Water Industry (Scotland) Act 2002

Part 1 S Water Industry Commissioner and Customer Panels

[F1 1 Water Industry Commission for Scotland S

(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.]

Textual Amendments

F1 S. 1 substituted (20.6.2005 for specified purposes, 1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1, sch. 2

2 Water Customer Consultation Panels S

(1) The Scottish Ministers shall by order establish panels of individuals to be known as Water Customer Consultation Panels (each referred to in this Part as a “Customer Panel”).

(2) An order under subsection (1) must, in relation to each Customer Panel established by it, specify, or make provision for determining—

(a) the area for which the Panel is established, and

(b) the number of members of the Panel.

(3) Each Customer Panel is to have the general function of representing the views and interests of the customers of Scottish Water in the Panel’s area in relation to the provision of services by Scottish Water in the exercise of its core functions.

(4) A Customer Panel must—

(a) publish reports on any matter it considers relevant to the interests of those customers in relation to such provision,

(b) make such recommendations as it considers appropriate to the Commissioner as to the promotion of the interests of those customers in relation to such provision, either generally or in relation to any specific matter.

(5) In exercising functions in relation to Scottish Water, the Commissioner must have regard to—

(a) any representations made to the Commissioner by a Customer Panel,

(b) any reports published under subsection (4)(a), and

(c) any recommendations made under subsection (4)(b).

(6) Part 2 of schedule 1 makes further provision about the Customer Panels.

3 Functions of the [F2 Commission] S

(1) The [F2 Commission] must investigate any complaint made to the [F2 Commission] or a Customer Panel by a current, potential or former customer of Scottish Water as respects any of its core functions.

(2) A Customer Panel must refer to the [F2 Commission] any such complaint which is made to it.

(3) The [F2 Commission] need not investigate a complaint under subsection (1) if—

(a) the complainer has not pursued the complaint with Scottish Water, or

(b) it appears to the [F2 Commission] that the complaint is vexatious or frivolous.

(4) The [F2 Commission] may, on behalf of the complainer in a complaint investigated under subsection (1), make representations to Scottish Water about any matter—

(a) to which the complaint relates, or

(b) which appears to the [F2 Commission] to be relevant to the subject matter of the complaint.

(5) Where the [F2 Commission] investigates a complaint referred by a Customer Panel under subsection (2), or decides not to investigate such a complaint, the [F2 Commission] must send to the Panel a report of the investigation or, as the case may be, a statement of the reasons for not investigating the complaint.

(6) The [F2 Commission] is to advise the Scottish Ministers on any matter which appears to the [F2 Commission] or to them to relate to—

(a) the standard of service provided by Scottish Water to [F3 persons 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 [F4 Scottish 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 [F2 Commission] has power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise of the [F2 Commission's] functions.

Textual Amendments

F2 Words in s. 3 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

F3 Words in s. 3(6)(a) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(2)(a) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

F4 Words in s. 3(6)(b) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(2)(b) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

4 Power of the Commissioner to require information S

(1) Scottish Water must, on being requested to do so by the [F5 Commission], provide the [F5 Commission] with such information held by it as the [F5 Commission] may reasonably seek in the exercise of the [F5 Commission's] functions.

[F6 (2) 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.]

Textual Amendments

F5 Words in s. 4(1) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

F6 S. 4(2)(3) substituted for s. 4(2) (1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(2), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

5 Annual reports by, and information from, the [F7 Commission] S

(1) The [F7 Commission] 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 [F7 Commission'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 [F7 Commission] during the year to which the report relates in response to such representations, reports and recommendations as are mentioned in section 2(5), and

(b) where the [F7 Commission] has decided during that year not to take any action in response to any such representation, report 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 [F7 Commission] during the period to which the report relates.

[F8 (4) The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).]

Textual Amendments

F7 Words in s. 5(1)-(3) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

F8 S. 5(4) added (1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(3), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2

6 Funding of the [F9 Commission] S

(1) The Scottish Ministers may make grants to the [F9 Commission] in respect of the [F9 Commission's] expenses.

(2) Scottish Water must make to the [F9 Commission], in respect of the [F9 Commission's] expenses, payments of such amounts, and at such times, as the Scottish Ministers may direct.

Textual Amendments

F9 Words in s. 6 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2