Water Industry (Scotland) Act 2002

2002 asp 3

An Act of the Scottish Parliament to make further provision in relation to the Water Industry Commissioner for Scotland and to provide for the establishment of Water Customer Consultation Panels; to make further provision in relation to the regulation of the quality of drinking water; to make provision for the establishment of Scottish Water, the transfer to Scottish Water of the functions of the water and sewerage authorities established by section 62(1) of the Local Government etc. (Scotland) Act 1994 and the dissolution of those authorities and in relation to the functions of Scottish Water; to make further amendments of the law relating to water and sewerage; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th February 2002 and received Royal Assent on 1st March 2002

Part 1 Water Industry Commissioner and Customer Panels

1F8Water Industry Commission for Scotland

1

There is established a body to be known as the Water Industry Commission for Scotland (referred to in this Act as “the Commission”).

2

The Commission has the general function of promoting the interests of persons (taken as a whole) whose premises—

a

are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both, or

b

might reasonably become connected to either or both of those systems,

relating to the provision to them of water and sewerage services.

3

The Scottish Ministers may, after consulting the Commission, give the Commission directions of a general or specific character as to the financial management or administration of the Commission; and the Commission must comply with any such directions.

4

Schedule A1 makes further provision about the Commission.

the Scottish Ministers,

ii

the Drinking Water Quality Regulator for Scotland, and

iii

the Scottish Environment Protection Agency,

in connection with such of their functions as are exercisable in relation to such provision, and

d

a

the standard of service provided by Scottish Water to F11persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both , or

b

the manner in which F12Scottish Water conducts its relations with those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems ,

in the exercise of its core functions.

7

The F10Commission has power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise of the F10Commission's functions.

4 Power of the Commissioner to require information

1

Scottish Water must, on being requested to do so by the F14Commission, provide the F14Commission with such information held by it as the F14Commission may reasonably seek in the exercise of the F14Commission's functions.

F132

Subsection (1) does not authorise the Commission to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

3

Where Scottish Water considers that it is entitled to withhold information from the Commission—

a

because it is not reasonably sought, or

b

by virtue of subsection (2),

it must intimate that fact to the Commission in writing.

5 Annual reports by, and information from, the Commissioner

1

The F16Commission must—

a

as soon as practicable after the end of each financial year, submit to the Scottish Ministers, and publish, a report on the exercise of the F16Commission's functions during that year, and

b

provide the Scottish Ministers with such information regarding the exercise of those functions as they may require.

2

A report under subsection (1)(a) must include a summary of—

a

action taken by the F16Commission during the year to which the report relates in response F45to—

i

any representations made to it by a Customer Panel, and

ii

any recommendations made to it under section 2(4), and

b

where the F16Commission has decided during that year not to take any action in response to any such representation F46... or recommendation, the reasons for that decision.

3

A report under subsection (1)(a) must set out any directions under section 1 which have been given to the F16Commission during the period to which the report relates.

F154

The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).

6 Funding of the F17Commission

1

The Scottish Ministers may make grants to the F17Commission in respect of the F17Commission's expenses.

2

Scottish Water must make to the F17Commission, in respect of the F17Commission's expenses, payments of such amounts, and at such times, as the Scottish Ministers may direct.

Where the Convener decides not to investigate such a complaint, the Convener must send to the Panel or (as the case may be) the Commission a statement of the reasons for not investigating the complaint.

7

Scottish Water must, on being requested to do so by the Convener, provide the Convener with such information held by it as the Convener may reasonably seek in the exercise of the Convener's functions relating to complaints under subsection (1).

8

Where Scottish Water and the Convener cannot agree as to whether information is sought reasonably, either of them may refer the matter to the Scottish Ministers, whose decision is final.

6BAnnual reports and information regarding Customer Panels

1

The Convener must—

a

as soon as practicable after the end of each financial year, submit to the Scottish Ministers, and publish, a report on the exercise of—

i

the Customer Panels' functions during that year, and

ii

the Convener's functions under section 6A, and

b

provide the Scottish Ministers with such information regarding the exercise of those functions as they may require.

2

The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).

6CCo-operation between the Commission and Customer Panels

1

The Commission and the Convener (as appropriate, representing the Customer Panels as a whole) must together make arrangements with a view to securing—

a

co-operation and the exchange of information—

i

between the Commission and Customer Panels,

ii

between the Commission and the Convener, and

b

the consistent treatment of matters which affect—

i

both the Commission and Customer Panels,

ii

both the Commission and the Convener.

2

The Commission and the Convener—

a

must set out the arrangements in a memorandum,

b

must keep the arrangements under review, and

c

may from time to time revise the arrangements.

3

A copy of the memorandum, and of any revised memorandum, must be sent jointly by the Commission and the Convener to the Scottish Ministers.

Part 2 Drinking Water Quality Regulator

Appointment

7 Drinking Water Quality Regulator for Scotland

1

The Scottish Ministers may appoint a person to be known as the Drinking Water Quality Regulator for Scotland (in this Part referred to as the “Regulator”) to exercise the functions conferred on the Regulator by this Part.

2

The Regulator is to have the general functions of—

a

seeking to ensure that the drinking water quality duties imposed on a public water supplier are complied with, and

b

supervising the enforcement by local authorities of the drinking water quality duties which it is their responsibility to enforce.

3

Any person authorised by the Regulator for the purpose (an “authorised person”) may exercise, on behalf of the Regulator, any function of the Regulator.

4

In relation to the exercise by an authorised person of a function of the Regulator which that person is authorised to exercise, references in this Part to the Regulator are, so far as necessary, to be construed as, or as including, references to the authorised person.

5

An authorisation given for the purposes of subsection (3) does not prevent the Regulator from exercising any function to which the authorisation relates.

6

The Scottish Ministers may, after consulting the Regulator, give the Regulator directions of a general or specific character as to the exercise of the Regulator’s functions; and the Regulator must comply with any such direction.

7

In this Part—

“drinking water quality duty” means a duty in relation to the quality of water imposed on a water supplier by, under or by virtue of—
1. a
  Part VIA of the 1980 Act,
2. b
  this Act, or
3. c
  such other enactment relating to the quality of water supplied by a water supplier as the Scottish Ministers may by order specify,
“public water supplier” means Scottish Water.

Public water suppliers: general powers of Regulator

8 Power to obtain information

1

The Regulator may serve on a person a notice requiring the person—

a

to provide the Regulator, or a person authorised by the Regulator, at a time and place and in the form and manner specified in the notice, with such information relating to the quality of water supplied by a public water supplier as may be specified or described in the notice, or

b

to produce to the Regulator, or to a person authorised by the Regulator, at a time and a place specified in the notice, any documents relating to that matter which are specified or described in the notice and are in that person’s custody or under that person’s control.

2

A notice under subsection (1) may be served on—

a

the public water supplier,

b

an officer or employee of the public water supplier,

c

any other person whom the Regulator has reason to believe is or may be in possession of relevant information or documents.

3

Nothing in this section authorises the Regulator to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

4

References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

5

i

any premises of the water supplier,

ii

any premises to which a supply of water is provided by the water supplier,

iii

any premises of any other person,

for the purpose of exercising any of the powers specified in paragraphs (b) to (d),

b

power to carry out such inspections, measurements and tests on those premises or of substances, articles or documents found there as the Regulator thinks necessary,

c

for the purpose of carrying out such inspections, measurements and tests as the Regulator thinks necessary, power to take away from those premises substances, articles or documents found there,

d

power to take away from those premises such samples of water, land, substances or articles as the Regulator thinks necessary.

on conviction on indictment, to a fine.

Enforcement of duties of public water suppliers

10 Enforcement notices

1

Where the Regulator reasonably believes (whether or not following the exercise of the Regulator’s powers under section 9)—

a

that a public water supplier has contravened any drinking water quality duty and the contravention is likely to recur, or

b

that a public water supplier is contravening any drinking water quality duty and the contravention is likely to continue or to recur or both,

and (in either case) that the water supplier is not taking appropriate steps for the purpose of rectifying the contravention or (as the case may be) preventing its recurrence, the Regulator may serve on the water supplier an enforcement notice.

2

In considering whether to serve an enforcement notice the Regulator may consult—

a

the local authority for any area affected by the contravention, and

b

the Health Board for any such area.

3

An enforcement notice must specify—

a

the contravention to which it relates,

b

the Regulator’s reasons for believing (as the case may be) that the contravention—

i

has occurred and is likely to recur, or

ii

is occurring and is likely to continue or to recur or both,

c

the date by which the water supplier is required to rectify the contravention or (as the case may be) take steps to prevent its recurrence,

d

any particular steps which the Regulator requires the water supplier to take for that purpose, and

e

the date on which the notice is to take effect.

4

An enforcement notice may specify different dates by which different steps specified under subsection (3)(d) must be completed.

5

The date referred to in subsection (3)(e) must be no earlier than the day following the last day on which an appeal may be brought under section 11(2).

6

Before serving an enforcement notice on a public water supplier under subsection (1), the Regulator must serve a copy of the proposed notice on the water supplier and specify a period, which must expire no less than 7 days and no more than 28 days from the date of service of the notice, within which the water supplier may make representations to the Regulator about the proposed notice.

