Water (Scotland) Act 1980

Part II S

Modifications etc. (not altering text)

C1 Sch. 3 Pt. II (paras. 4–9) applied with modifications by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 170A(5) (as inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 102, Sch. 13)

Provisions as to laying communication and supply pipes, etc. S

Power to lay service pipes, etc. S

4 (1) [F1 Scottish Water] may in any [F2 road] lay such service pipes with such stopcocks and other fittings as [F3 it deems] necessary for supplying water to premises F4 , and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a [F2 road] whether by virtue of this section or otherwise:

Provided that before exercising any of the powers conferred by this paragraph, [F5 Scottish Water] shall, except in cases of emergency arising from defects in any existing pipes, plant or works, give [F6 such] notice, to [F7 —

(i)

where the road is a public road, the roads authority; and

(ii)

in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the road][F8 as would require to be given by an undertaker under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of works) in accordance with that section and with section 156 of that Act (service of notice)].

(2) Where a service pipe has been lawfully laid in, on or over any land not forming part of a [F9 road], [F10 Scottish Water] may from time to time enter upon that land and inspect, repair, alter, renew or remove the then existing pipe or lay a new pipe in substitution therefor, but shall pay compensation for any damage done by them.

Any dispute as to the amount of compensation to be paid under this sub-paragraph shall be determined by arbitration.

Textual Amendments

F1 Words in Sch. 3 para. 4(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(i)

F3 Words in Sch. 3 para. 4(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4 Words in Sch. 3 para. 4(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(56)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F5 Words in Sch. 3 para. 4(1) in proviso substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Word "such" in Sch. 3 para. 4 substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(7)(b); S.I. 1992/2990, art. 2(2), Sch. 2

F7 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(i)

F8 Words in Sch. 3 para. 4 added (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(7)(b); S.I. 1992/2990, art. 2(2), Sch. 2

F9 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(ii)

F10 Words in Sch. 3 para. 4(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

Laying of supply pipes, etc. S

5 An owner or occupier of any premises F11 who desires to have a supply of water for his domestic purposes from the waterworks of [F12 Scottish Water] shall, subject as hereinafter provided, comply with the following requirements:

(a) he shall give to [F13 Scottish Water] 14 days’ notice of his intention to lay the necessary supply pipe; and

(b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a [F14 road], the consent of the owners and occupiers thereof:

Provided that, where any part of the supply pipe is to be laid in a [F14 road], he shall not himself break open the [F14 road] or lay that part of the pipe.

Textual Amendments

F11 Words in Sch. 3 para. 5 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(56)(d)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F12 Words in Sch. 3 para. 5 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F13 Words in Sch. 3 para. 5 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F14 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(e)

Laying of communication pipes, etc. S

6 (1) Upon receipt of such a notice as is referred to in the last foregoing paragraph, [F15 Scottish Water] shall, within 14 days after the person by whom the notice was given has laid a supply pipe in accordance with the provisions of the last foregoing paragraph, lay the necessary communication pipe and any part of the supply pipe which is to be laid in a [F16 road] and shall connect the communication pipe with the supply pipe:

Provided that, where any part of the supply pipe is to be laid in a [F16 road], [F17 it] may elect to lay a main in the [F16 road] for such distance as [F18 it thinks] fit in lieu of a supply pipe, and in that case shall lay a communication pipe from that main and connect it with the supply pipe.

(2) The whole, or such part as [F19 Scottish Water] may think fit, of the expenses reasonably incurred by [F20 Scottish Water] in executing the work which [F21 it is] required or authorised by this paragraph to execute shall be repaid to [F22 it] by the person by whom the notice was given and may be recovered by [F22 it] from him:

Provided that, if under the provisions of this paragraph [F23 Scottish Water lays] a main in lieu of part of a supply pipe, the additional cost incurred in laying a main instead of a supply pipe shall be borne by [F22 it] .

(3) Notwithstanding anything in the foregoing provisions of this paragraph, [F24 where such a notice as aforesaid is given to Scottish Water, it] may, within seven days after the receipt thereof, require the person giving the notice either to pay to [F25 it] in advance the cost of the work, as estimated by [F26 its] engineer, or to give security for payment thereof to [F26 its] satisfaction, and, where [F27 it makes] such a requirement, the period of 14 days referred to in sub-paragraph (1) of this paragraph shall not commence to run until the requirement has been complied with.

