76E Enforcement of sections 76A to 76D.S
(1)This section applies to enforcement of the duties of [F1Scottish Water] under sections 76A and 76D(1) and under regulations made under section 76B.
(2)Without prejudice to its generality, section 11 above (power of Secretary of State to make a default order) shall have effect, subject to the following provisions of this section, for the enforcement by the Secretary of State of the duties referred to in subsection (1) above.
[F2(2A)The reference in subsection (2) of section 11 to “such a failure on the part of Scottish Water” is to be construed as a reference to a failure by Scottish Water in any of the duties referred to in subsection (1) above.]
(3)The Secretary of State may make an order under subsection (2) of section 11 without having caused a local inquiry to be held into the matter.
[F3(3A)Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.]
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 76E(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 53(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2S. 76E(2A) inserted (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(a)(i) (with reg. 1(3)(4))
F3S. 76E(3A) inserted (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(a)(ii) (with reg. 1(3)(4))
F4S. 76E(4) repealed (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 48(a)(iii) (with reg. 1(3)(4))