7

The Regulator must take into account any representations in relation to the proposed enforcement notice duly made by the water supplier and may adjust the notice in light of those representations.

11 Enforcement notices: further provisions

1

The Regulator must—

a

send a copy of an enforcement notice to the F18Commission and to any local authority or Health Board consulted by the Regulator under section 10(2), and

b

arrange for the notice to be published in such manner as the Regulator thinks appropriate for bringing it to the attention of persons affected, or who may be affected, by the contravention.

2

A public water supplier on whom an enforcement notice has been served may, by summary application made within 14 days of the date of service, appeal to the sheriff against the notice.

3

Where an appeal is brought under subsection (2) the enforcement notice is of no effect until the appeal is withdrawn or finally determined.

4

On an appeal under subsection (2) the sheriff may make such order as the sheriff thinks fit.

5

The decision of the sheriff on such an appeal is final.

6

3

The expenses which may be recovered under subsection (2)(b) include such proportion of the Regulator’s administrative expenses (including expenses incurred in establishing the contravention and in connection with the enforcement notice) as the Regulator considers appropriate.

4

A person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (2)(a) is guilty of an offence.

5

If, at any time after a date referred to in subsection (1), anything which the enforcement notice requires the water supplier to do by that date has not been done, the water supplier is guilty of an offence.

6

A person guilty of an offence under subsection (4) or (5) is liable—

enter any premises and carry out such work as the Regulator considers necessary for the purpose mentioned in that subsection, and

b

recover from the water supplier any expenses which the Regulator reasonably incurs in carrying out, or securing the carrying out, of that work.

4

The expenses which may be recovered under subsection (3)(b) include such proportion of the Regulator’s administrative expenses (including expenses incurred in establishing the contravention and in connection with the emergency notice) as the Regulator considers appropriate.

5

A person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (3)(a) is guilty of an offence.

6

If, at any time after the date specified in the emergency notice (or such later date as the Regulator may have substituted under section 14(1)(b)), anything which the notice requires the water supplier to do has not been done, the water supplier is guilty of an offence.

7

A person guilty of an offence under subsection (5) or (6) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum,

b

on conviction on indictment, to a fine.

8

An offence under subsection (6) may be charged by reference to any day or longer period of time and a public water supplier may be convicted of a second or subsequent offence under that subsection by reference to any period of time following conviction for such an offence.

14 Variation and withdrawal of notices

1

The Regulator may—

a

withdraw an enforcement notice or an emergency notice,

b

waive or relax any requirement of an enforcement notice or an emergency notice, including substituting a later date for a date specified under section 10(3)(c) or (4) or, as the case may be, section 13(2).

2

The powers in subsection (1) may be exercised whether or not the notice has taken effect.

3

The withdrawal of an enforcement notice or an emergency notice does not affect the Regulator’s power to issue a further such notice.

in relation to an emergency notice, the date specified under section 13(2),

and, in either case, includes any date substituted for that date under section 14(1)(b).

5

The register must be made available for inspection by any person at any reasonable time.

Supervision of local authority enforcement

16 Power to require information from local authorities

1

A local authority must, on being requested to do so by the Regulator, provide the Regulator with such information held by it as the Regulator may reasonably seek in relation to the enforcement by the local authority of the drinking water quality duties which it is the authority’s responsibility to enforce.

2

Where a local authority and the Regulator cannot agree whether information is being sought reasonably, either of them may refer the matter to the Scottish Ministers, whose decision is final.

Supplementary

17 Annual reports

The Regulator must, as soon as practicable after the end of each calendar year, submit to the Scottish Ministers, and publish, a report on the exercise of the Regulator’s functions during that year.

18 Powers of entry etc.: further provision

1

Schedule 2 makes further provision about the exercise of powers of entry etc. conferred by sections 9(1), 12(2)(a) and 13(3)(a).

2

References in this Part to a power conferred by any of those provisions include references to such a power exercisable by virtue of a warrant under that schedule.

19 Interpretation of Part 2

In this Part—

“drinking water quality duty” has the meaning given by section 7(7),
“emergency notice” means a notice under section 13(2),
“enforcement notice” means a notice under section 10(1),
“public water supplier” has the meaning given by section 7(7),
“Regulator” means the Drinking Water Quality Regulator for Scotland.

b

in connection with the provision contract, a person (the “financier”) makes a loan to, or provides any other form of finance for, a party to the provision contract other than Scottish Water,

4

A customer standards code submitted to the F32Commission under subsection (1) or (3) comes into force only when it is approved in accordance with section 27.

5

Scottish Water must endeavour to comply with its approved customer standards code; but contravention of that code does not of itself give rise to any criminal or civil liability.

6

Scottish Water must publish the approved customer standards code and provide a copy of the code to any person who requests it.

7

The F33Commission —

a

must monitor the compliance by Scottish Water with its approved customer standards code,

b

may advise the Scottish Ministers on such compliance, and

c

may require Scottish Water to review its customer standards code, or any provision of it, in such respects as the F33Commission may specify.

27 Approval of customer standards code

1

The F19Commission may, after consulting each Water Customer Consultation Panel, approve a customer standards code submitted under section 26(1) or (3)—

a

without modifications, or

with such modifications as, after consulting Scottish Water and the F19Commission , they think fit.

5

Where the F19Commission approves a customer standards code under subsection (1), the F19Commission must send a copy of the code as so approved to the Scottish Ministers.

6

Where the Scottish Ministers approve a customer standards code under subsection (4), they must send a copy of the code as so approved to the F19Commission .

28 Consultation code

1

Scottish Water must prepare and submit to the Scottish Ministers a code of practice (a “consultation code”) making provision as to the consultation which it will carry out in relation to—

a

proposals for, and

b

the undertaking of,

any significant activity in the exercise of its core functions.

2

The consultation code must, in particular, make provision—

a

as to consultation with persons who live, work or carry on business in any area significantly affected by such an activity, or who represent the interests of such persons,

b

as to the manner of such consultation, the information to be provided to consultees and the time to be allowed for consultees to express views,

c

b

revoke or replace,

the consultation code; and this section applies to the varied or new code as it does to the original code.

Charges

29F38Charges for goods and services

1

Scottish Water may—

a

demand and recover charges for any services provided by it in the exercise of its core functions, and

b

fix, demand and recover charges for any goods supplied or services provided in exercise of its other functions.

2

Scottish Water is to exercise the power conferred by subsection (1)(a) in accordance with—

a

a charges scheme, or

b

a departure from a charges scheme for which consent has been given under section 29E.

3

The power conferred by subsection (1)(b) is exercisable by or in accordance with an agreement with the person to be charged.

4

Subsections (1) to (3) are subject to sections 9A and 47 of the 1980 Act (which provide for no charge for water in certain circumstances).

29ACharges schemes

1

Scottish Water must make a scheme (referred to in this Act as a “charges scheme”) which fixes the charges to be paid for services provided by Scottish Water in the exercise of its core functions.

2

A charges scheme must be made by reference to a determination made under section 29B.

3

In particular, the scheme must not fix in any case a charge exceeding any maximum charge applying to the case by virtue of the determination.

4

A charges scheme may make provision with respect to the times and methods of payment of the charges fixed by the scheme.

5

The Scottish Ministers and the Commission must provide Scottish Water with such information as it reasonably requires for the purposes of making a charges scheme.

6

Scottish Water must send a charges scheme to the Commission for approval by such date as the Scottish Ministers may direct.

7

The Commission may approve a charges scheme with or without modifications.

8

If the Commission approves a charges scheme with modifications, it must give its reasons for doing so.

9

When a charges scheme is approved by the Commission, Scottish Water must—

a

make arrangements for allowing any person to—

i

inspect the scheme at any reasonable time,

ii

obtain a copy of the scheme or part of it on payment of such reasonable fee (if any) as Scottish Water may determine, and

b

publicise those arrangements and publish a summary of the scheme.

10

Following approval of a charges scheme by the Commission, the scheme comes into effect on such date as is specified in the scheme.

29BDetermination of maximum charges

1

The Commission must—

a

determine in writing maximum amounts of charges by reference to which a charges scheme is to be made, and

b

send the determination to Scottish Water by such time as the Scottish Ministers may specify.

2

Maximum amounts determined under subsection (1)(a) apply in relation to such period as the Scottish Ministers may specify.

3

A determination made under subsection (1)(a) may make different provision for different cases or categories of case.

4

Before making a determination under subsection (1)(a), the Commission—

a

must send a draft determination to—

i

the Scottish Ministers,

ii

Scottish Water, and

its income from charges for services provided in the exercise of its core functions, and

b

the amount of—

i

any grants paid to it under subsection (1) of section 42,

ii

money it may borrow under subsection (3) of that section, and

iii

any other resources reasonably available to it,

for the purposes of the exercise of those functions,

is not less than sufficient to meet the expenditure required for the effective exercise of those functions.

29DStatements regarding charges

1

The Scottish Ministers must—

a

in respect of a period specified under section 29B(2), and

b

by reference to such economic or other factors as they consider relevant,

issue to Scottish Water and the Commission a statement of policy regarding charges under a charges scheme.

