The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004

4.—(1) The Gas Act 1965 is amended as follows.

(2) In section 15(11)(b) (responsibility of public gas transporter for interference with supplies of water)(1), for “a local water authority” substitute “Scottish Water”.

(3) In section 17(5) (accidents)(2)–

(a) in paragraph (a), the words “, local water authority” are repealed; and

(b) after paragraph (a), insert–

“(zaa) if it appears to them that Scottish Water will or may have duties to discharge, or will or may have to take precautionary or preventative action, in any such event, for that body,”.

(4) In section 28(1) (interpretation of Part II)(3)–

(a) in the definition of “limits of supply”, for the words “any local water authority” substitute “Scottish Water”; and

(b) the definition of “local water authority” is repealed.

(5) In Schedule 2 (storage authorisation orders)(4), in Part 4 (general application of Schedule to Scotland), in paragraph 17(a), for “local water authorities” substitute “Scottish Water”.

(6) In Schedule 4 (compulsory purchases)(5)–

(a) in paragraph 5(1)–

(i) for “persons” substitute “person”;

(ii) for “are statutory water undertakers” substitute “is Scottish Water”;

(iii) for “the statutory water undertakers” substitute “Scottish Water”; and

(iv) before “them” in both places where it occurs insert “it or”;

(b) in paragraph 5(2)–

(i) for “persons” in the first place where it occurs substitute “person”;

(ii) for “are not statutory water undertakers” substitute “is not Scottish Water”; and

(iii) for “those persons” substitute “that person”; and

(c) paragraph 9(c) is repealed.

(7) In Schedule 6 (power to enter on land and to prospect and survey)–

(a) in paragraph 2(3)(6)–

(i) for “a sewerage authority” in both places where it occurs substitute “Scottish Water”; and

(ii) for “functions” substitute “core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3)”;

(b) in paragraph 2(4)(7)–

(i) for “statutory water undertakers” substitute “Scottish Water”; and

(ii) for “the undertakers” substitute “Scottish Water”; and

(c) in paragraph 11(8), heads (b) and (c) are repealed.

(1)

Section 15(11) was amended by the Water (Scotland) Act 1980 (c. 45), section 112(1) and Schedule 10, Part 2.

(2)

Section 17(5) was amended by the Water Act 1989 (c. 15), section 190(1) and Schedule 25, paragraph 32(4); the Gas Act 1995 (c. 45), section 16(1) and Schedule 4, paragraph 7(1); and S.I. 1996/973.

(3)

In section 28(1), the definition of “local water authority” was substituted by the Water (Scotland) Act 1980 (c. 45), section 112(1) and Schedule 10, Part 2.

(4)

Schedule 2, Part 4 was amended by S.I. 1996/973.

(5)

Paragraph 5 was amended by the Gas Act 1986 (c. 44), section 67 and Schedule 7, paragraph 6(2).

(6)

Paragraph 2(3) was amended by the Water Act 1989 (c. 15), section 190(1) and Schedule 25, paragraph 39(9).

(7)

Paragraph 2(4) was amended by the Water Act 1989 (c. 15), section 190(1) and Schedule 25, paragraph 39(9).

(8)

Paragraph 11 was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 66(3) and by S.I. 1996/973.