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Water (Scotland) Act 1980
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- 1980 c. 45
- Part VI
- Section 73
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Water (Scotland) Act 1980, Section 73 is up to date with all changes known to be in force on or before 06 May 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- 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
73 Power of Secretary of State to require the making of byelaws.S
(1)The Secretary of State may by notice require [F1Scottish Water]F2 to make byelaws under section 70 or 71 in relation to such matters as he may specify, and, in the case of byelaws made under section 71, he shall specify the area for which the byelaws are to be made, and if [F3Scottish Water does] not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.
(2)If, after they have been in operation for a period of not less than three years, the Secretary of State considers unsatisfactory any byelaws made by [F4Scottish Water]F2 under section 70 or 71 or any byelaws or regulations made by [F4Scottish Water]F2 under any other enactment conferring power to make byelaws or regulations for purposes similar to the purposes for which byelaws may be made under either of the said sections, he may by notice require [F5Scottish Water]F2 to revoke those byelaws or regulations and to make such new byelaws under section 70 or 71 as he considers necessary; and if [F6Scottish Water does] not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws or regulations and make such new byelaws under section 70 or 71 as he considers necessary.
(3)Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by [F7Scottish Water] and confirmed by the Secretary of State.
Textual Amendments
F1Words in s. 73(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 73(1)-(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F3Words in s. 73(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F4Words in s. 73(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5Words in s. 73(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F6Words in s. 73(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F7Words in s. 73(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
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