2

A statement under subsection (1) is to include provision with respect to harmonisation of charges (that is to say, provision with a view to ensuring that a charges scheme does not fix different charges for similar services provided to persons of a similar category).

3

A statement under subsection (1) may (so far as is consistent with the provision described in subsection (2)) include provision with respect to—

a

the funding of particular services by charges for services as a whole,

b

the proportion of the amount of income requiring to be raised by charges fixed by a charges scheme to be contributed by each category of person to whom Scottish Water provides services,

c

the fixing of levels of charges by reference to—

i

different categories of person to whom Scottish Water provides services, or

ii

liability for council tax under Part II (Council tax: Scotland) of the Local Government Finance Act 1992 (c. 14), and

d

such other matters as the Scottish Ministers think fit.

4

In preparing a statement under subsection (1), the Scottish Ministers must have regard to Scottish Water's duty under section 51(1).

5

Before issuing a statement under subsection (1), the Scottish Ministers must consult—

a

the Commission,

b

the Convener of the Water Customer Consultation Panels (representing the Panels as a whole), and

c

Scottish Water.

1

F34A charges scheme must also fix maximum charges which a person other than Scottish Water may recover from another such person in respect of the supply of water to, the provision of sewerage to, or the disposal of sewage for that other person with the help of services provided by Scottish Water.

2

For the purposes of this section, water is supplied to, sewerage provided to, or sewage disposed of for a person with the help of services provided by Scottish Water if—

a

a facility for that person to have access to a supply of water provided by Scottish Water in pipes, or to make use of sewerage which is, or facilities for the disposal of sewage which are, provided by Scottish Water is made available to that person otherwise than by Scottish Water,

b

that person is provided with a supply of water in pipes by a person to whom the water is supplied, directly or indirectly, by Scottish Water, or

c

that person is provided with sewerage, or with facilities for the disposal of sewage, by a person who, for the purposes of providing the sewerage or facilities, makes use of sewerage or of such facilities provided, directly or indirectly, by Scottish Water.

3

F35In relation to maximum charges fixed by virtue of subsection (1), the charges scheme may make different provision in relation to different persons, circumstances or localities and may fix a maximum charge either by specifying the maximum amount of the charge or by specifying a method of calculating that amount.

4

Where a person pays a charge in respect of anything to which F36, by virtue of subsection (1), a charges scheme relates and the amount paid exceeds the maximum charge fixed by the F37scheme , the amount of the excess is recoverable by that person from the person to whom the charge was paid.

F3931 Charges schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3932 Approval of charges schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3933 Commissioner’s advice on charges

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3934 Publication of summary of charges scheme

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 Liability of occupiers etc. for charges

1

Supplies of water provided by Scottish Water to any premises and the provision and maintenance by Scottish Water of communication pipes and supply pipes for the purposes of such supplies are to be treated for the purposes of this Act as services provided to the occupier for the time being of those premises.

2

The provision of sewerage, and the disposal of sewage, provided by Scottish Water are to be treated for the purposes of this Act as provision to, or as disposal for, the occupier for the time being of any premises which—

a

are drained by a sewer or drain connecting, either directly or through an intermediate sewer or drain, with a public sewer provided for foul water or surface water or both, or

b

are premises the occupier of which has, in respect of the premises, the benefit of facilities which drain to a sewer or drain so connecting.

3

Subject to subsection (5), in relation to any period during which premises referred to in subsection (1) or (2) are unoccupied, references to the occupier in the subsection in question are to be construed as references to the owner of the premises.

4

Subsections (1) to (3) do not apply so far as provision to the contrary is made by any agreement to which Scottish Water is a party.

5

Charges which, under section 29, are fixed in relation to any premises by reference to volume may be imposed so that a person remains liable, in relation to those premises, to pay charges for—

a

a supply of water, and

b

provision of sewerage or disposal of sewage,

provided by Scottish Water after the person has ceased to be occupier of the premises.

6

A person is liable by virtue of subsection (5) for any charges fixed in relation to any premises by Scottish Water only where that person fails to inform Scottish Water of the ending of that person’s occupation of the premises at least 48 hours before that person ceases to occupy them.

7

The charges for which a person may be liable by virtue of subsection (5) are charges in respect of a period ending no later than whichever of the following first occurs after the person ceases to occupy the premises—

a

where the person informs Scottish Water of the ending of that person’s occupation, the 28th day after informing Scottish Water,

b

any day on which any meter would normally have been read in order for the amount of the charges to be determined,

c

any day on which any other person informs the authority that that other person has become the new occupier of the premises.

8

In calculating the period of 48 hours referred to in subsection (6) any time falling on—

a

a Saturday or Sunday,

b

Christmas Day or Good Friday, or

c

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c.80),

is to be disregarded.

9

In subsection (1), “communication pipes” and “supply pipes” have the same meanings as in the 1980 Act.

F4810

This section does not apply to or in relation to any services provided by Scottish Water under section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3) except where the provision of the service is continued under section 17(1) or 20(1) or (3) of that Act.

35AF47Charges for services arranged by licensed providers

1

Supplies of water provided to any premises by Scottish Water under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3) are to be treated, for the purposes of sections 29 to 29F, as services provided solely to the water services provider who made the related request under subsection (1) of that section in respect of the premises.

2

The provision of sewerage to, and disposal of sewage from, any premises by Scottish Water under subsection (5) of that section of that Act are to be treated, for the purposes of sections 29 to 29F, as services provided solely to the sewerage services provider who made the related request under subsection (4) of that section in respect of the premises.

3

But—

a

where the supplies of water provided to the premises are continued under subsection (1) of section 17 of that Act, subsection (1) does not apply,

b

where the provision of sewerage to, or disposal of sewerage from, the premises is continued under subsection (1) or (3) of section 20 of that Act, subsection (2) does not apply.

36 Section 35: meaning of “occupier”

1

b

circumstances in which a customer of Scottish Water who is aggrieved by a decision or calculation of the local authority may appeal—

i

except in a case specified by virtue of sub-paragraph (ii), to a valuation appeal committee (constituted under section 29 of the 1994 Act), or

ii

in such cases as the order may specify, to a body constituted under the order (or under a previous such order) to consider appeals as respects any such case,

c

procedures to be followed in any appeal by virtue of paragraph (b),

d

the provision, for the purposes of this section, of information by Scottish Water to the local authority,

e

the keeping by the local authority of accounts and records as respects their functions by virtue of this section and the exhibition of, or of copies of, such accounts and records to Scottish Water.

4

Schedule 4 makes provision about recovery by a local authority of unpaid charges.

5

In this section and section 38, “dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992 (c.14).

any duty imposed on it by virtue of subsection (2) or (3).

Any loans made in pursuance of subsection (3)(a) are to be repaid to the Scottish Ministers at such times and by such methods, and interest on the loans is to be paid to them at such times and at such rates, as they may from time to time direct.

43 Guarantees

1

The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sums borrowed by Scottish Water or any subsidiary of Scottish Water.

2

Immediately after a guarantee is given under this section, the Scottish Ministers must lay a statement of the guarantee before the Parliament.

3

Where any sum is paid out in fulfilment of a guarantee under this section, Scottish Water must make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—

a

payments of such amounts as they may so direct in or towards repayment of the sums so paid out, and

b

payments of interest, at such rate as they may so direct, on the amount outstanding for the time being in respect of sums so paid out.

4

In subsection (1), “subsidiary” F56has the meaning given by section 1159 of the Companies Act 2006.

44 Directions as to payment and investment

1

The Scottish Ministers may, after consulting Scottish Water, direct it to pay to them, on a date specified in the direction, a sum specified in, or calculated in accordance with, the direction, being a sum not required for the exercise of its functions.

2

The Scottish Ministers may, after consulting Scottish Water, direct it to invest, in such manner as may be specified in the direction, a sum specified in, or calculated in accordance with, the direction, being a sum not immediately required for the exercise of its functions.

3

A direction under subsection (1) or (2) is not competent in relation to any sum which is payable to the Scottish Ministers under or by virtue of any other provision of this Act.

45 Accounts and audit

i

a supply of water to the public, or

ii

a system, to which the public is to have access, of drains, sewersF52, sustainable urban drainage systems or sewage treatment works,

acquire by agreement any land (other than water rights) wherever situated.

2

Subsection (3) applies in relation to any acquisition of land under subsection (1) for the purposes of any of the core functions of Scottish Water or for the purpose mentioned in paragraph (b) of that subsection.

3

In relation to any such acquisition of land, the Lands Clauses Acts (except in so far as they relate to acquisition other than by agreement and to access to the special Act and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845 (c.19)), and—

a

in a case where the acquisition is—

i

in relation to Scottish Water’s functions under or by virtue of the 1968 Act, or

ii

for the purpose of the provision of a system such as is mentioned in paragraph (b)(ii) of subsection (1) of this section,

sections 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (c.33) (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923 (c.20)), and

b

in any other case, section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (as referred to in paragraph (a)) and Part IV of Schedule 4 to the 1980 Act,

are hereby incorporated with this section; and, in construing those Acts for the purposes of that subsection, this section is to be taken to be the special Act and Scottish Water is to be taken to be the promoter of the undertaking or company as the case may require.

