Water (Scotland) Act 1980

Changes over time for: Section 58

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Water (Scotland) Act 1980, Section 58 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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s. 24(1A) inserted by 2003 asp 3 sch. 4 para. 3(3)
s. 110A certain functions transferred by S.I. 1999/1750 art. 3 Sch. 2 (This amendment not applied to legislation.gov.uk. The insertion of s. 110A by 1995 c. 25, Sch. 21 para. 5 has not yet been brought into force)
s. 110A inserted by 1995 c. 25 Sch. 21 para. 5
s. 110A(7) words substituted by 1997 c. 11 Sch. 2 para. 30(2)(a) (This amendment not applied to legislation.gov.uk. The insertion of s. 110A by 1995 c. 25, Sch. 21 para. 5 has not yet been brought into force)
s. 110A(8) words substituted by 1997 c. 11 Sch. 2 para. 30(2)(b) (This amendment not applied to legislation.gov.uk. The insertion of s. 110A by 1995 c. 25, Sch. 21 para. 5 has not yet been brought into force)
Sch. 3 para. 4(3) (4) inserted by 2003 asp 3 sch. 4 para. 4(2)
Sch. 3 para. 6(1A) inserted by 2003 asp 3 sch. 4 para. 4(3)
Sch. 4 s. 34(3) inserted by 2003 asp 3 sch. 4 para. 5

58 Termination of right to supply of water on special terms.S

(1)Where by virtue of any enactment including any enactment in this Act) or of any agreement [F1Scottish Water is] under an obligation to which this section applies, [F2Scottish Water] and the person having the vested interest in the obligation may F3 . . . enter into an agreement to terminate the obligation on such terms and conditions as to compensation or otherwise as they may agree; and any such agreement shall be enforceable against any person deriving title from the person who entered into the agreement.

(2)The Secretary of State may, on the application of [F4Scottish Water] and after affording to the person having the vested interest in the obligation an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, by order provide for the termination compulsorily of an obligation to which this section applies on payment of compensation, the amount of which shall, in default of agreement, be determined in manner provided by the Lands Clauses Acts with references to the taking of lands otherwise than by agreement, and the order may contain such incidental, consequential and supplementary provisions, including provisions for the amendment and repeal of any local enactment, as the Secretary of State thinks necessary or expedient.

(3)The amount of the compensation to be paid under subsection (2) shall be assesed by reference to the value of the rights secured under the obligation as at the date of the making of the order, and in assessing that value regard shall be had to [F5the amount of any charge] [F6for a supply of water] which may reasonably be expected to become payable as a result of the termination of the obligation.

(4)This section applies to any obligation on the part of [F7Scottish Water] providing to any person other than a [F8local authority]. . . a supply of water (whether for domestic purposes or for purposes other than domestic purposes) to provide that supply free of charge or on terms more favourable to the person having the vested interest in the obligation than those which apart from the obligation would be applicable.

(5)[F9Scottish Water] shall [F10— ]

[F10(a)register in the Land Register of Scotland any agreement entered into, or order made, under the foregoing provisions of this section terminating an obligation to which this section applies if the obligation was itself registered in the Land Register, or]

[F10(b)record in the Register of Sasines any such agreement or order if the obligation was itself recorded in the Register of Sasines. ]

(6)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An obligation to furnish a supply of water or to grant a wayleave for pipes or to give any other benefit or advantage to [F12Scottish Water] entered into in consideration of an obligation to which this section applies shall not be deemed to be terminated by reason only of the termination under this section of the last mentioned obligation.

F13(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 58(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 39(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2Words in s. 58(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 39(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 2 para. 40, Sch. 4

F4Words in s. 58(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 39(3) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25, Sch. 5 Pt. IV para. 46

F6Words in s. 58(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(31)(a); S.I. 1996/323, art. 4(1)(c)

F7Words in s. 58(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 39(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8Words in s. 58(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(31)(b); S.I. 1996/323, art. 4(1)(c)

F9Words in s. 58(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 39(5) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10Words in s. 58(5) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 21(2) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2