The Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 1 of the Sewerage (Scotland) Act 1968 and section 6 of the Water (Scotland) Act 1980 respectively require Scottish Water to extend the public sewerage and water supply systems to the point or points at which premises can be connected at reasonable cost. The duties to extend the public networks are however subject to the exception that Scottish Water is not required to do anything which is not practicable at reasonable cost. Any question as to what is a reasonable cost under section 1 of the 1968 Act or section 6 of the 1980 Act is to be determined in accordance with these Regulations.

Regulation 2 makes provision for determining what is a reasonable cost of connection to the owner of the premises, in the context of identifying the point or points to which Scottish Water is under a duty to extend the network.

Regulation 3 makes provision for the determination of the reasonable cost to Scottish Water of making a connection, in the context of determining what may or may not be practicable at reasonable cost.

Regulation 4 makes provision for determining the reasonable cost to Scottish Water of new connections to the public sewerage system. In respect of dwellings, the reasonable cost is the lower of either the cost calculated in accordance with regulation 6 or the figure specified for the relevant financial year in the Table in Part 1 of Schedule 1, increased by the relevant percentage increase. The relevant percentage increase reflects changes in the annual retail price index for the month of October.

In respect of premises other than dwellings, the reasonable cost is the lower of the cost calculated in accordance with regulation 6 or the figure specified in the appropriate column of the Table for the relevant financial year in Part 1 of Schedule 2, increased by the relevant percentage increase. The Tables identify the reasonable cost by reference to the water and sewerage facilities which will be available in the premises once it is connected to the public networks and by reference to the number of employees who will be using those facilities.

Regulation 5 makes provision for determining the reasonable cost to Scottish Water of new connections to the public water supply system. In respect of dwellings, the reasonable cost is the lower of either the cost calculated in accordance with regulation 7 or the figure specified for the relevant financial year in the Table in Part 2 of Schedule 1, increased by the relevant percentage increase.

In respect of premises other than dwellings, the reasonable cost is the lower of the cost calculated in accordance with regulation 7 or the figure specified in the appropriate column of the Table for the relevant financial year in Part 2 of Schedule 2, increased by the relevant percentage increase. As in Part 1 of Schedule 2, the Tables identify the reasonable cost by reference to the number of employees and the available water and sewerage facilities.

Regulations 6 and 7 specify the matters to be taken into, or left out of, account when calculating the respective costs of a connection to the public sewerage and water supply systems.

Regulation 8 revokes the Provision of Water and Sewerage (Reasonable Cost) (Scotland) Regulations 2006.