47 Compulsory acquisition of land

1

Scottish Water may—

a

for the purposes of any of its core functions, or

b

for the purpose specified in section 46(1)(b),

be authorised by the Scottish Ministers to purchase compulsorily under this subsection land (other than water rights) situated in Scotland.

2

Subsection (1) is—

a

without prejudice to any order under section 17 (acquisition of water rights) of the 1980 Act, and

b

subject to section 18 (authorisation of compulsory acquisition of land necessary for purposes of order under section 17) of that Act.

3

Scottish Water is, in respect of all of its core functions, a statutory undertaker for the purposes of section 120(1)(b) of the Local Government, Planning and Land Act 1980 (c.65) (persons to whose compulsory acquisition of an interest in land the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) in certain circumstances applies).

4

Scottish Water may be authorised by the Scottish Ministers to purchase compulsorily, or may acquire by agreement, land in Scotland for giving in exchange for such land as is mentioned in section 1(2)(b) of that Act of 1947.

5

This section is subject to section 67(4).

48 Disposal of land

1

Scottish Water may dispose of land held by it in any manner, to whomsoever and for whatever purpose it wishes.

2

But Scottish Water may not, except with the consent of the Scottish Ministers, dispose of land under subsection (1) for a consideration less than the best that could reasonably be expected to be obtained on the open market.

General duties

49 Interests of customers

The Scottish Ministers, when exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, when exercising its functions, must have regard to the interests of every person F20whose premises are connected to, or might reasonably become connected to, the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both; and especially of such of those persons as—

Those matters are—

a

the desirability of preserving for the public any freedom of access (including access for recreational purposes) to areas of forest, woodland, mountains, moor, bog, cliff, foreshore, loch or reservoir and to other places of natural beauty, and

b

the desirability of protecting and conserving—

i

buildings,

ii

sites, and

iii

objects,

of archaeological, architectural, historic or scientific interest and of maintaining the availability to the public of any facility for visiting or inspecting any such building, site or object.

3

The Scottish Ministers and Scottish Water must, in exercising the functions referred to in subsection (1), further—

a

the conservation and enhancement of natural beauty and the conservation of flora and fauna, and

b

the conservation of geological or physiographical features of special interest.

4

Subsection (3) applies so far as is consistent with the purposes of any enactment relating to the functions of the Scottish Ministers or, as the case may be, Scottish Water (whether or not functions under or by virtue of this Act, the 1968 Act or the 1980 Act).

54 Protection of natural heritage

1

Scottish Natural Heritage (“SNH”) must by notice in writing notify Scottish Water of any area of land in Scotland which is a F2European site within the meaning of Regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716) .

F32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where SNH has given notice under subsection (1) in respect of an area of land and—

F4a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F5... the area ceases to be a European site,

SNH must by notice in writing advise Scottish Water of that fact.

4

Where Scottish Water has received notice under subsection (1), it must (unless SNH has given notice under subsection (3) to the effect that the area of land in question is no longer a F6European site ) consult SNH before commencing any scheme, work, operation or activity which is likely to prejudice significantly the qualities by reference to which the area of land F7... is a European site.

5

Before commencing any scheme, work, operation or activity which appears to Scottish Water to be likely to affect adversely an area of land designated as a National Park under the National Parks (Scotland) Act 2000 (asp 10), Scottish Water must consult the National Park authority for the National Park.

6

Subsections (4) and (5) do not apply in relation to anything to be done by Scottish Water in an emergency but particulars of what is done and of the emergency must be notified by Scottish Water to SNH or, as the case may be, the National Park authority as soon as is practicable after the thing is done.

Scottish Water must comply with directions given under this Part.

56AF40Directions may set objectives

1

In particular, directions under section 56 may in respect of a period specified under section 29B(2) set objectives as to—

a

the standard of the services to be provided in the exercise of Scottish Water's core functions, and

b

the time by which—

i

a particular standard of any of those services is to be attained,

ii

any particular work required for or in connection with the provision of those services is (in part or whole) to be commenced or completed.

2

Different objectives may be set for different cases or categories of case.

3

In formulating objectives of a type referred to in subsection (1) for inclusion in directions under section 56, the Scottish Ministers must have regard to Scottish Water's duty under section 51(1).

4

Before giving directions under section 56 which set objectives of a type referred to in subsection (1), the Scottish Ministers must consult the Convener of the Water Customer Consultation Panels (representing the Panels as a whole) on the objectives.

56BSupplementary functions

1

The Scottish Ministers may by order confer on Scottish Water such additional or supplementary functions relating to the provision of water and sewerage services by Scottish Water as the Scottish Ministers consider appropriate so to confer.

2

The Scottish Ministers are to consult Scottish Water and the Commission on any order they propose to make under subsection (1).

57 Information and reports

1

Scottish Water must provide the Scottish Ministers with such information relating to the exercise of its functions as they may require.

2

For that purpose Scottish Water must—

a

permit any person authorised to do so by the Scottish Ministers to inspect and make copies of its accounts and other records, and

b

provide that person with such explanations in relation to those accounts and records as the person or the Scottish Ministers may require.

3

Scottish Water must prepare—

a

a report on its activities during the period from the beginning of each financial year to 30th September in that year, and

b

58 Records

1

This section applies to all records (in whatever form or medium)—

a

transferred to Scottish Water by virtue of this Act,

b

created or acquired by it in the exercise of any of its functions, or

c

otherwise in its keeping.

2

Scottish Water must, after consulting the Keeper of the Records of Scotland, make arrangements for the preservation and management of the records and must ensure that the records are preserved and managed in accordance with those arrangements.

3

Scottish Water may from time to time revise those arrangements but before making any material change must consult the Keeper.

4

i

setting, levying or collecting council tax or council water charges (within the meaning of Part II of the Local Government Finance Act 1992 (c.14)) or the non-domestic water rate or non-domestic sewerage rate (as defined in paragraphs (c) and (d) of section 99(2) of that Act before the repeal of those paragraphs by the 1994 Act), or

ii

levying or collecting the non-domestic rate (as for the time being defined in section 37(1) of the Local Government (Scotland) Act 1975 (c.30), or

b

as the case may be, by the assessor in connection with the assessor’s functions under any enactment.

4

In this section—

“assessor” is to be construed in accordance with section 27 of the 1994 Act,
“information” includes, in particular, a copy of the whole, or of any part of, a valuation roll or valuation list.

Part 4 Miscellaneous and general

Miscellaneous

63 Register of trade effluents: confidential information

After section 37B of the 1968 Act insert—

37C Exclusion from register of commercially confidential information
1
Despite subsection (2) of section 37A of this Act, Scottish Water shall not enter in the register maintained under that section information relating to the affairs of any individual or business if—
a
it determines, on the application of the person providing the information, that it is commercially confidential (as regards that or any other person), and
b
the information is not information which is required to be entered in the register in pursuance of a direction under subsection (4) below.
2
If, on an application under subsection (1) above, Scottish Water fails to make a determination within the period of 21 days beginning with the date of the application, it shall be treated as having determined that the information is commercially confidential.
3
Where, on an application under subsection (1) above, Scottish Water determines that information is not commercially confidential, the information shall not be entered on the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned.
4
The Scottish Ministers may give Scottish Water directions as to specified information, or descriptions of information, which the public interest requires to be included in the register regardless of whether the information is commercially confidential.
5
Information excluded from the register by virtue of subsection (1) above shall be treated as ceasing to be commercially confidential for the purposes of this section on the expiry of the period of 4 years beginning with the date of the determination by virtue of which it was excluded unless Scottish Water determines, on the application of the person who provided the information, that it is still commercially confidential.
6
Subsection (2) above applies in relation to an application under subsection (5) above as it applies in relation to an application under subsection (1) above.
7
The Scottish Ministers may, by order made by statutory instrument, substitute (whether in all cases or in such descriptions of case as the order may specify) for the period for the time being specified in subsection (2) above such other period as they consider appropriate.
8
A statutory instrument containing an order under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.
9
Information is, for the purposes of any determination under this section, commercially confidential, in relation to any person, if its inclusion in the register would prejudice to an unreasonable degree the commercial interests of that person.

