(1)Subject to subsection (5) of this section [F1Scottish Water]F1 may, if it appears to [F2it]F2 reasonable to do so—
(a)permit the use by members of the public, for the purposes of any form of recreation, of any waterway or land in which [F3Scottish Water has]F3 an interest;
(b)provide, or otherwise make available, facilities for use by person resorting to any such waterway or land for the purposes of any such form of recreation.
(2)The powers of [F4Scottish Water]F4 under subsection (1) above shall, in the case of a waterway or land in which [F5Scottish Water has]F5 an interest but which [F6it does]F6 not own, be exercisable only with the consent of the owners thereof:
Provided that where those powers are to be exercised in relation to a particular part of a waterway the consent of the owners of that part only need be obtained if [F7Scottish Water is]F7 satisfied that the exercise of those powers will not prejudice the rights or interests of other owners.
(3)The provisions of this section shall not authorise any authority, body or person to do or permit anything in relation to a waterway or land in which any other person has an interest if apart from this section the doing or permitting thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing or permitting thereof.
(4)[F8Scottish Water]F8 may make such reasonable charges as [F9it]F9 may determine in respect of the use for the purposes of recreation of any such waterway or land as is described in subsection (1) above, and of any facilities made available by [F10Scottish Water]F10 under that subsection.
(5)[F11Scottish Water]F11 may let to any person, for such consideration and on such terms and conditions as [F12it thinks]F12 fit, any works constructed by [F13it]F13 for the purpose of providing facilities under subsection (1) above, and may authorise that person to make such reasonable charges as [F14it]F14 may determine in respect of the use thereof as mentioned in that subsection.
(6)[F15Scottish Water]F15 may receive contributions from any authority, body or person in respect of the cost of the provision of the facilities mentioned in subsection (1) above, and those facilities may be provided by [F15Scottish Water]F15 jointly with any other authority, body or person.
(7)[F16Scottish Water]F16 may make byelaws prohibiting such a waterway or land as is described in subsection (1) above and as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes, or regulating the way in which any such waterway or land so specified may be used for any of those purposes, and when making byelaws under this subsection [F17Scottish Water]F17 shall have regard to the need to protect water from pollution and to the need to avoid conflict which might arise from the use of the water or land for various recreational purposes.
(8)Byelaws made in respect of any waterway by virtue of subsection (7) above may include provision prohibiting the use thereof by boats which are not for the time being registered with [F18Scottish Water]F18 in such manner as the byelaws may provide; and the byelaws may authorise [F19Scottish Water]F19 to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.
(9)[F20Scottish Water]F20 may take such action as [F21it considers]F21 necessary to remedy the effect of any contravention of, or failure to comply with, byelaws made under subsection (7) above, and may recover the expenses reasonably incurred by [F22it]F22 in doing so from the person in default.
(10)Sections [F2371(6)] and [F2372] of the Water (Scotland) Act [F231980] shall have effect in relation to byelaws made under subsection (7) above as they have effect in relation to byelaws made under the said section [F2371].
(11)For the purposes of this section [F24Scottish Water]F24 shall be deemed to have an interest in a waterway or land if [F25it has]F25 power to make byelaws under the said Act of [F231980] in relation to the waterway or land, F26. . ..
Textual Amendments
F1Words in s. 63(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F2Word in s. 63(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F3Words in s. 63(1)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F4Words in s. 63(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F5Words in s. 63(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F6Words in s. 63(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F7Words in s. 63(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F8Words in s. 63(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(c)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F9Word in s. 63(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F10Words in s. 63(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F11Words in s. 63(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(d)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F12Words in s. 63(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(d)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F13Word in s. 63(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(d)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F14Words in s. 63(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(d)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F15Words in s. 63(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(e) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F16Words in s. 63(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(f)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F17Words in s. 63(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(f)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F18Words in s. 63(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(g)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F19Words in s. 63(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(g)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F20Words in s. 63(9) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(h)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F21Words in s. 63(9) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(h)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F22Word in s. 63(9) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(h)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F23Words substituted by Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 10 Pt. II
F24Words in s. 63(11) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(i)(i) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F25Words in s. 63(11) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 5(3)(i)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3) (with savings in art. 3)
F26Words in s. 63(11) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13, para. 72(7)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2