The Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011 and come into force on 25th March 2011.
(2)
In these Regulations—
“the 1968 Act” means the Sewerage (Scotland) Act 1968;
“the 1980 Act” means the Water (Scotland) Act 1980;
“charges scheme” means a charges scheme made under section 29A of the 2002 Act;
“price index” in relation to a month, means the general index of retail prices published by the Statistics Board for that month;
“public sewerage system” has the same meaning as in section 29 of the 2005 Act;
“public water supply system” has the same meaning as in section 28 of the 2005 Act;
“relevant financial year” means the financial year in which the connection to the public sewerage system or the public water supply system is requested;
“relevant percentage increase” means—
(a)
in respect of the financial year 2010–11, no increase;
(b)
in respect of the financial year 2011–12, the percentage increase between the price index for October 2009 and October 2010;
(c)
in respect of the financial year 2012–13, the percentage increase between the price index for October 2009 and October 2011;
(d)
in respect of the financial year 2013–14, the percentage increase between the price index for October 2009 and October 2012; and
(e)
in respect of the financial year 2014–15, the percentage increase between the price index for October 2009 and October 2013.
Determination of reasonable cost to the person seeking connection2.
(1)
For the purposes of section 1(2)(a) of the 1968 Act (duty of Scottish Water to take its public sewers to the point at which premises may be connected at reasonable cost), premises which are to be served by the public sewerage system may be connected to that system at a reasonable cost to the owners of those premises where the connection to the public sewerage system involves only the construction of a drain.
(2)
For the purposes of section 6(2) of the 1980 Act (so far as relating to the duty of Scottish Water to take its pipes to the point at which buildings may be connected at reasonable cost), buildings for which a supply of water is required for domestic purposes may be connected to the public water supply system at a reasonable cost to the person seeking the connection where the connection to the public water supply system involves only the construction of a service pipe.
Determination of reasonable cost to Scottish Water of providing connection3.
(1)
For the purposes of section 1(3) of the 1968 Act (so far as excepting things which are not practicable at reasonable cost from the duty under section 1(2)(a) of that Act) the reasonable cost to Scottish Water of a connection to the public sewerage system shall be determined—
(a)
in the case of a dwelling, in accordance with regulation 4(1);
(b)
in all other cases, in accordance with regulation 4(3).
(2)
For the purposes of section 6(2) of the 1980 Act (so far as excepting things which are not practicable at reasonable cost from the duty under that subsection) the reasonable cost to Scottish Water of a connection to the public water supply system shall be determined—
(a)
in the case of a dwelling, in accordance with regulation 5(1);
(b)
in all other cases, in accordance with regulation 5(3).
Reasonable cost of connections to the public sewerage system: the 1968 Act4.
(1)
Subject to paragraph (2), the reasonable cost to Scottish Water of a connection to the public sewerage system in respect of a dwelling shall be the lower of—
(a)
the cost calculated in accordance with regulation 6; or
(b)
the amount specified for the relevant financial year in the Table contained in Part 1 of Schedule 1, increased by the relevant percentage increase.
(2)
Where a connection to the public sewerage system will serve more than one dwelling, the reasonable cost specified in the Table contained in Part 1 of Schedule 1 shall be multiplied by the number of dwellings served by the connection.
(3)
The reasonable cost to Scottish Water of a connection to the public sewerage system in respect of premises other than dwellings shall be the lower of—
(a)
the cost calculated in accordance with regulation 6; or
(b)
the amount specified in the appropriate column of the Table for the relevant financial year in Part 1 of Schedule 2, increased by the relevant percentage increase.
Reasonable cost of connections to the public water supply system: the 1980 Act5.
(1)
Subject to paragraph (2), the reasonable cost to Scottish Water of a connection to the public water supply system in respect of a dwelling shall be the lower of—
(a)
the cost calculated in accordance with regulation 7; or
(b)
the amount specified for the relevant financial year in the Table contained in Part 2 of Schedule 1, increased by the relevant percentage increase.