64 Works in connection with metering

After section 24A of the 1980 Act insert—

24B Works in connection with metering
1
This section applies where, in relation to any premises (“the premises concerned”), the conditions specified in subsection (2) are satisfied.
2
The conditions referred to in subsection (1) are that—
a
Scottish Water is supplying or proposes to supply water to the premises,
b
such supply is or is to be by meter, and
c
there is a service pipe which is connected with a water main vested in Scottish Water and by which a supply of water is or could be provided to those premises.
3
Where this section applies, Scottish Water may serve a notice on the owner of the premises concerned requiring the execution, within such period of not less than 3 months as the notice shall specify, of such of the works mentioned in subsection (4) as the notice may specify.
4
The works referred to in subsection (3) are, in relation to the premises concerned—
a
works consisting of the installation and connection of any meter for use in determining the quantity of water supplied to the premises,
b
where a supply of water is or could be provided by the service pipe referred to in subsection (2)(c) to other premises as well as the premises concerned, works consisting of the installation, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for the premises concerned, but only to the extent that such a pipe will constitute a supply pipe and is not required to be laid in a road,
c
works for the purpose of maintaining, repairing, disconnecting or removing—
i
any meter which has been installed for use in determining the quantity of water supplied to the premises, or
ii
any pipes or apparatus installed in the course of any works specified in this section, and
d
any other works appearing to Scottish Water to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c), including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.
5
In the case of any of the works mentioned in paragraph (a) of subsection (4) and paragraph (c)(i) of that subsection so far as relating to maintenance and repair of a meter, Scottish Water may execute the works itself instead of requiring the owner, under subsection (3), to execute the works.
6
If an owner upon whom a notice has been served under subsection (3) fails to comply with it, Scottish Water may itself execute the works which the owner was required by the notice to execute.
7
Where Scottish Water has served a notice under that subsection requiring the execution of the works mentioned in paragraph (b) of subsection (4), it shall, within 14 days after those works have been executed, lay so much of the separate service pipe referred to in that paragraph as will constitute a communication pipe or a supply pipe to be laid in a road and shall make all necessary connections.
8
Scottish Water may recover from the owner of the premises concerned any expenses reasonably incurred by it in executing any works under subsection (5), (6) or (7).
9
Subsection (8) is without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.

65 Contravention of water byelaws: penalties and proceedings

1

Section 72 (general provisions as to byelaws) of the 1980 Act is amended as follows.

2

In subsection (3) (maximum level of penalty), for “level 4” substitute “ level 5 ”.

3

After that subsection, insert—

3A
Subject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—
a
within 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’s knowledge, or
b
where such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.
3B
No such proceedings shall be commenced more than 3 years after—
a
the date of the commission of the offence, or
b
in the case of a continuing offence, the last date on which the offence was committed.
3C
Subsection (3) of section 136 (time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for the purposes of that section.
3D
For the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date on which evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidence of that fact.
3E
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

General

66 Offences by bodies corporate and partnerships

1

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

any director, manager, secretary, member or other similar officer of the body corporate, or

b

any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

2

Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

67 Crown application

1

This Act binds the Crown, but nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity.

2

No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public authority or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

3

Despite subsection (2), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

4

The powers conferred by section 47 are exercisable in relation to land forming part of the Crown Estate only with the consent of the Crown Estate Commissioners.

68 Orders and regulations

1

Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.

2

Any such power includes power—

a

to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

b

to make different provision for different purposes and different areas.

3

An order under section 24(3) or 69 may modify any enactment, instrument or document.

4

A statutory instrument containing an order or regulations under this Act (except sections 41(5)F22, 56B and 72(1) and, where subsection (5) of this section applies, sections 24(3) and 69) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

5

No order under section 24(3) or 69 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft has been laid before, and approved by resolution of, the Parliament.

6

No order is to be made under section 41(5) F23or 56B unless a draft has been laid before, and approved by resolution of, the Parliament.

69 Ancillary provision

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

70 Interpretation

1

In this Act, unless the context otherwise requires—

“the 1968 Act” means the Sewerage (Scotland) Act 1968 (c.47),
“the 1980 Act” means the Water (Scotland) Act 1980 (c.45),
“the 1994 Act” means the Local Government etc. (Scotland) Act 1994 (c.39),
“charges scheme” has the meaning given by section F2429A(1) ,
F25“the Commission” means the Water Industry Commission for Scotland established under section 1(1) of this Act,
“financial year” means a period of 12 months ending with 31st March,
“local authority” means a council constituted under section 2 of the 1994 Act,
“new water and sewerage authorities” means the bodies established by section 62(1) of the 1994 Act and—
1. a
  a reference to a new water and sewerage authority is a reference to any of those bodies,
2. b
  “water area” and “sewerage area”, in relation to any such authority, are to be construed in accordance with that section,
“the Parliament” means the Scottish Parliament.

2

In this Act, references to core functions, in relation to Scottish Water, are to its functions under or by virtue of the 1968 Act, the 1980 Act, this Act and any other enactment, but excluding its functions under subsection (1) of section 25 of this Act and subsection (2) of that section so far as relating to subsection (1).

71 Modification of enactments

1

Schedules 5 and 6 make modifications of, respectively, the 1968 Act and the 1980 Act.

2

Schedule 7 makes modifications of other enactments.

72 Commencement and short title

P11

The provisions of this Act, other than this section and sections 66 to 70, come into force on such day as the Scottish Ministers may by order appoint.

2

This Act may be cited as the Water Industry (Scotland) Act 2002.

F9SCHEDULE A1Water Industry Commission for Scotland

(introduced by section 1(4))

Annotations:

Amendments (Textual)

Sch. A1 inserted (20.6.2005 for the insertion of Sch. A1 paras. 1-7, 1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 1 (with s. 36); S.S.I. 2005/351, art. 2, sch. 1, sch. 2

Status

1

The Commission is a body corporate.

2

The Commission—

a

is not a servant or agent of the Crown,

b

has no status, immunity or privilege of the Crown,

and its property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

Disqualification

the Scottish Ministers may vary the terms of the member's appointment so as to alter the date on which office as a member is to be vacated.

Remuneration, allowances and pensions

6

1

The Commission must pay to each ordinary member such remuneration as the Scottish Ministers may determine.

2

The Commission must pay to each ordinary member and the chief executive such allowances as the Scottish Ministers may determine in respect of expenses properly incurred in the performance of their duties as a member.

3

Where a person ceases to be an ordinary member otherwise than on the expiry of that person's term of appointment, the Scottish Ministers may, if they think there are special circumstances, direct the Commission to pay to the person such amount of compensation as they may determine.

4

The Scottish Ministers may direct the Commission to pay—

a

such pension, allowance or gratuity to, or in respect of, any person who is or has been an ordinary member,

b

such contribution or other payment towards provision for such pension, allowance or gratuity,

as they consider appropriate.

Chief executive

7

1

The Commission is to employ a chief executive.

2

The Scottish Ministers are to appoint the first chief executive of the Commission on such terms and conditions as the Scottish Ministers may determine.

3

Before making the appointment of the first chief executive, the Scottish Ministers must consult the member of the Commission appointed, or to be appointed, to chair the meetings of the Commission (if there is a person holding, or as the case may be designated to hold, that office).

4

The Commission may, with the approval of the Scottish Ministers, make subsequent appointments to the post of chief executive on such terms and conditions as it may with the approval of the Scottish Ministers determine.

5

The chief executive is to be appointed from amongst persons who appear—

a

as regards the first appointment, to the Scottish Ministers, and

b

thereafter, to the Commission,

All property (including rights) and liabilities, subsisting immediately before the coming into force of this paragraph, of the Water Industry Commissioner for Scotland are transferred to the Commission.

2

Sub-paragraph (1) has effect in relation to any property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or prohibit the transfer of the property or liabilities.

Committees

10

1

The Commission may establish committees for or in connection with the exercise of such of its functions as it may determine.

2

Any committee established under this paragraph must be chaired by a person who is an ordinary member of the Commission.

The Commission must—

a

prepare for each financial year, in accordance with directions given by the Scottish Ministers, an account of the Commission's income and expenditure, and

b

send the account, by such time as the Scottish Ministers may direct, to the Auditor General for Scotland for auditing.

SCHEDULE 1 Water Industry Commissioner and Customer Panels: further provision

(introduced by sections 1 and 2)

F51Part 1 The Commissioner

Annotations:

Amendments (Textual)

F51

Sch. 1 Pt. 1 repealed (8.1.2007) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(10) (with s. 36); S.S.I. 2006/599, art. 2, sch.

F511Appointment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F512Staff

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F513Status

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F514Accounts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Customer Panels

5Convener

1

The Scottish Ministers are to appoint, on such terms and conditions as they may determine, an individual to be known as the Convener of the Water Customer Consultation Panels (referred to in this schedule as the “Convener”).

2

The Convener is not to be regarded as a servant or agent of the Crown and does not have any status, immunity or privilege of the Crown.

6Membership

1

The Convener is to be a member of each Customer Panel.

2

The other members of a Customer Panel are to be appointed by the Convener in accordance with procedures, and on terms and conditions, approved by the Scottish Ministers.

3

The Convener must, in accordance with those procedures, appoint one of the other members to be deputy convener of the Panel.

4

Before appointing the other members under sub-paragraph (2), the Convener must consult the F26Commission and such bodies representing consumer interests as the Scottish Ministers may direct.

7Remuneration and allowances

The F27Commission must pay to the Convener and to the deputy convener and ordinary members of a Customer Panel—

a

such remuneration, and

b

such allowances (if any) in respect of expenses properly incurred in the performance of their duties,

as the Scottish Ministers may determine.

8Administrative support

The F28Commission is to provide the Convener and each Customer Panel, or ensure that they are provided, with the property, staff and services required for their purposes in accordance with arrangements approved by the Scottish Ministers.

