Water (Scotland) Act 1980

[F1 23A Laying of mains and communication pipes by persons other than Scottish Water S

(1) Without prejudice to sections 23 and 24 (including any power under those sections to authorise the laying of mains or communication pipes on its behalf), Scottish Water may authorise a person to lay a main or communication pipe which is to connect with a main vested in it—

(a) in, under or over any road or under any cellar or vault below any road, or

(b) in, on or over any land which does not form part of a road and is not land as respects which that person is owner, lessee or occupier.

(2) Where Scottish Water gives an authorisation to any person under subsection (1) in relation to a main, subsections (1) to (2) of section 23, so far as relating to the laying of a main shall apply in respect of that person as they apply in respect of Scottish Water.

(3) Where—

(a) a main or communication pipe (not being a main pipe or laid by or on behalf of Scottish Water) is laid by any person, and

(b) the main or pipe connects with a main vested in Scottish Water,

the main or, as the case may be, the communication pipe shall vest in Scottish Water.

(4) Notwithstanding subsection (3), Scottish Water may, before the completion of a main or communication pipe to which that subsection applies, determine that the main or pipe, or any part of it, shall vest in the person who laid it and that that person shall have sole responsibility for its management, maintenance and renewal.

(5) Scottish Water shall give notice of a determination under subsection (4) to the person who laid the main or communication pipe.

(6) Where—

(a) a main or communication pipe (not being a main or pipe laid by or on behalf of Scottish Water) is laid by any person, and

(b) the main or pipe does not connect with a main vested in Scottish Water,

the main or, as the case may be, the communication pipe shall vest in the person who laid it, who shall have sole responsibility for its management, maintenance and renewal.

(7) Notwithstanding subsections (4) and (6), Scottish Water may at any time enter into an agreement under which the main or communication pipe in question, or any part of it, shall vest in it.

(8) An agreement under subsection (7) relating to a main or communication pipe to which subsection (3) applies—

(a) is subject to—

(i) the condition that the main or pipe shall vest in Scottish Water only if it complies with the construction standards specified by virtue of section 23B, so far as applicable,

(ii) such further conditions as Scottish Water may require to be included in the agreement by virtue of section 23C, and

(b) shall not take effect until the person who laid the main or pipe provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).]

Textual Amendments

F1 Ss. 23A-23C inserted (10.7.2008) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 31, 38(1) (with s. 35(2)); S.S.I. 2008/269, art. 2(b)