Water (Scotland) Act 1980

Changes over time for: Section 9

Version Superseded: 07/09/2006

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Water (Scotland) Act 1980, Section 9 is up to date with all changes known to be in force on or before 10 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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9 Supply of water for non-domestic purposes.S

(1)Subject to the following provisions of this Act, [F1Scottish Water] shall give a supply of water on reasonable terms and conditions for purposes other than domestic purposes to the owner or occupier of any premises within [F2its] limits of supply who requests [F3it] to give such a supply to those premises.

(2)[F4Scottish Water] shall not be required to give a supply of water in accordance with subsection (1) if [F5its] ability to meet existing obligations to supply water for any purposes or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose, would thereby be endangered.

(3)[F6Scottish Water] may require, as a condition of giving a supply of water under this section, that the person requesting the supply shall enter into an agreement undertaking to pay to [F7it] in respect of each year a sum not exceeding one-eighth of the cost of providing and laying the necessary mains (less any amounts received by [F8Scottish Water] in respect of water supplied whether for domestic or non-domestic purposes in that year from those mains) until the expiration of a period of 12 years or such lesser period as may appear to [F8Scottish Water] to be appropriate.

(4)Any question arising as to the terms and conditions on which water is to be supplied [F9(not being a question as respect charges for the water which is to be supplied)] under this section and any question whether [F10Scottish Water is] justified in refusing to give a supply shall in default of agreement, be referred to the Secretary of State and the Secretary of State may determine it himself or, if he thinks fit, refer it for determination by arbitration.

(5)Where [F11Scottish Water is] required to give a supply of water under this section, the powers of [F12Scottish Water] and of persons supplied or proposed to be supplied by [F13it] to lay mains and pipes for providing a supply of water for domestic purposes and to break open [F14roads] for that purpose shall apply for the purpose of the provision of a supply under this section.