Search Legislation

Water Industry (Scotland) Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 01/04/2006.

Changes to legislation:

There are currently no known outstanding effects for the Water Industry (Scotland) Act 2002, Part 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1S Water Industry Commissioner and Customer Panels

[F11 Water Industry Commission for ScotlandS

(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

F1S. 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 PanelsS

(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.

[F2(3)Each Customer Panel is, in relation to the provision of services by Scottish Water in the exercise of its core functions, to have the general function of representing the views and interests of persons whose premises are in the Panel's area and—

(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.

(4)A Customer Panel—

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

(b)may make recommendations to the Commission as to the promotion of the interests of those persons in relation to such provision, either generally or in relation to any specific matter,

(c)may make recommendations, on any matter it considers relevant to the interests of those persons to—

(i)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)may make recommendations to Scottish Water on any matter it considers relevant to the interests of those persons in relation to such provision.

(5)Scottish Water must have regard to—

(a)any representations made to it by a Customer Panel, and

(b)any recommendations made to it under subsection (4).

(5A)Any other persons to whom—

(a)any representations are made by a Customer Panel, or

(b)any recommendations are made under subsection (4),

must, in exercising functions in relation to Scottish Water, have regard to the representations or (as the case may be) recommendations.

(5B)A Customer Panel—

(a)must publish a summary of any representations it makes under subsection (3) and of any recommendations it makes under subsection (4), and

(b)may do so by including the summary in a report.

(5C)Any persons to whom recommendations are made under subsection (4) must, within 6 months of receipt, publish a summary of their responses to the recommendations.

(5D)Two or more Customer Panels may exercise their functions under subsections (4) and (5B) jointly.]

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

Textual Amendments

F2S. 2(3)-(5D) substituted for s. 2(3)-(5) (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 3(1), 37(2) (with s. 36); S.S.I. 2006/167, art. 2, sch. 1

3 Functions of the [F3Commission]S

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The [F3Commission] is to advise the Scottish Ministers on any matter which appears to the [F3Commission] or to them to relate to—

(a)the standard of service provided by Scottish Water to [F5persons 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 [F6Scottish 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 [F3Commission] has power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise of the [F3Commission's] functions.

4 Power of the Commissioner to require informationS

(1)Scottish Water must, on being requested to do so by the [F7Commission], provide the [F7Commission] with such information held by it as the [F7Commission] may reasonably seek in the exercise of the [F7Commission's] functions.

[F8(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

F8S. 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 CommissionerS

(1)The [F9Commission] 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 [F9Commission'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 [F9Commission] during the year to which the report relates in response [F10to—

(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 [F9Commission] has decided during that year not to take any action in response to any such representation F11... 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 [F9Commission] during the period to which the report relates.

[F12(4)The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).]

Textual Amendments

F12S. 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 [F13Commission]S

(1)The Scottish Ministers may make grants to the [F13Commission] in respect of the [F13Commission's] expenses.

(2)Scottish Water must make to the [F13Commission], in respect of the [F13Commission's] expenses, payments of such amounts, and at such times, as the Scottish Ministers may direct.

Textual Amendments

[F146AConvener of Customer Panels to investigate complaintsS

(1)The Convener of the Water Customer Consultation Panels (referred to in this Part as the “Convener”) must investigate any complaint made to the Convener, a Customer Panel or the Commission as respects any of Scottish Water's core functions by any person 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)have been, or might reasonably become, connected to either or both of those systems.

(2)Where any such complaint is made to a Customer Panel or the Commission, the Panel or (as the case may be) the Commission must refer the complaint to the Convener.

(3)The Convener need not investigate a complaint under subsection (1) if—

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

(b)it appears to the Convener that the complaint is vexatious or frivolous.

(4)The Convener 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 Convener to be relevant to the subject matter of the complaint.

(5)Where the Convener investigates a complaint referred under subsection (2), the Convener must send to the Panel or (as the case may be) the Commission a report of the investigation.

(6)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.

Textual Amendments

6BAnnual reports and information regarding Customer PanelsS

(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).

Textual Amendments

6CCo-operation between the Commission and Customer PanelsS

(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.]

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources