Water (Scotland) Act 1980

Part II S Duties of Water Authorities

F1 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 3 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F2 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F2 S. 4 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F3 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F3 S. 5 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

6 Duty of authority to provide supply. S

(1) It shall be the duty of [F4 Scottish Water] to provide a supply of wholesome water to every part of [F5 its] limits of supply where a supply of water is required for domestic purposes and can be provided at a reasonable cost.

(2) Without prejudice to the generality of subsection (1), [F6 Scottish Water] shall provide a supply of wholesome water in pipes to every part of [F7 its] limits of supply where a supply of water is required for domestic purposes and shall [F8 , subject to subsection (2A),] take the pipes affording that supply to such point or points as will enable the buildings for which a supply is required for domestic purposes to be connected thereto at a reasonable cost; but this subsection shall not require [F9 Scottish Water] to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of [F7 its] limits of supply where such a supply is already available at such point or points.

[F10 (2A) Subsection (2), so far as requiring Scottish Water to take pipes to the point or points referred to in that subsection, shall not apply for so long as there is inforce an agreement between Scottish Water and some other person for that person to take the pipes referred to in that subsection to that point or those points.

(2B) Subsections (1) and (2), so far as excepting from the duties under those subsections things which cannot be done at a reasonable cost, shall not apply tosuch cases or descriptions of case as the Scottish Ministers may direct.

(2C) In determining what is a reasonable cost for the purpose of subsection (2) so far as excepting from the duty under that subsection things which cannot be done at areasonable cost, the costs to be taken into account include the costs of—

(a) constructing such other water mains, communication pipes and other waterworks, and

(b) carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in that subsection.

(2D) Subject to subsection (2C), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations madeby the Scottish Ministers.

(2E) Such regulations may, in particular, make provision as to—

(a) the matters to be taken into, or left out of, account,

(b) the criteria to be applied,

(c) the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.]

(3) If any question arises under this section as to—

[F11 (za) whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or]

(a) whether a supply of water can be provided at a reasonable cost, or

(b) whether anything is or is not practicable at a reasonable cost, or

(c) the point or points to which pipes must be taken in order to enable buildings to be connected therewith at a reasonable cost,

the [F12 Water Industry Commission for Scotland], if requested to do so by [F13 any person aggrieved], shall, after [F13 consultation with that person and with [F14 Scottish Water]], determine that question and [F15 Scottish Water] shall give effect to [F16 its] determination.

[F17 (3A) The Commission—

(a) shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (3), and

(b) may from time to time revise the statement.

(3B) In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.

(3C) The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.]

(4) [F18 Scottish Water] shall also provide a supply of water for the purpose of complying with any other obligation imposed on [F19 it] by this Act and may, if [F20 it thinks] fit, provide a supply to enable [F21 it] to exercise any of the powers conferred on [F21 it] by this Act or for any other purpose which [F22 it considers] is in the interests of the area comprising [F23 its] limits of supply.

[F24 (5) The duties imposed by subsections (1), (2) and (4) shall not require Scottish Water to do anything which is prejudicial to its compliance with—

(a) any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or

(b) a statement of policy issued under section 29D of that Act.]

Textual Amendments

F4 Words in s. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5 Word in s. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Words in s. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7 Word in s. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8 Words in s. 6(2) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 29(6) (with s. 39(2)); S.S.I. 2006/55, art. 2

F9 Words in s. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10 S. 6(2A)-(2E) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 29(7) (with s. 35(2)); S.S.I. 2006/55, art. 2

F11 S. 6(3)(za) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 29(8) (with s. 35(2)); S.S.I. 2006/55, art. 2

F12 Words in s. 6(3) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 23(2)(a)(i), 37(2) (with s. 36); S.S.I. 2006/167, art. 2, Sch. 1

F13 Words in s. 6(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(3); S.I. 1996/323, art. 4(1)(c)