If any payment so made to [F28 Scottish Water] exceeds the expenses which under the foregoing provisions of this paragraph [F29 it] would be entitled to recover from the person giving the notice, the excess shall be repaid by [F25 it] , and, if and so far as those expenses are not covered by the payment, [F29 it] may recover the balance from him.

Textual Amendments

F15 Words in Sch. 3 para. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F16 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(e)

F17 Word in Sch. 3 para. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F18 Words in Sch. 3 para. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F19 Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F20 Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F21 Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F22 Word in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3)

F23 Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(v) (with s. 67); S.S.I. 2002/118, art. 2(3)

F24 Words in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F25 Word in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F26 Word in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F27 Words in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3)

F28 Words in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(v) (with s. 67); S.S.I. 2002/118, art. 2(3)

F29 Word in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(vi) (with s. 67); S.S.I. 2002/118, art. 2(3)

Power of authority to require separate service pipes. S

7 (1) Subject to the provisions of this paragraph [F30 Scottish Water] may require the provision of a separate service pipe for each house supplied, or to be supplied by [F31 it] , with water.

(2) If, in the case of a house already supplied with water but not having a separate service pipe, [F32 Scottish Water gives] notice to the owner of the house, requiring the provision of such a pipe, the owner shall within [F33 such period of not less than three months as the notice shall specify] lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a [F34 road], and [F35 Scottish Water] shall, within 14 days after he has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a [F34 road] and make all necessary connections.

(3) If an owner upon whom a notice has been served under the last foregoing sub-paragraph fails to comply therewith, [F36 Scottish Water] may [F37 itself] execute the work which he was required to execute.

(4) The expenses reasonably incurred by [F38 Scottish Water] in executing the work which [F39 it is] required by sub-paragraph (2) to execute, or which [F39 it is] empowered by the last foregoing sub-paragraph to execute, shall be repaid to [F40 it] by the owner of the house and may be recovered by [F40 it] from him, but without prejudice to the rights and obligations as between themselves, of the owner and occupier of the house.

(5) Where two or more houses are being supplied with water by a single service pipe, [F41 Scottish Water] shall not require the provision of separate service pipes for those houses until F42 —

(a) the existing supply pipe becomes so defective as to require renewal, or is no longer sufficient to meet the requirements of the houses; or

(b) the houses are, by structural alterations to one or more of them, converted into a larger number of houses. [F43 ; or

(c) the owner or occupier of any of the houses has interfered with, or allowed another person to interfere with, the existing service pipe or the stop-cock fixed to that pipe and has thereby caused the supply of water to any of the houses to be interfered with; or

(d) [F44 Scottish Water has] reasonable grounds to believe that such interference as is mentioned in (c) above is likely to take place.]

Textual Amendments

F30 Words in Sch. 3 para. 7(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F31 Word in Sch. 3 para. 7(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F32 Words in Sch. 3 para. 7(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F33 Words in Sch. 3 para. 7(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F34 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(e)

F35 Words in Sch. 3 para. 7(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F36 Words in Sch. 3 para. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(c)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F37 Word in Sch. 3 para. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F38 Words in Sch. 3 para. 7(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(d)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F39 Words in Sch. 3 para. 7(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(d)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F40 Word in Sch. 3 para. 7(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(d)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F41 Words in Sch. 3 para. 7(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(e)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F42 Word repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 58(a), Sch. 4 Pt. I

F43 Word and subparas.(c)(d) added by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 58(b)

F44 Words in Sch. 3 para. 7(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(e)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F45 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 3 para. 8 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(56)(e), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

Provisions as to the position of stopcocks. S

9 (1) On every service pipe laid after 16th May 1946 [F46 Scottish Water] shall, and on every service pipe laid before that date [F46 Scottish Water] may, fit a stopcock enclosed in a covered box, or pit, of such size as may be reasonably necessary.

(2) Every stopcock fitted on a service pipe after 16th May 1946 shall be placed in such position as [F47 Scottish Water deems] most convenient:

Provided that—

(a) a stopcock in private premises shall be placed as near as is reasonably practicable to the [F48 road] from which the service pipe enters those premises; and

(b) a stopcock in a [F48 road] shall, after consultation with the [F49 roads] authority concerned, be placed as near to the boundary thereof as is reasonably practicable.

Textual Amendments

F46 Words in Sch. 3 para. 9(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(8)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F47 Words in Sch. 3 para. 9(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(8)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F48 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(f)(i)

F49 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(f)(ii)