provider for the relevant charges becomes shared jointly and severally with the owner.

(3) In subsection (2), “ relevant charges ” means charges arising by virtue of any arrangements to which section 16(1) or (as the case may be) (4) relates.

(4)The Scottish Ministers may by regulations make rules for—

(a)timing and procedure in connection with subsections (1) and (2),

(b)exempting an owner from liability under subsections (1) and (2) where, although information supplied by the owner is inaccurate or incomplete, the owner has taken prescribed steps to ensure its accuracy or completeness.]

Textual Amendments

F3Ss. 20C, 20D inserted (10.6.2013 for specified purposes, 1.1.2017 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 33(2), 56(1)(2); S.S.I. 2013/163, art. 3, sch.; S.S.I. 2016/327, art. 2

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

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.

Close

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

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