Part III Powers of Water Authorities for the purposes of Water Supply
35 Power to supply water fittings.
(1)
F1Scottish Water may, on the request of any person to whom F2it supplies or proposes to supply water, supply to him F3 any such water fittings as are required or allowed by F4its byelaws and may, on such request, install, repair or alter (but not manufacture) any such water fittings, whether supplied by F5it or not, and may provide any materials and do any work required in connection with installation, repair or alteration of water fittings.
F6Scottish Water may make such charges as may be agreed, or in default of agreement as may be reasonable, for any fittings supplied, or any materials provided or work done under this subsection, and may recover such charges.
(2)
If any fittings F7supplied otherwise than by sale by F8Scottish Water bear either a distinguishing plate affixed thereto, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating F8Scottish Water as the actual owners of the fittings, those fittings—
(a)
shall, notwithstanding that they fixed to some part of the premises in which they are situated or that they be laid in the soil thereunder, continue to be the property of, and removable by, F9Scottish Water ; and
(b)
shall not be subject to F10any diligence or to the landlord’s hypothec for rent, or be liable to be taken under any process of law or in any proceedings in bankruptcy against the persons in whose possesion they may be.
(3)
Nothing in subsection (2) shall affect the valuation for rating of any lands and heritages.
F11(4)
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F12(5)
If any person—
(a)
so interferes with a meter used by F13Scottish Water in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to those premises; or
(b)
carries out, without the consent of F14Scottish Water , any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter; or
(c)
otherwise wilfully or negligently injures or suffers to be injured any water fitting belonging to F13Scottish Water ,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.