Part 8Miscellaneous

I147Power to provide funds for private water supplies

1

It is the duty of a local authority to make grants to eligible persons for the purpose of enabling them to improve their private water supply or to provide themselves with a private water supply.

2

In this section—

  • “eligible persons” are such persons as are or persons of such class as is prescribed by regulations; and

  • “private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002 (asp 3)).

3

The Scottish Ministers may, by regulations—

a

prescribe the conditions which may, must, or must not be imposed in relation to grants made under this section;

b

prescribe the procedures which must be followed by eligible persons in making applications for those grants and by local authorities when considering such applications and making payments of those grants;

c

provide for the payment of those grants, in such cases as are specified in the regulations, to persons other than the applicants;

d

provide for the calculation of those grants;

e

fix, or provide for the fixing of, maximum amounts for those grants;

f

provide for the delegation of any function of a local authority under this section to any person specified , or referred to, in the regulations;

g

repeal, or suspend the effect of, subsection (1) above;

h

make provision incidental or supplemental to that made under paragraphs (a) to (g) above.

4

Regulations under this section may make different provision for different cases or different classes of case.

5

The power to make regulations under this section is exercisable by statutory instrument which shall, subject to subsection (6) below, be subject to annulment in pursuance of a resolution of the Scottish Parliament.

6

No regulations under this section which repeal, or suspend the effect of, subsection (1) above are to be made unless a draft of the instrument containing them has been approved by resolution of the Scottish Parliament.

7

The Scottish Ministers shall make grants to local authorities in respect of their expenditure reasonably incurred in making grants under this section.