F14 Words in s. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F15 Words in s. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F16 Word in s. 6(3) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 23(2)(a)(ii), 37(2) (with s. 36); S.S.I. 2006/167, art. 2, Sch. 1

F17 S. 6(3A)-(3C) inserted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 23(2)(b), 37(2) (with s. 36); S.S.I. 2006/167, art. 2, Sch. 1

F18 Words in s. 6(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F19 Words in s. 6(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F20 Words in s. 6(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(5)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F21 Word in s. 6(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F22 Words in s. 6(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(5)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)

F23 Word in s. 6(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 3(5)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)

F24 S. 6(5) added (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 24(2) (with s. 36); S.S.I. 2005/351, art. 2, Sch. 2

7 Supply of water for domestic purposes. S

(1) In this Act a supply of water for domestic purposes means a sufficient supply for drinking, washing, cooking, central heating and sanitary purposes but not for any bath having a capacity in excess of 100 gallons, and includes—

(a) a supply for the purposes of any profession carried on in any premises the greater part of which is used as a house; and

(b) where the water is drawn from a tap inside a house and no hosepipe or similar apparatus is used, a supply for watering a garden, for horses kept for private use and for washing vehicles kept for private use.

(2) A supply of water under subsection (1) does not include a supply of water for the business of a laundry, or any business of preparing food or beverages for consumption otherwise than on the premises.

(3) “Domestic purposes” in any local enactment relating to the supply of water shall be construed in accordance with sub-sections (1) and (2).

8 Water supplied for domestic purposes to be wholesome. S

[F25 Scottish Water] shall provide in [F26 its] mains and communication pipes a supply of wholesome water sufficient for the domestic purposes of all owners and occupiers of premises within [F26 its] limits of supply who are entitled to a supply for those purposes.

Textual Amendments

F25 Words in s. 8 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 4(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F26 Word in s. 8 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 4(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

9 Supply of water for non-domestic purposes. S

(1) Subject to the following provisions of this Act, [F27 Scottish Water] shall give a supply of water on reasonable terms and conditions for purposes other than domestic purposes to the owner or occupier of any premises within [F28 its] limits of supply who requests [F29 it] to give such a supply to those premises.

(2) [F30 Scottish Water] shall not be required to give a supply of water in accordance with subsection (1) if [F31 its] ability to meet existing obligations to supply water for any purposes or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose, would thereby be endangered.

[F32 (2A) Where a supply of water has been made to premises under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3)but—

(a) the arrangements for the supply (made between the occupier of the premises and the water services provider who made the related request under subsection (1)of that section in respect of the premises) are at an end, or are to come to an end, in consequence of non-payment of charges owed to the provider in relation to the watersupplied; or

(b) the supply is discontinued (or is to be discontinued) under section 18(5) of that Act,

Scottish Water shall not be required to give a supply of water to the premises in accordance with subsection (1) if it is of the opinion that there is noreasonable prospect of recovering the charges (or any significant proportion of the charges) which it would be entitled to recover in relation to that supply of waterwere it given.

(2B) Where Scottish Water decides, by virtue of subsection (2A), not to give a supply of water to premises, the occupier of the premises may by notice require the WaterIndustry Commission for Scotland to review that decision.

(2C) In a review under subsection (2B), the Commission may, having regard to any representations made to it by the parties—

(a) confirm the decision of Scottish Water; or

(b) direct Scottish Water to give a supply of water to the premises in accordance with subsection (1),

and the determination of the Commission in the review shall be final.]

(3) [F33 Scottish Water] may require, as a condition of giving a supply of water under this section, that the person requesting the supply shall enter into an agreement undertaking to pay to [F34 it] in respect of each year a sum not exceeding one-eighth of the cost of providing and laying the necessary mains (less any amounts received by [F35 Scottish Water] in respect of water supplied whether for domestic or non-domestic purposes in that year from those mains) until the expiration of a period of 12 years or such lesser period as may appear to [F35 Scottish Water] to be appropriate.

