9

This section does not apply in relation to the purposes mentioned in section 76M(1).

PART VIBRaw water quality

76MPower to enter

1

Scottish Water may—

a

enter any premises for the purposes of—

i

assessing or monitoring the quality of any raw water, or

ii

investigating or isolating anything that appears to be affecting, or may affect, the quality of any raw water,

b

take any steps at the premises which are reasonably required for those purposes.

2

Subsection (1)—

a

authorises entry only if the occupier of the premises has been given at least 24 hours' notice of the intended entry for those purposes,

b

does not authorise entry into a house.

3

Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.

4

In subsection (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).

5

In this section, “raw water”—

a

means water contained in any bodies of water—

i

identified by an order made under section 6(1) of the Water Environment and Water Services (Scotland) Act 2003, or

ii

specified by an order made under section 76R(1),

b

also includes water that flows or drains into any bodies of water so identified or specified (or is capable of doing so).

6

But excluded from the definition given by subsection (5) is any water that is used or available as or for a private water supply within such meaning as the Scottish Ministers may by order prescribe for the purpose of this subsection.

76NEntry warrants

1

Scottish Water may apply to the sheriff for a warrant authorising it to—

a

enter particular premises for the purposes mentioned in section 76M(1),

b

take any steps at the premises which are reasonably required for those purposes.

2

The sheriff may grant the warrant sought if satisfied—

a

that there are reasonable grounds for entering the premises for those purposes, and

b

that—

i

the first and second conditions are met, or

ii

the third condition is met.

3

The first condition is that—

a

admission to the premises has been refused,

b

the taking of steps at the premises has been obstructed, or

c

such refusal or obstruction may reasonably be expected.

4

The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.

5

The third condition is that the premises are unoccupied.

6

A warrant under subsection (1)—

a

remains valid until the purposes mentioned in section 76M(1) are fulfilled,

b

allows the use of reasonable force (if required),

c

does not authorise entry into a house.

7

Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.

76OApproved persons

1

Subsection (2) applies to the authority conferred on Scottish Water by—

a

section 76M(1), or

b

a warrant under section 76N(1).

2

The authority is exercisable on behalf of Scottish Water by any person approved (in writing) by Scottish Water for the purposes mentioned in section 76M(1).

76PTaking steps

1

Subsections (2) to (6) apply in relation to the exercise of the authority mentioned in section 76O(1)(a) or (b).

2

An approved person must, if required by the occupier of the premises—

a

produce evidence of the approved person's identity (and approval), and

b

explain the nature of the authority by (as the case may be)—

i

reference to section 76M, or

ii

showing a copy of the warrant.

3

An approved person may take onto the premises—

a

other persons acting under the approved person's direction,

b

such equipment as is necessary in connection with the steps that may be taken there.

4

The steps that may be taken by an approved person at the premises include—

a

inspecting or measuring any water found there,

b

carrying out tests on or taking samples from any soil, water or other substance found there,

c

installing or maintaining any measuring, testing or sampling equipment for use there.

5

An approved person may enter the premises only at a reasonable time.

6

If the premises are unoccupied, an approved person must leave them as effectively secured against entry as they were when that person entered them.

7

In subsections (2) to (6), “approved person” means person approved as mentioned in section 76O(2).

76QObstruction offence

1

A person commits an offence if the person intentionally obstructs an approved person in the exercise of the authority mentioned in section 76O(1)(b).

2

In subsection (1), “approved person” means person approved as mentioned in section 76O(2).

3

A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

76RSpecifying bodies of water

1

For the purpose of section 76M(5)(a)(ii), the Scottish Ministers may by order specify any bodies of water that are—

a

used for the abstraction of water intended for human consumption, or

b

intended to be used as mentioned in paragraph (a).

2

An order under subsection (1) may specify any bodies of water by reference to a map prepared in connection with the order (and laid along with it).

3

The Scottish Ministers must send to the Scottish Environment Protection Agency a copy of—

a

an order made under subsection (1), and

b

any map prepared in pursuance of subsection (2).

76SOrders under this Part

An order under section 76M(6) or 76R(1) is subject to the negative procedure.