Part 1 Water Industry Commissioner and F24the representation of consumers
1F1Water 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.
F132 Water Customer Consultation Panels
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2AF23F26Citizens Advice Scotland representations
1
This section applies where F27Citizens Advice Scotland has exercised a function under section 8(1) of the Consumers, Estate Agents and Redress Act 2007 (c. 17) (representative functions) in relation to the activities of Scottish Water.
2
The persons listed in subsection (4) must have regard to any advice, information, proposal or representation made to them by F28Citizens Advice Scotland under section 8(1) of that Act.
3
Any persons listed in subsection (4) to whom a proposal is made under section 8(1)(b) of that Act must, within 6 months of receipt, publish a summary of their responses to the proposal.
4
The persons are—
a
the Scottish Ministers,
b
Scottish Water,
c
the Water Industry Commission,
d
the Drinking Water Quality Regulator for Scotland,
e
the Scottish Environment Protection Agency.
3 Functions of the Commissioner
F101
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F102
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F103
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F104
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F105
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6
The F2Commission is to advise the Scottish Ministers on any matter which appears to the F2Commission or to them to relate to—
a
the standard of service provided by Scottish Water to F3persons 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 F4Scottish 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
4 Power of the Commissioner to require information
1
F52
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.
F144
5 Annual reports by, and information from, the Commissioner
1
The F8Commission 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 F8Commission'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—
3
A report under subsection (1)(a) must set out any directions under section 1 which have been given to the F8Commission during the period to which the report relates.
F74
The Scottish Ministers must lay before the Parliament a copy of each report submitted to them under subsection (1)(a).
6 Funding of the F9CommissionF25and F32Consumer Scotland
1
2
F192A
2B
Before making a direction under subsection (2A), the Scottish Ministers must consult F35Consumer Scotland.
F206AConvener of Customer Panels to investigate complaints
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F216BAnnual reports and information regarding Customer Panels
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F226CCo-operation between the Commission and Customer Panels
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Words in Pt. 1 title substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 7; S.S.I. 2011/278, art. 2(d)