(4) Any question arising as to the terms and conditions on which water is to be supplied [F36 (not being a question as respect charges for the water which is to be supplied)] under this section and any question whether [F37 Scottish Water is] justified in refusing to give a supply shall in default of agreement, be referred to the Secretary of State and the Secretary of State may determine it himself or, if he thinks fit, refer it for determination by arbitration.

(5) Where [F38 Scottish Water is] required to give a supply of water under this section, the powers of [F39 Scottish Water] and of persons supplied or proposed to be supplied by [F40 it] to lay mains and pipes for providing a supply of water for domestic purposes and to break open [F41 roads] for that purpose shall apply for the purpose of the provision of a supply under this section.

F42 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Words in s. 9(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F28 Word in s. 91(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F29 Word in s. 9(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F30 Words in s. 9(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F31 Word in s. 9(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F32 S. 9(2A)-(2C) inserted (7.9.2006) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 17(4) (with s. 76); S.S.I. 2006/445, art. 2, Sch.

F33 Words in s. 9(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F34 Word in s. 9(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F35 Words in s. 9(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(4)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F36 Words in s. 9(4) inserted (1.4.1996) by 1994 c. 39, s. 105; S.I. 1996/323, art. 4(1)(a), Sch. 1

F37 Words in s. 9(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(5) (with s. 67); S.S.I. 2002/118, art. 2(3)

F38 Words in s. 9(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(6)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F39 Words in s. 9(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(6)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F40 Word in s. 9(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 5(6)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F41 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(2)

F42 S. 9(6) repealed (1.4.1996) by Local Government Finance Act 1992 (c. 14), s. 117(2), Sch. 14 (with s. 118(1)(2)(4)); S.I. 1996/918, art. 2(b)(ii)

[F43 9A

[F44 (1)] [F45 Notwithstanding anything in section 9] of this Act, no charge may be made by [F46 Scottish Water] in respect of—

[F47 (a) water taken for the purpose of extinguishing fires or taken by [F48 the Scottish Fire and Rescue Service ] for any other emergency purposes;

(b) water taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; or

(c) the availability of water for any purpose mentioned in paragraph (a) or (b) above:]

Provided that nothing in this section shall prevent the making of charges in respect of work carried out at the request of or for the benefit of any person receiving a supply of water for the said purposes.]

[F49 (2) Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.]

Textual Amendments

F43 S. 9A added by Local Government and Planning (Scotland) Act 1982 (c.43, SIF 81:2), s. 59

F44 S. 9A renumbered as s. 9A(1) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(4)(b); S.I. 1996/323, art. 4(1)(c)

F45 Words in s. 9A substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(4)(a); S.I. 1996/323, art. 4(1)(c)

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

F47 S. 9A(a)(b)(c) substituted (6.3.1992) for paras. (a)(b) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11, Pt. IV, para. 29(b) (with s. 118(1)(2)(4))

F48 Words in s. 9A(1)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 51(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F49 S. 9A(2) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(4)(c); S.I. 1996/323, art. 4(1)(c)

10 Compensation for damage resulting from exercise of powers. S

(1) Subject to the provisions of this section, a [F50 local authority] or [F51 Scottish Water] F52 . . . shall make full compensation to any person who has sustained damage by reason of the exercise by them [F53 or it] of any of their [F54 or its] powers under this Act in relation to a matter as to which he has not himself been in default.

[F55 (1A) The escape of water, however caused, F56 . . . from one of [F57 Scottish Water’s] F56 . . . communication [F58 or supply] pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by [F59 it] of powers under this Act.]

(2) Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration.

(3) A claim for compensation under this section shall not be maintainable unless it is made within [F60 24] months after the date on which it is alleged to have arisen.

(4) The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation.

