- Latest available (Revised)
- Original (As made)
The Water and Sewerage Services Undertaking (Borrowing) (Scotland) Order 2020
You are here:
- Scottish Statutory Instruments
- 2020 No. 341
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
2020 No. 341
Water Industry
The Water and Sewerage Services Undertaking (Borrowing) (Scotland) Order 2020
Made
29th October 2020
Laid before the Scottish Parliament
30th October 2020
Coming into force
1st January 2021
The Scottish Ministers make the following Order in exercise of the powers conferred by section 14(2) of the Water Services etc. (Scotland) Act 2005(1) and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Water and Sewerage Services Undertaking (Borrowing) (Scotland) Order 2020 and comes into force on 1 January 2021.
Interpretation
2. In this Order—
(a)“the Act” means the Water Services etc. (Scotland) Act 2005,
(b)“the undertaking” means the water and sewerage services undertaking established for the purposes of section 13 of the Act(2), and
(c)“subsidiary” has the meaning given by section 1159 of the Companies Act 2006(3).
Borrowing by the undertaking from persons other than the Scottish Ministers
3. The circumstances specified for the purposes of section 14(2)(b) of the Act (the circumstances in which the undertaking may borrow money from any other person) are—
(a)where sums are borrowed for the purpose of enabling the undertaking to perform activities authorised by a water services or sewerage services licence granted to it under section 6(1) or (3) of the Act(4), or activities it engages in by virtue of section 13(7) of the Act, and
(b)the lender is Scottish Water or a subsidiary of Scottish Water.
R CUNNINGHAM
A member of the Scottish Government
St Andrew’s House,
Edinburgh
29th October 2020
EXPLANATORY NOTE
(This note is not part of the Order)
This Order specifies the circumstances in which the water and sewerage undertaking (“the undertaking”) established by Scottish Water under section 13 of the Water Services etc. (Scotland) Act 2005 (“the Act”) may borrow money from persons other than the Scottish Ministers, pursuant to section 14(2)(b) of the Act. The undertaking is permitted to borrow in the circumstances specified in Article 3.
This Order supplements the Water and Sewerage Services Undertaking (Lending by the Scottish Ministers) Order 2008 (S.S.I. 2008/44), which specifies the circumstances in which the undertaking may borrow from the Scottish Ministers.
(1)
2005 asp 3. Section 14(2) was amended by section 28(2) of the Water Resources (Scotland) Act 2013 (asp 5).
(2)
Section 13(3) was amended by S.I. 2009/1941.
(3)
(4)
Section 6(1) and (3) was amended by section 7(3) of the Water Act 2014 (c.21).
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.