9Proceedings

1

The proceedings of a Customer Panel must be conducted in accordance with arrangements—

a

determined by the Convener after consulting the other members of the Panel, and

b

approved by the Scottish Ministers.

2

The validity of any proceedings of a Customer Panel is not affected by any vacancy among its members or by any defect in the appointment of a member.

SCHEDULE 2 Drinking Water Quality Regulator: further provision as to powers of entry etc.

(introduced by section 18)

1Notice of entry

1

The Regulator is entitled to demand entry into any premises as of right by virtue of section 9(1), 12(2)(a) or 13(3)(a) (in this schedule referred to as “the relevant provisions”) only at a reasonable time, except in an emergency.

2

Unless the premises are premises of a public water supplier, the Regulator must give 24 hours’ notice of the intended entry to the occupier of the premises.

2Warrant to exercise right or power

1

If a sheriff or a justice of the peace is satisfied, by evidence on oath, that—

a

there are reasonable grounds for the exercise in relation to any premises of a power conferred by the relevant provisions, and

b

one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the sheriff or justice may by warrant authorise the Regulator and any person authorised by the Regulator for the purpose to exercise the power in relation to those premises in accordance with the warrant and, if need be, by force.

2

The conditions mentioned in sub-paragraph (1) are—

a

that the exercise of the power in relation to the premises has been refused,

b

that such a refusal is reasonably apprehended,

c

that the premises are unoccupied,

d

that the occupier is temporarily absent from the premises,

e

that the case is one of urgency,

f

that an application for admission to the premises would defeat the object of the proposed entry.

3

A sheriff or justice must not issue a warrant under this schedule by virtue only of being satisfied that a condition specified in sub-paragraph (2)(a) or (b) is fulfilled unless the sheriff or justice is also satisfied—

a

that notice of the intention to apply for the warrant has been given to the occupier of the premises, or

b

that the giving of such notice would defeat the object of the proposed entry.

4

A warrant under this schedule continues in force until the purposes for which the warrant was issued have been fulfilled.

3Evidence of authority

A person entitled to exercise any power conferred by the relevant provisions must, if required to do so, produce written evidence of that entitlement.

4Supplementary powers

A person entitled to enter any premises by virtue of any power conferred by the relevant provisions is entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take on to the premises such other persons and such equipment as may be necessary.

5Duty to secure premises

A person who enters any premises in the exercise of any power conferred by the relevant provisions must leave the premises as effectually secured against trespassers as that person found them.

6Compensation

1

Where any person exercises any power conferred by the relevant provisions, the Scottish Ministers must make full compensation to any person who has sustained loss or damage by reason of—

a

the exercise by the person of that power or of any power to take any person or equipment on to the premises in relation to which the power is exercised, or

b

the performance of, or failure of the person to perform, the duty imposed by paragraph 5.

2

Compensation is not payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—

a

is attributable to the default of the person who sustained it, or

b

is loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.

3

Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, is to be referred to the arbitration of a single arbiter appointed by agreement between the Scottish Ministers and the person who claims to have sustained the loss or damage or, in default of agreement, by the President of the Lands Tribunal for Scotland.

7Commercially confidential information

1

Any person who enters any premises in the exercise of any power conferred by the relevant provisions and who makes use of or discloses any information obtained by that person on those premises with regard to any manufacturing process or trade secret is guilty of an offence.

2

A person guilty of an offence under sub-paragraph (1) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum,

b

the particular knowledge of such interests, and

b

any other attributes,

that persons seeking such appointment should possess.

6

The chief executive of Scottish Water is to be one of its executive members and the other executive members are to be appointed by Scottish Water, with the approval of the Scottish Ministers, from amongst its other employees.

3Tenure and removal from office

1

Each member other than the chief executive—

a

is to be appointed for such period as is specified in the appointment,

b

may, by written notice to—

i

in the case of a non-executive member, the Scottish Ministers,

ii

in the case of an executive member, Scottish Water,

resign as a member,

c

in other respects, holds and vacates office on such terms and conditions as—

i

in the case of a non-executive member, the Scottish Ministers,

ii

in the case of an executive member, Scottish Water with the approval of the Scottish Ministers,

may determine,

d

after ceasing to hold office is eligible for reappointment as a member.

2

The Scottish Ministers may remove a non-executive member, and Scottish Water may, with the approval of the Scottish Ministers, remove an executive member, from office if satisfied that—

a

the member’s estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract, or

b

the member—

i

is incapacitated by physical or mental illness,

ii

has been absent from meetings of Scottish Water for a period longer than 3 consecutive months without the permission of Scottish Water, or

iii

is otherwise unable or unfit to discharge the member’s functions as a member or is unsuitable to continue as a member.

3

Without prejudice to its powers under sub-paragraph (2), Scottish Water may, with the approval of the Scottish Ministers, remove an executive member from office if it considers it necessary or expedient to do so in connection with the management of the affairs of Scottish Water.

4

An executive member ceases to hold office as such on ceasing to be an employee of Scottish Water.

5

A person who ceases to be an executive member does not, by reason only of that, cease to be an employee of Scottish Water.

4Chairing

1

The Scottish Ministers—

a

must appoint one of the non-executive members to chair the board, and

b

may, after consulting that member, appoint another non-executive member to act as deputy to that member.

2

The member appointed to chair the board and any member appointed to act as deputy to that member hold and vacate office as such in accordance with the terms of their appointments.

3

A member so appointed may, by written notice to the Scottish Ministers, resign from office as such.

4

A member so appointed vacates office on ceasing to be a non-executive member of Scottish Water.

5

Where a non-executive member—

a

is appointed to chair the board or to act as deputy to the member so appointed, or

b

ceases to hold office as such,

the Scottish Ministers may vary the terms of the member’s appointment so as to alter the date on which office as a non-executive member is to be vacated.

5Remuneration, allowances and pensions

1

Scottish Water must pay to those of its members holding an office specified in sub-paragraph (5) such remuneration as the Scottish Ministers may determine.

2

Scottish Water must pay to those members and the other members such allowances as the Scottish Ministers may determine in respect of expenses properly incurred in the performance of their duties.

3

Where a person ceases to be a non-executive member otherwise than on the expiry of that person’s term of office, the Scottish Ministers may, if they think there are special circumstances, direct Scottish Water to pay to the person such amount of compensation as they may determine.

4

The Scottish Ministers may direct Scottish Water to pay—

a

such pension, allowance or gratuity to, or in respect of, any person who holds or has held any office specified in sub-paragraph (5),

b

such contribution or other payment towards provision for such pension, allowance or gratuity,

as they consider appropriate.

5

The offices referred to in sub-paragraphs (1) and (4)(a) are—

a

non-executive member,

b

member appointed to chair the board, and

c

member appointed to act as deputy to that member.

6Chief executive and other staff

1

The Scottish Ministers must, after consultation with the member appointed, or to be appointed, to chair the board (if there is a person holding, or as the case may be designated to hold, that office), make the first appointment of chief executive of Scottish Water on such terms and conditions as the Scottish Ministers may determine.

2

Scottish Water may, with the approval of the Scottish Ministers, make subsequent appointments to the post of chief executive on such terms and conditions as it may with the approval of the Scottish Ministers determine.

3

Scottish Water may appoint on such terms and conditions as it may with the approval of the Scottish Ministers determine such other employees as it considers appropriate.

4

Scottish Water must, as regards such of its employees as it may with the approval of the Scottish Ministers determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities.

5

Such arrangements—

a

may include the establishment and administration, by Scottish Water or otherwise, of one or more pension schemes, and

b

must, in any case, be approved by the Scottish Ministers.

6

The reference in sub-paragraph (4) to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments.

A person appointed by the Scottish Ministers under sub-paragraph (1)—

a

must be a person who is expected to become an employee of Scottish Water (whether by virtue of section 23 or paragraph 6(3) of this schedule),

b

is to be treated (except for the purposes of paragraph 3 of this schedule) as an executive member whilst acting as such,

c

may resign office by written notice to the Scottish Ministers,

d

may be removed from office by the Scottish Ministers,

e

in other respects, holds and vacates offices in accordance with the terms and conditions of the appointment.

SCHEDULE 4 Recovery by local authority of unpaid charges

(introduced by section 37)

1

This schedule applies to any sum which has become payable to a local authority by virtue of section 37 and has not been paid (including a sum forming part of a larger sum which has become payable and the other part of which has been paid).

2

1

Any sum to which this schedule applies may be recovered by the local authority by diligence—

a

authorised by a summary warrant granted under sub-paragraph (2), or

b

in pursuance of a decree granted in an action for payment.

2

The sheriff, on an application by the authority which is accompanied by a certificate from them containing such particulars as may be prescribed by the Scottish Ministers by regulations, must grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by way of any of the diligences mentioned in sub-paragraph (3), of the amount of the sum remaining due and unpaid along with a surcharge of 10 per cent of that amount.

3

The diligences referred to in sub-paragraph (2) are—

F1za

an attachment,

a

an earnings arrestment,

b

an arrestment and action of furthcoming or sale.