(2)
Where a connection to the public water supply system will serve more than one dwelling, the reasonable cost specified in the Table contained in Part 2 of Schedule 1 shall be multiplied by the number of dwellings served by the connection.
(3)
The reasonable cost to Scottish Water of a connection to the public water supply system in respect of buildings other than dwellings shall be the lower of—
(a)
the cost calculated in accordance with regulation 7; or
(b)
the amount specified in the appropriate column of the Table for the relevant financial year in Part 2 of Schedule 2, increased by the relevant percentage increase.
Cost of connections to the public sewerage system: the 1968 Act6.
(1)
Subject to paragraphs (2) and (3), when calculating the cost of a connection to the public sewerage system, including a connection that serves more than one dwelling, account shall be taken only of the costs reasonably and necessarily incurred in making the connection, including—
(a)
the costs of the provision of such other infrastructure as Scottish Water considers reasonable and necessary in consequence of the connection; and
(b)
such other costs as Scottish Water considers reasonable and necessary in consequence of the connection.
(2)
To the extent that any costs that are reasonably and necessarily incurred in consequence of the connection relate to infrastructure which Scottish Water is required to provide by virtue of a direction made under section 56 of the 2002 Act (with reference to section 56A of that Act), account shall also be taken of the finance made available to Scottish Water in consequence of such a direction to provide that infrastructure.
(3)
No account shall be taken of any charge which is payable under a charges scheme in respect of the making of a connection to the public sewerage system.
Cost of connections to the public water supply system: the 1980 Act7.
(1)
Subject to paragraphs (2) and (3), when calculating the cost of a connection to the public water supply system, including a connection that serves more than one dwelling, account shall be taken only of the costs reasonably and necessarily incurred in making the connection, including—
(a)
the costs of the provision of such other infrastructure as Scottish Water considers reasonable and necessary in consequence of the connection; and
(b)
such other costs as Scottish Water considers reasonable and necessary in consequence of the connection.
(2)
To the extent that any costs that are reasonably and necessarily incurred in consequence of the connection relate to infrastructure which Scottish Water is required to provide by virtue of a direction made under section 56 of the 2002 Act (with reference to section 56A of that Act), account shall also be taken of the finance made available to Scottish Water in consequence of such a direction to provide that infrastructure.
(3)
No account shall be taken of any charge which is payable under a charges scheme in respect of the making of a connection to the public water supply system.
Revocation8.
St Andrew’s House,
Edinburgh
SCHEDULE 1DWELLINGS
PART 1
Table in respect of connection to public sewerage system
FINANCIAL YEAR | REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) |
|---|---|
2010/11 | £1,624 |
2011/12 | £1,615 |
2012/13 | £1,606 |
2013/14 | £1,597 |
2014/15 | £1,588 |
PART 2
Table in respect of connection to public water supply system
FINANCIAL YEAR | REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) |
|---|---|
2010/11 | £1,419 |
2011/12 | £1,389 |
2012/13 | £1,360 |
2013/14 | £1,331 |
2014/15 | £1,303 |
SCHEDULE 2NON-DWELLINGS
PART 1
Table for Financial Year 2010/11
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £320 | £451 | £645 | £771 |
21-50 | £1,125 | £1,576 | £2,250 | £2,701 |
51-100 | £2,409 | £3,374 | £4,819 | £5,784 |
101-150 | £4,014 | £5,618 | £8,028 | £9,638 |
151-200 | £5,618 | £7,868 | £11,242 | £13,492 |
201-250 | £7,228 | £10,117 | £14,451 | £17,345 |
251-300 | £8,833 | £12,367 | £17,665 | £21,199 |
301-400 | £11,242 | £15,735 | £22,484 | £26,977 |
401-500 | £14,451 | £20,234 | £28,907 | £34,685 |
501-750 | £20,075 | £28,102 | £40,143 | £48,177 |
751-1000 | £28,102 | £39,344 | £56,204 | £67,446 |
1001-1250 | £36,130 | £50,580 | £72,259 | £86,716 |
1251-1500 | £44,157 | £61,822 | £88,320 | £105,985 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2011/12
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £263 | £371 | £530 | £634 |
21-50 | £925 | £1,295 | £1,849 | £2,220 |
51-100 | £1,980 | £2,774 | £3,961 | £4,754 |
101-150 | £3,299 | £4,618 | £6,598 | £7,922 |
151-200 | £4,618 | £6,467 | £9,241 | £11,090 |
201-250 | £5,941 | £8,316 | £11,878 | £14,257 |
251-300 | £7,260 | £10,165 | £14,520 | £17,425 |
301-400 | £9,241 | £12,934 | £18,481 | £22,174 |
401-500 | £11,878 | £16,632 | £23,761 | £28,510 |
501-750 | £16,501 | £23,099 | £32,996 | £39,600 |
751-1000 | £23,099 | £32,339 | £46,198 | £55,438 |
1001-1250 | £29,697 | £41,575 | £59,395 | £71,277 |
1251-1500 | £36,296 | £50,816 | £72,596 | £87,116 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2012/13
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £225 | £317 | £453 | £541 |
21-50 | £790 | £1,106 | £1,580 | £1,896 |
51-100 | £1,692 | £2,369 | £3,384 | £4,061 |
101-150 | £2,818 | £3,945 | £5,637 | £6,767 |
151-200 | £3,945 | £5,524 | £7,894 | £9,473 |
201-250 | £5,075 | £7,104 | £10,147 | £12,179 |
251-300 | £6,202 | £8,683 | £12,404 | £14,885 |
301-400 | £7,894 | £11,049 | £15,787 | £18,943 |
401-500 | £10,147 | £14,208 | £20,298 | £24,355 |
501-750 | £14,096 | £19,732 | £28,187 | £33,828 |
751-1000 | £19,732 | £27,626 | £39,465 | £47,358 |
1001-1250 | £25,369 | £35,516 | £50,738 | £60,889 |
1251-1500 | £31,006 | £43,409 | £62,015 | £74,419 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2013/14
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £201 | £284 | £406 | £485 |
21-50 | £707 | £991 | £1,415 | £1,699 |
51-100 | £1,515 | £2,122 | £3,031 | £3,638 |
101-150 | £2,524 | £3,534 | £5,049 | £6,062 |
151-200 | £3,534 | £4,948 | £7,071 | £8,486 |
201-250 | £4,546 | £6,363 | £9,089 | £10,909 |
251-300 | £5,555 | £7,778 | £11,111 | £13,333 |
301-400 | £7,071 | £9,897 | £14,141 | £16,967 |
401-500 | £9,089 | £12,727 | £18,181 | £21,815 |
501-750 | £12,593 | £17,628 | £25,182 | £30,221 |
751-1000 | £17,675 | £24,746 | £35,350 | £42,420 |
1001-1250 | £22,724 | £31,813 | £45,448 | £54,540 |
1251-1500 | £27,773 | £38,883 | £55,549 | £66,660 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2014/15
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £179 | £252 | £361 | £431 |
21-50 | £629 | £881 | £1,258 | £1,510 |
51-100 | £1,347 | £1,886 | £2,694 | £3,233 |
101-150 | £2,244 | £3,141 | £4,488 | £5,388 |
151-200 | £3,141 | £4,399 | £6,285 | £7,543 |
201-250 | £4,041 | £5,656 | £8,079 | £9,697 |
251-300 | £4,938 | £6,914 | £9,876 | £11,852 |
301-400 | £6,285 | £8,797 | £12,570 | £15,082 |
401-500 | £8,079 | £11,312 | £16,161 | £19,391 |
501-750 | £11,223 | £15,711 | £22,443 | £26,934 |
751-1000 | £15,711 | £21,996 | £31,422 | £37,707 |
1001-1250 | £20,199 | £28,278 | £40,398 | £48,480 |
1251-1500 | £24,687 | £34,563 | £49,377 | £59,253 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
PART 2
Table for Financial Year 2010/11
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £230 | £325 | £464 | £555 |
21-50 | £810 | £1,134 | £1,619 | £1,944 |
51-100 | £1,734 | £2,429 | £3,469 | £4,163 |
101-150 | £2,889 | £4,044 | £5,779 | £6,938 |
151-200 | £4,044 | £5,664 | £8,093 | £9,712 |
201-250 | £5,203 | £7,283 | £10,402 | £12,486 |
251-300 | £6,358 | £8,902 | £12,716 | £15,260 |
301-400 | £8,093 | £11,327 | £16,185 | £19,420 |
401-500 | £10,402 | £14,566 | £20,809 | £24,968 |
501-750 | £14,451 | £20,229 | £28,897 | £34,680 |
751-1000 | £20,229 | £28,322 | £40,459 | £48,551 |
1001-1250 | £26,008 | £36,410 | £52,016 | £62,423 |
1251-1500 | £31,787 | £44,503 | £63,578 | £76,294 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2011/12
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £214 | £302 | £432 | £516 |
21-50 | £753 | £1,054 | £1,505 | £1,807 |
51-100 | £1,612 | £2,258 | £3,224 | £3,870 |
101-150 | £2,685 | £3,759 | £5,371 | £6,448 |
151-200 | £3,759 | £5,264 | £7,522 | £9,027 |
201-250 | £4,836 | £6,769 | £9,668 | £11,605 |
251-300 | £5,910 | £8,274 | £11,819 | £14,184 |
301-400 | £7,522 | £10,528 | £15,043 | £18,050 |
401-500 | £9,668 | £13,538 | £19,341 | £23,207 |
501-750 | £13,431 | £18,802 | £26,858 | £32,233 |
751-1000 | £18,802 | £26,324 | £37,604 | £45,126 |
1001-1250 | £24,173 | £33,841 | £48,346 | £58,018 |
1251-1500 | £29,544 | £41,363 | £59,092 | £70,911 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2012/13
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £199 | £280 | £401 | £479 |
21-50 | £699 | £980 | £1,399 | £1,679 |
51-100 | £1,498 | £2,098 | £2,996 | £3,596 |
101-150 | £2,496 | £3,493 | £4,991 | £5,992 |
151-200 | £3,493 | £4,892 | £6,990 | £8,389 |
201-250 | £4,494 | £6,291 | £8,985 | £10,785 |
251-300 | £5,492 | £7,689 | £10,984 | £13,181 |
301-400 | £6,990 | £9,784 | £13,980 | £16,774 |
401-500 | £8,985 | £12,581 | £17,974 | £21,566 |
501-750 | £12,482 | £17,473 | £24,960 | £29,955 |
751-1000 | £17,473 | £24,463 | £34,946 | £41,936 |
1001-1250 | £22,464 | £31,449 | £44,929 | £53,917 |
1251-1500 | £27,456 | £38,439 | £54,915 | £65,899 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2013/14
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £193 | £272 | £389 | £464 |
21-50 | £678 | £949 | £1,355 | £1,627 |
51-100 | £1,452 | £2,033 | £2,903 | £3,485 |
101-150 | £2,418 | £3,385 | £4,837 | £5,807 |
151-200 | £3,385 | £4,740 | £6,773 | £8,129 |
201-250 | £4,355 | £6,096 | £8,707 | £10,451 |
251-300 | £5,322 | £7,451 | £10,643 | £12,773 |
301-400 | £6,773 | £9,481 | £13,547 | £16,254 |
401-500 | £8,707 | £12,191 | £17,417 | £20,898 |
501-750 | £12,095 | £16,932 | £24,187 | £29,027 |
751-1000 | £16,932 | £23,705 | £33,863 | £40,637 |
1001-1250 | £21,768 | £30,475 | £43,537 | £52,247 |
1251-1500 | £26,605 | £37,248 | £53,213 | £63,857 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Table for Financial Year 2014/15
NUMBER OF EMPLOYEES (inclusive) ◊ | REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED | |||
|---|---|---|---|---|
Toilets | Toilets and Showers | Toilets and Canteen | Toilets and Showers and Canteen | |
0-20 | £187 | £264 | £377 | £451 |
21-50 | £658 | £922 | £1,316 | £1,580 |
51-100 | £1,409 | £1,974 | £2,819 | £3,383 |
101-150 | £2,348 | £3,287 | £4,696 | £5,638 |
151-200 | £3,287 | £4,603 | £6,576 | £7,892 |
201-250 | £4,228 | £5,918 | £8,454 | £10,147 |
251-300 | £5,167 | £7,234 | £10,334 | £12,401 |
301-400 | £6,576 | £9,205 | £13,153 | £15,782 |
