The Private Water Supplies (Grants) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

Section 47 of the Local Government in Scotland Act 2003 (asp 1) (“the 2003 Act”) requires local authorities to pay grants to eligible persons to enable them to improve their private water supply or to provide themselves with such a supply. These Regulations provide for the persons to whom, and the circumstances in which, a grant may be payable as well as the procedures for determining applications for a grant and its calculation.

Regulation 3 sets out who may be eligible for a grant (an “eligible person”).

Regulation 4 makes provision in relation to the information to be provided in, or in connection with, an application for a grant.

Regulation 5 specifies the purposes in respect of which a grant is available.

Regulation 6 sets out a local authority’s power to determine an application for a grant and provides for the notification of its decisions concerning the application. The local authority can approve or refuse an application or vary or revoke an approval of grant, subject to appropriate conditions. In approving an application, the local authority should specify the approved works in respect of which the grant is payable to carry out approved expenditure.

Regulation 8 provides for the amount of grant which is available (which will be the lower of £800 or the amount of approved expenditure). In a case of undue hardship, a local authority may make a grant in excess of that amount.

Regulation 9 makes provision in relation to the payment of the grant, which can be by instalments, as well as provision for a further grant to be paid in certain circumstances.

Regulation 10 specifies the persons or premises in respect of which a grant is not payable.

Regulation 11 makes provision to enable a local authority to re-calculate, withhold or recover any grant, where the circumstances specified in paragraph (1) of that Regulation apply.