4

It is incompetent for the sheriff to grant a summary warrant under sub-paragraph (2) in respect of any sum to which this schedule applies if an action has already been raised for the recovery of that sum; and, without prejudice to sub-paragraph (5), on the raising of an action for the recovery of any such sum, any existing summary warrant, in so far as it relates to the recovery of that sum, ceases to have effect.

5

It is incompetent to raise an action for the recovery of any sum to which this schedule applies if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) for the recovery of that sum has been executed.

6

The Scottish Ministers may by order substitute another percentage for the percentage which is for the time being mentioned in sub-paragraph (2).

3

No misnomer or inaccurate description of any person or place, or mistake of informality, in any notice or other document or communication relating to a demand for, or the recovery of, charges payable to the local authority by virtue of section 37 or in any proceedings for the payment of such charges prejudices such recovery.

4

1

F54Without prejudice to section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment), the sheriff officer’s fees, together with the outlays necessarily incurred by the sheriff officer, in connection with the execution of a summary warrant under paragraph 2 are chargeable against the debtor.

2

But no fees are chargeable by the sheriff officer against the debtor for collecting, and accounting to the local authority for, the sums paid to the sheriff officer by the debtor in satisfaction of an amount owing to the authority by way of charges payable to them by virtue of section 37.

SCHEDULE 5 Modifications of Sewerage (Scotland) Act 1968

(introduced by section 71)

1

The Sewerage (Scotland) Act 1968 (c.47) is amended as follows.

2

In each of the following provisions, for “a sewerage authority” wherever the expression occurs substitute “ Scottish Water ”

section 1(2)(a) and (3),
section 3(1), (2) and (3),
section 3A(1),
section 4,
section 7(1) and (3),
section 10(1),
section 11(1), (2) and (3),
section 12(3), (4) and (8),
section 14(1) and (6),
section 15(1) and (4),
section 16(1) and (3),
section 16A(1),
section 17(2) and (4),
section 20(1), (4) and (5),
section 22(1), (2A) and (3),
section 23,
section 24,
section 25,
section 26,
section 27(1),
section 28(1),
section 29(1),
section 30(1),
section 32(1),
section 36(1),
section 37(1) and (3),
section 37A(1) and (3),
section 38(1),
section 39,
section 44,
section 45(1),
section 48(1),
section 53.

3

In each of the following provisions, for “the sewerage authority” wherever the expression occurs substitute “ Scottish Water ”

section 1(2)(b) and (4),
section 3(2),
section 3A(2),
section 11(4),
section 12(8),
section 15(1),
section 16(2),
section 16A(2),
section 17(3),
section 20(4),
section 21(1),
section 23,
section 31,
section 32(2),
section 33(2),
section 34,
section 35,
section 36(2),
section 37(4) and (6),
section 42(2),
section 48(3),
section 51(2) and (4).

4

In each of the following provisions, for “the authority” wherever the expression occurs substitute “ Scottish Water ”

section 1(4),
section 3A(2),
section 4,
section 8(1),
section 10(2),
section 11(1),
section 12(3),
section 14(1) and (5),
section 16(1)(b) and (2),
section 20(1) and (3),
section 21(1),
section 24(1) and (2),
section 26,
section 27(1), (3), (4) and (5),
section 28(2),
section 29(3) and (6),
section 31,
section 32(3), (5) and (7),
section 35,
section 36(2),
section 37(4), (5), (6) and (7),
section 37A(2),
section 38(2),
section 45(1),
section 48(1),
section 51(3).

b

b

in paragraph (dd), for “section 98(1)(b) of the Local Government etc. (Scotland) Act 1994” substitute “ section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ”,

c

in paragraph (e), for “their” substitute “ its ”,

d

in paragraph (f)(ii), for “section 98(1)(b)” substitute “ section 46(1)(b)(ii) ”.

40

In section 55(2) (application of Act to Crown), for the words from “the sewerage” to “situated” substitute “ Scottish Water ”.

41

In section 59(interpretation)—

a

for the definition of “area” substitute—

“area”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);

b

in the definitions of—

i

“private sewage treatment works”,

ii

“public drain”,

iii

“public sewage treatment works”, and

iv

“public sewer”,

for “a sewerage authority” substitute “ Scottish Water ”,

c

the definition of “sewerage authority” is repealed.

SCHEDULE 6 Modifications of Water (Scotland) Act 1980

(introduced by section 71)

1

The Water (Scotland) Act 1980 (c.45) is amended as follows.

2

In section 1 (general duties of Scottish Ministers and of water authorities), for “the water authorities” substitute “ Scottish Water ”.

for “their” in both places where it occurs substitute “ its ”.

for “a water authority’s” substitute “ Scottish Water’s ”,

ii

for “them” substitute “ it ”.

for “that order” substitute “ an order made under subsection (2) ”,

c

paragraph (a) and the following “and” are repealed.

5

Subsections (4) to (7) are repealed.

9

Section 12(supply of water to premises outwith limits of supply) is repealed.

for “the authority” substitute “ Scottish Water ”.

13

1

Section 16 (powers of survey and search for water on land) is amended as follows.

2

For subsection (1) substitute—

1
The Scottish Ministers may, on application made to them by Scottish Water, authorise it to survey, in accordance with this section—
a
any land which it proposes to acquire for the purposes of its water undertaking or proposed water undertaking; or
b
any land in, on or over which it is proposed to lay a water main.

3

In subsection (2), for “the authority” substitute “ Scottish Water ”.

4

In subsection (3)—

a

for “an authority are” substitute “ Scottish Water is ”,

b

for “the authority” substitute “ Scottish Water ”.

5

In subsection (8)—

a

for “the authority on whose behalf the works were carried out” substitute “ Scottish Water ”,

b

for “they” substitute “ it ”.

for “they are” substitute “ it is ”.

18

1

Section 23 (power to lay mains etc.) is amended as follows.

2

In subsection (1)—

a

for “a water authority” substitute “ Scottish Water ”,

b

for “their” substitute “ its ”.

3

After subsection (1) insert—

1ZA
Section 192 of the Local Government (Scotland) Act 1973 (c.65) (service of notices) shall apply to notices served by Scottish Water under subsection (1) above relating to land as it applies to notices served by a local authority relating to premises.

b

for “their” substitute “ its ”.

In section 32(1) (power of water undertakers to supply water to water authorities), for “a water authority” in both places where the expression occurs substitute “ Scottish Water ”.

for paragraph (a) substitute—

aa
where the conditions set out in subsection (2) of section 24B are satisfied in relation to the premises, for the purpose of carrying out any survey or tests to determine—
i
whether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (4) of that section is practicable,
ii
whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out, or
iii
how any works specified in that subsection should be carried out;
ab
for the purpose of inspecting, examining or testing—
i
any meter which is on the premises and which is used by Scottish Water for measuring the quantity of water supplied, or
ii
any pipes or apparatus installed in the course of any works which were carried out for any purpose which is connected with the installation, connection, testing, maintenance or repair of any such meter;
ac
for the purpose of ascertaining from any such meter the quantity of water supplied to the premises;

31

In section 41A (supply of water by meter)—

a

in paragraph (a), for “the authority” substitute “ Scottish Water ”,

b

in paragraph (b), for “the water authority” substitute “ Scottish Water ”.

32

1

Section 50 (power to require supply by meter) is amended as follows.

2

The existing provision becomes subsection (1).

3

In that subsection—

a

for “A water authority” substitute “ Scottish Water ”,

b

the word “or” following paragraph (c) is repealed.

4

At the end of that subsection insert

; or
e
any other premises specified, or of a description specified, in an order made by the Scottish Ministers.
2
Before making an order under subsection (1)(e) the Scottish Ministers shall consult such persons as they think fit.
3
The power to make such an order shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

in subsection (2)—

i

for “a water authority supply” substitute “ Scottish Water supplies ”,

ii

for “supply” in the second place where it occurs substitute “ supplies ”,

iii

for “the authority” substitute “ Scottish Water ”.

for “their” substitute “ its ”,

b

in subsection (2)—

i

for “The authority” substitute “ Scottish Water ”,

ii

for “the authority” substitute “ it ”.

for “they” substitute “ it ”,

d

for “the authority” substitute “ Scottish Water ”.

for “the authority do” substitute “ Scottish Water does ”,

c

in subsection (3), for “the authority concerned” substitute “ Scottish Water ”.

for “the authority” substitute “ Scottish Water ”,

e

for “any authority” substitute “ Scottish Water ”,

f

for “that authority” substitute “ Scottish Water ”.

49

in subsection (1)—

i

for the definition of “area” substitute—

“area”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);

ii

for the definition of “limits of supply” substitute—

“limits of supply”, in relation to Scottish Water, means the area of Scottish Water;

iii

the definition of “water authority” is repealed,

iv

in the definition of “supply of water in bulk” for “the water authority taking the supply” substitute “ Scottish Water ”,

b

in subsection (3), for “the water authority” substitute “ Scottish Water ”.

63

In section 110(2) (further provisions as to communication pipes etc.)—

a

for “the water authority” substitute “ Scottish Water ”,

b

for “the authority” substitute “ Scottish Water ”.

1

The Flood Prevention (Scotland) Act 1961 is amended as follows.