401-500 | £8,454 | £11,837 | £16,910 | £20,291 |
501-750 | £11,743 | £16,439 | £23,484 | £28,183 |
751-1000 | £16,439 | £23,016 | £32,879 | £39,455 |
1001-1250 | £21,136 | £29,589 | £42,271 | £50,728 |
1251-1500 | £25,832 | £36,166 | £51,666 | £62,000 |
◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied. | ||||
Section 1 of the Sewerage (Scotland) Act 1968 and section 6 of the Water (Scotland) Act 1980 respectively require Scottish Water to extend the public sewerage and water supply systems to the point or points at which premises can be connected at reasonable cost. The duties to extend the public networks are however subject to the exception that Scottish Water is not required to do anything which is not practicable at reasonable cost. Any question as to what is a reasonable cost under section 1 of the 1968 Act or section 6 of the 1980 Act is to be determined in accordance with these Regulations.
Regulation 2 makes provision for determining what is a reasonable cost of connection to the owner of the premises, in the context of identifying the point or points to which Scottish Water is under a duty to extend the network.
Regulation 3 makes provision for the determination of the reasonable cost to Scottish Water of making a connection, in the context of determining what may or may not be practicable at reasonable cost.
Regulation 4 makes provision for determining the reasonable cost to Scottish Water of new connections to the public sewerage system. In respect of dwellings, the reasonable cost is the lower of either the cost calculated in accordance with regulation 6 or the figure specified for the relevant financial year in the Table in Part 1 of Schedule 1, increased by the relevant percentage increase. The relevant percentage increase reflects changes in the annual retail price index for the month of October.
In respect of premises other than dwellings, the reasonable cost is the lower of the cost calculated in accordance with regulation 6 or the figure specified in the appropriate column of the Table for the relevant financial year in Part 1 of Schedule 2, increased by the relevant percentage increase. The Tables identify the reasonable cost by reference to the water and sewerage facilities which will be available in the premises once it is connected to the public networks and by reference to the number of employees who will be using those facilities.
Regulation 5 makes provision for determining the reasonable cost to Scottish Water of new connections to the public water supply system. In respect of dwellings, the reasonable cost is the lower of either the cost calculated in accordance with regulation 7 or the figure specified for the relevant financial year in the Table in Part 2 of Schedule 1, increased by the relevant percentage increase.
In respect of premises other than dwellings, the reasonable cost is the lower of the cost calculated in accordance with regulation 7 or the figure specified in the appropriate column of the Table for the relevant financial year in Part 2 of Schedule 2, increased by the relevant percentage increase. As in Part 1 of Schedule 2, the Tables identify the reasonable cost by reference to the number of employees and the available water and sewerage facilities.
Regulations 6 and 7 specify the matters to be taken into, or left out of, account when calculating the respective costs of a connection to the public sewerage and water supply systems.
Regulation 8 revokes the Provision of Water and Sewerage (Reasonable Cost) (Scotland) Regulations 2006.