[F61 (5) Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—

(a) statutory undertakers as defined in [F62 section 214 of the Town and Country Planning (Scotland) Act 1997];

[F63 (b) roads authorities as defined in section 151(1) of the M1 Roads (Scotland) Act 1984;]

(c) bridge authorities [F64 as defined in section 147 of the New Roads and Street Works Act 1991;]

[F65 (d) road works authority as defined in section 108 of the New Roads and Street Works Act 1991;]

(e) persons on whom a right to compensation under section [F66 141 of the said Act of 1991] is conferred.

F67 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F50 Words in s. 10(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(a)(i); S.I. 1996/323, art. 4(1)(c)

F51 Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 7(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F52 Words in s. 10(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(5)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F53 Words in s. 10(1) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 7(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F54 Words in s. 10(1) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 7(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F55 S. 10(1A) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 57(a)

F56 Words in s. 10(1A) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(5)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F57 Words in s. 10(1A) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 7(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F58 Words in s. 10(1A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(b)(ii); S.I. 1996/323, art. 4(1)(c)

F59 Word in s. 10(1A) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 7(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F60 Words in s. 10(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(c); S.I. 1996/323, art. 4(1)(c)

F61 S. 10(5)(6) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 57(b)

F62 Words in s. 10(5)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 30(1)

F63 S. 10(5)(b) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(3)(a)

F64 Words in s. 10(5)(c) 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(2)(a); S.I. 1992/2990, art. 2(2), Sch. 2

F65 S. 10(5)(d) substituted (1.1.1993) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(2)(b); S.I. 1992/2990, art. 2(2), Sch. 2

F66 Words in s. 10(5)(e) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(d); S.I. 1994/2850, art. 3

F67 S. 10(6) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(5)(e), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

Modifications etc. (not altering text)

C1 S. 10 modified (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 45 (with reg. 1(3)(4))

Marginal Citations

M1 1984 c. 54 (59, 108).

11 Power of Secretary of State on default of authority or board. S

(1) If—

(a) a complaint is made to the Secretary of State that [F68 Scottish Water has] failed—

(i) to do anything which [F69 it is] required to do by or under this Act,

(ii) to give an adequate supply of water either as respects quantity or quality within [F70 its limits of supply, or has] failed to give any supply which [F71 it has] been lawfully required to give, or

(iii) to take such steps as are in the circumstances reasonable to obtain new powers or to extend [F72 its] existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or

(b) the Secretary of State is of opinion that an investigation should be made as to whether [F73 Scottish Water has] failed in any of those matters,

he may cause a local inquiry to be held into the matter.

(2) If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of [F74 Scottish Water] , he may make an order declaring [F75 it] to be in default and directing [F75 it] for the purpose of remedying the default to discharge such of [F76 its] functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend [F77 its] existing powers.

(3) If [F78 Scottish Water fails] to comply with any requirements of [F79 an order made under subsection (2)] within the time specified therein for compliance with that requirement—

(a) F80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F81 or]

(b) the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.

(4) F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F69 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F70 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F71 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)

F72 Word in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)

F73 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(2)(f) (with s. 67); S.S.I. 2002/118, art. 2(3)

F74 Words in s. 11(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F75 Word in s. 11(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F76 Word in s. 11(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F77 Word in s. 11(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F78 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F79 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F80 S. 11(3)(a) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(4)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F81 By Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(4)(c) (with s. 67); S.S.I. 2002/118, art. 2(3) it is provided that the word "and" following s. 11(3)(a) is repealed (1.4.2002)

F82 S. 11(4)-(7) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 8(5) (with s. 67); S.S.I. 2002/118, art. 2(3)

Modifications etc. (not altering text)

C2 S. 11 extended (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1, 130), s. 20(6)(b)

C3 S. 11: Transfer of functions (temp. from 6.5.1999 until 1.7.1999) by S.I. 1999/901, arts. 2, 5, Sch.; S.I. 1998/3178, art. 3

C4 S. 11 modified (1.1.2015) by The Public Water Supplies (Scotland) Regulations 2014 (S.S.I. 2014/364), regs. 1(1), 46(2) (with reg. 1(3)(4))