Water (Scotland) Act 1967

The Water (Scotland) Act 1946 c. 42

1 In section 9, the words " and in any local enactment relating to the supply of water " shall be omitted.

2 In section 11 (1A) (which empowers a local water authority to impose conditions on the giving of a supply of water), the words from " until the aggregate amount" to " or " shall be omitted, and for the words " whichever first " occurs " there shall be substituted the words " or such lesser period as may appear to the authority to be appropriate ".

3 In section 26(1), for the words from " within their limits of supply" to " outside those limits" there shall be substituted the words " for the purposes of their functions " ; and in subsection (1)(a), after the words " below any street" there shall be inserted the words " after giving reasonable notice to the persons having control or management of the street ".

4 Section 27 shall cease to have effect.

5 In section 28(1), the words " at the expense of the owner of the premises " shall be omitted.

6 In section 32(1), after the word " premises" there shall be inserted the words " , but there may, in respect of that supply, be a fixed minimum charge of such amount as from time to time may be determined by the regional water board. " ; and the proviso shall be omitted.

7 Section 34 shall cease to have effect.

8 In section 35, for the words " so used " there shall be substituted the words " so supplied " ; and the proviso shall be omitted.

9 In section 36—

(a) the words from " and the consumer" to " other than domestic " shall be omitted ; and

(b) for the words from " used by him " to " apparatus " there shall be substituted the words " so supplied ".

10 In section 38(1) and (2), for the word " consumed " there shall be substituted the word " supplied ".

11 Section 48 shall cease to have effect.

12 In section 50(1), after the word " street", there shall be inserted the words " or in any land not forming part of a street " ; and after that subsection there shall be inserted the following subsection—

“(1A) The power conferred by the foregoing subsection to lay and maintain discharge pipes and apparatus in land, other than land forming part of a street, shall not be exercised unless reasonable notice thereof has been given to the owner and the occupier of that land.”

13 In section 73(1), for the words " this section " there shall be substituted the words " subsections (2) to (9) of section 355 of the [1947 c. 43.] Local Government (Scotland) Act 1947 ".

14 In section 74(2), for the words " section seventy-three of this Act" there shall be substituted the words " section 355 of the Local Government (Scotland) Act 1947 ".

15 Section 85 shall cease to have effect.

16 In Schedule 1—

(a) for paragraph 7, there shall be substituted the following paragraph—

“7 After considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.”;

(b) for paragraph 16, there shall be substituted the following paragraph—

“16 After considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.”; and

(c) for paragraph 22, there shall be substituted the following paragraph.—

“22 After considering the report of any local inquiry under the last foregoing paragraph, and before making the order approving the agreement, the Secretary of State shall give to any person who has objected thereto under the said paragraph, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.”

17 In Schedule 3, in paragraph 9(2), there shall be inserted, at the beginning, the words " The whole, or such part as the regional water board may think fit, of ".

18 In Schedule 4, in section 26, after subsection (1), there shall be inserted the following subsection—

“(1A) Where, in the case of any house—

(i) the erection of which was begun on or after the 16th May 1968, or

(ii) to which a supply of piped water was given for the first time on or after that date, or

(iii) in which water fittings likely to lead, in the opinion of the board, to an increase in the consumption of water were installed after that date,

the undertakers consider that, in order to provide for an adequate supply of water throughout any twenty-four hour period, a cistern requires to be fitted, they shall serve a notice on the owner of the house requiring that the house shall be provided with a cistern capable of providing an adequate supply of water as aforesaid to that house, and that a ball-tap and stopcock shall be fitted on the pipe conveying water to it; and that notice shall include an intimation that any person aggrieved by the notice may, within 28 days of the service thereof, appeal against it to the Secretary of State ; and, where such an appeal is made, the Secretary of State shall give such directions in the matter as may seem to him proper; and, subject to any such directions, the next following subsection shall have effect in relation to this subsection:

Provided that the undertakers shall not exercise any power conferred on them by that subsection until the determination by the Secretary of State of any appeal under this subsection.”.