2

In section 4(2) (flood prevention schemes), for “a sewerage or water authority” substitute “ Scottish Water ”.

3

In section 12(1)(b) (contributions to and by local authorities), for “a sewerage or water authority” substitute “ Scottish Water ”.

4

In section 15(1)(interpretation), the definitions of “sewerage authority” and “water authority” are repealed.

4Local Government (Scotland) Act 1966 (c.51)

In section 46(1) (general interpretation) of the Local Government (Scotland) Act 1966, in the definition of “water undertaking”, for “a local water authority” substitute “ Scottish Water ”.

1

The Local Government (Scotland) Act 1973 is amended as follows.

2

In section 170A(5)(c) (production and supply of heat and electricity etc. by local authorities), for “a water authority” substitute “ Scottish Water ”.

3

In section 170B(2) (provision supplementary to section 170A)—

a

for “water authorities” substitute “ Scottish Water ”,

b

for “a water authority” substitute “ Scottish Water ”.

c

in paragraph (a), for “paragraph (a)” substitute “ paragraphs (aa) to (ac) ”.

7Reservoirs Act 1975 (c.23)

In section 1(4)(a) (definition of “undertakers”) of the Reservoirs Act 1975, for the words “a water authority, that authority” substitute “ Scottish Water, that body ”.

8House of Commons Disqualification Act 1975 (c.24)

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons), the entries for the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority are repealed.

9Race Relations Act 1976 (c.74)

In Schedule 1A (bodies and other persons subject to general statutory duty) to the Race Relations Act 1976, paragraph 23 is repealed.

10Competition Act 1980 (c.21)

Section 11(3)(cc)(reference of public bodies and certain other persons to the Commission) of the Competition Act 1980 is repealed.

11Wildlife and Countryside Act 1981 (c.69)

1

The Wildlife and Countryside Act 1981 is amended as follows.

2

In section 27(1) (interpretation of Part I), the definition of “water authority” is repealed.

3

In section 36(7) (interpretation of section 36), in the definition of “relevant authority”, for “a water authority” substitute “ Scottish Water ”.

12Local Government and Planning (Scotland) Act 1982 (c.43)

In section 14 (local authority’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)—

a

in subsection (2), for the words “a water authority” substitute “ Scottish Water ”, and

b

subsection (3) is repealed.

13Civic Government (Scotland) Act 1982 (c.45)

In section 54 (playing of instruments, singing, playing radios etc.) of the Civic Government (Scotland) Act 1982, in subsection (3)—

a

in paragraph (a), for “a water authority” substitute “ Scottish Water ”, and

b

the words from “In this subsection” to the end are repealed.

14Roads (Scotland) Act 1984 (c.54)

1

The Roads (Scotland) Act 1984 is amended as follows.

F53 C12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 C13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 135 (restriction of powers of sewerage authorities)—

a

in subsection (1), for “any sewerage authority” substitute “ Scottish Water ”,

b

in subsection (2), for “a sewerage authority” substitute “ Scottish Water ”.

5

In section 151(1)(interpretation), the definitions of “sewerage authority” and “water authority” are repealed.

6

In Schedule 1 (procedure for making or confirming certain orders and schemes)—

a

in Part I, in paragraph 3, in the Table, in entry (ii), in the second column—

i

the words “or water authority” are repealed,

ii

at the end insert “ and Scottish Water ”,

b

in Part II, in paragraph 10(b)—

i

after “on” insert “ (i) ”,

ii

the words “or water authority” are repealed,

iii

at the end insert

, and
ii
Scottish Water.

15Water (Fluoridation) Act 1985 (c.63)

In section 5(1) (interpretation) of the Water (Fluoridation) Act 1985—

a

in the definition of “statutory water undertaker”, for “a water authority” substitute “ Scottish Water ”, and

b

the definition of “water authority” is repealed.

16Bankruptcy (Scotland) Act 1985 (c.66)

In section 70 (supplies by utilities) of the Bankruptcy (Scotland) Act 1985, in subsection (4)(c), for the words from “a water” to the end substitute “ Scottish Water ”.

17Debtors (Scotland) Act 1987 (c.18)

1

The Debtors (Scotland) Act 1987 is amended as follows.

2

In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (iia) insert—

iib
a local authority (within the meaning of section 70 of the Water Industry (Scotland) Act 2002 (asp 3)) in respect of any charges payable to them by virtue of section 37 of that Act;

3

In section 106 (interpretation), in the definition of “summary warrant”, after paragraph (cc) insert—

cca
paragraph 2 of schedule 4 to the Water Industry (Scotland) Act 2002 (asp 3);

18Housing (Scotland) Act 1987 (c.26)

1

The Housing (Scotland) Act 1987 is amended as follows.

2

In section 61 (secure tenant’s right to purchase)—

a

in subsection (2)(a), for paragraph (iia) substitute—

iia
Scottish Water;

b

in subsection (11)(l)—

i

for “a water authority or sewerage authority in Scotland” substitute “ Scottish Water ”,

ii

after “of” insert “ Scottish Water and ”.

3

In section 212(4) (rent increase notices), for paragraph (e) substitute—

e
Scottish Water

4

In section 233(3) (power of local authority to assist in provision of separate service water pipes for houses)—

a

for “a water authority” substitute “ Scottish Water ”, and

b

for “the water authority” substitute “ Scottish Water ”.

5

d

subsection (5A) is repealed.

21New Roads and Street Works Act 1991 (c.22)

1

The New Roads and Street Works Act 1922 is amended as follows.

2

In section 108(6)(a) (the road works authority and other relevant authorities), for the words from “a sewer” to the end substitute “ a public sewer, Scottish Water; ”.

3

In section 109(6)(a) (permission to execute works), for the words from “a sewer” to the end substitute “ a public sewer, Scottish Water; ”.

4

In section 117(3)(a) (restriction on works following substantial works carried out for roads purposes)—

a

for “a sewer vested in a sewerage authority” substitute “ a public sewer ”,

b

for “that authority” substitute “ Scottish Water ”.

5

In section 148 (sewers)—

a

in subsection (1)—

i

for “a sewer vested in a sewerage authority” substitute “ a public sewer ”,

ii

for “that authority” substitute “ Scottish Water ”,

b

in subsection (3)(a)—

i

for “a sewerage authority” substitute “ Scottish Water ”,

ii

for “authority” in the second place where it occurs substitute “ body ”,

c

in subsection (4), for “a sewer vested in a sewerage authority” substitute “ a public sewer ”.

6

In section 149(4)(a) (provision as to reinstatement of sewers, drains or tunnels), for the words from “a sewer” to “that authority” substitute “ a public sewer, Scottish Water ”.

7

In section 164(1) (minor definitions)—

a

after the definition of “in” insert—

“public sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;

b

the definition of “sewerage authority” is repealed.

8

In Schedule 6 (roads with special engineering difficulties)—

a

in paragraph 7(3)(b), for “a sewer vested in a sewerage authority” substitute “ a public sewer ”,

b

in paragraph 9—

i

for “A sewerage authority in whom a sewer is vested” substitute “ Scottish Water ”,

ii

for “their sewer” substitute “ a public sewer ”.

paragraph 152(2)(c) and (7)(b) and (c),

xiii

paragraph 167(8)(c),

xiv

paragraph 168(2), (3), (4)(a) and (6),

xv

paragraph 181(b).

24Environment Act 1995 (c.25)

1

The Environment Act 1995 is amended as follows.

2

In section 36(3) (codes of practice with respect to environmental and recreational duties), for paragraphs (e) to (f) substitute—

da
Scottish Water;

3

In Part II of Schedule 21 (application of certain enactments to the Crown), paragraph 6 is repealed.

25Planning (Consequential Provisions) (Scotland) Act 1997 (c.11)

Paragraph 58 of Schedule 2 (consequential amendments) to the Planning (Consequential Provisions) (Scotland) Act 1997 is repealed.

26Water Industry Act 1999 (c.9)

1

The Water Industry Act 1999 is amended as follows.

2

The following provisions are repealed—

a

in section 12 (Water Industry Commissioner for Scotland), subsections (1), (2) and (4),

b

section 13 (Commissioner’s advice on charges),

c

Schedule 2 (Water Industry Commissioner and consultative committees), and

d

in Part II of Schedule 3 (minor and consequential amendments), paragraphs 7 to 15.

27Public Finance and Accountability (Scotland) Act 2000 (asp 1)

1

The Public Finance and Accountability (Scotland) Act 2000 is amended as follows.

2

In section 23(7) (economy, efficiency and effectiveness examinations), for the words from “a new” to “1994 (c.39))” substitute “ Scottish Water ”.

3

The following provisions are repealed—

a

in schedule 1 (capital expenditure of and borrowing by certain statutory bodies), paragraph 6, and

b

in schedule 4 (modifications of enactments relating to Part 2), paragraph 12(2) and (4).

28Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

In schedule 3(devolved public bodies) to the Ethical Standards in Public Life etc. (Scotland) Act 2000—

a

the entries for the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority are repealed, and

b

at the appropriate place, the following entry is inserted—

Scottish Water