PART 12SCOTTISH WATER: INCIDENTAL POWERS
Power to enter40
1
Scottish Water may where necessary to comply with any duty or requirement imposed on it by virtue of Parts 4 to 9 (and without prejudice to any power otherwise exercisable by it)—
a
enter any premises to which it supplies water for the purposes of—
i
assessing or monitoring the quality of the water; or
ii
investigating or isolating anything that appears to be affecting, or may affect, the quality of the water; and
b
take any steps at the premises which are reasonably required for those purposes.
2
Paragraph (1) has effect whether the water or thing is located at the premises or elsewhere.
3
Except in an emergency, paragraph (1) authorises entry only if the occupier (if any) of the premises—
a
has consented to the intended entry for those purposes; or
b
has been given at least 24 hours' notice of the intended entry for those purposes.
4
Where Scottish Water exercises the powers conferred by paragraph (1) (“the powers”) in an emergency, the powers allow the use of reasonable force (if required).
5
In paragraph (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).
6
In paragraphs (3) and (4), “an emergency” means a case in which it appears to Scottish Water that—
a
water supplied by it to premises for human consumption purposes constitutes an imminent danger to human health; and
b
it must exercise immediately the powers conferred by paragraph (1) in order to protect human health from that danger.