Part IVS Finance

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

Textual Amendments

F240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F441A Supply of water by meter.S

The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon—

(a)the payment by the occupier of any reasonable charges made by [F5Scottish Water] under section 35 of this Act; and

(b)the acceptance by him of such reasonable terms and conditions as may be published by [F6Scottish Water] under section 55(1) of this Act,

and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration.]

Textual Amendments

F4S. 41A substituted (1.4.1996) by 1994 c. 39, s. 112 (with s. 74(4)); S.I. 1996/323, art. 4(1)(c)

F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F843. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

44, 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9S

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F1046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

47 Domestic water rate in certain cases.S

[F11(1)Subject to section 41A of this Act, no charge shall be fixed, demanded or recovered for a supply of water to premises to which a water authority were, immediately before 16th May 1949, by virtue of any enactment or agreement, under an obligation to provide such a supply free of charge.]

(2)Where by virtue of any local enactment in force immediately before 16th May 1949 the domestic water rate was [F12, for a period specified in that enactment, leviable in any area so specified] at an amount per pound determined by the local enactment (whether as an amount per pound [F12so specified] or as an amount per pound being a proportion so specified of the amount per pound at which the domestic water rate would otherwise be payable, or otherwise), [F13any charge payable in the area in question for a supply of water in any period commencing after 31st March 1996 (the “transfer date” for the purposes of Part II of the Local Government etc. (Scotland) Act 1994 and of this subsection) shall, during the period so specified, bear the same proportion to the charge which (but for this subsection) would be payablefor that supply under a charges scheme, as the non-domestic water rate payable there as at the transfer date by virtue of the local enactment and of this subsection (as it had effect on the transfer date) bore to the non-domestic water rate which would otherwise have been payable.]

(3)[F14Where, by virtue of any enactment or agreement in force immediately before 16th May 1949, a water authority were under an obligation to provide a supply of water to any premises] on terms more favourable to the person having the vested interest in the obligation than those which, apart from the obligation, would have been applicable under the enactments in force immediately before that date relating to the supply of water by the authority in the limits of supply in which the premises are situated, F15 the supply shall continue to be provided on the following, and no other, terms, that is to say—

(a)where immediately before 16th May 1949 there was leviable under such an enactment a rate other than a public water rate, on such terms as may be agreed between the authority and the person having the vested interest in the obligation;

(b)in any other case on the terms on which immediately before that date it was provided under the enactment or agreement.

(4)In determining for the purposes of the foregoing provisions of this section whether a supply of water provided under any enactment or agreement in force immediately before 16th May 1949 was provided free of charge or was such a supply as is mentioned in subsection (3), or in determining the sum which by virtue of that subsection is to be paid in respect of such a supply, no account shall be taken of any public water rate levied under any such enactment in respect of the premises so supplied or of any undertaking (other than an undertaking to pay a rate or a charge) entered into by the person having the vested interest in the obligation in consideration of which the supply was provided.

(5)Any question arising under this section whether a water authority are required to provide a supply of water free of charge, or whether a supply is such a supply as is mentioned in subsection (3), or as to the terms on which a supply was provided immediately before 16th May 1949, or on which by virtue of this section a supply is to continue to be provided or otherwise, 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, may refer it for determination by arbitration.

(6)In this section the expression “public water rate” means in relation to any supply any rate called the public water rate in the local enactment by virtue of which the supply is provided on special terms.

[F16(7)Nothing in subsection (1) shall be construed as continuing any exemption, and nothing in subsection (3) as continuing any advantage, where under the enactment or agreement in question the obligation which gives rise to the exemption or advantage ceases to exist.]

Textual Amendments

F1748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F1849. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

50 Power to require supply by meter.S

[F19(1)][F20Scottish Water] shall not be bound to supply with water otherwise than by meter—

(a)any premises whereof part is used as a dwelling house and part for any business, trade or manufacturing purpose for which water is required;

(b)any public institution, hospital, asylum F21. . . , sanatorium, school, club, hostel, camp, assembly hall, place of public entertainment, hotel or restaurant or any licensed premises for which a licence is required under the M1Licensing (Scotland) Act 1976;

[F22(bb)accommodation provided by a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8);]

(c)any boarding-house capable of accommodating 12 or more persons, including the persons usually resident therein; F23. . .

(d)any premises which are used solely for business, trade or manufacturing purposes and in which a supply of water for domestic purposes only is required.[F24; or

(e)any other premises specified, or of a description specified, in an order made by the Scottish Ministers.

(2)Before making an order under subsection (1)(e) the Scottish Ministers shall consult such persons as they think fit.

(3)The power to make such an order shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F21Words in s. 50(b) repealed (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 8(a); S.S.I. 2002/162, arts. 1(1), 2(f)(h)

F24S. 50(1)(e)(2)(3) and preceding word inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 32(4) (with s. 67); S.S.I. 2002/118, art. 2(3)

Marginal Citations

51 Power to require supplies for refrigerating apparatus, etc., to be taken by meter.S

Where a person who takes a supply of water for domestic purposes from [F25Scottish Water] otherwise than by meter desires to use any of the water so supplied—

(a)for operating a water-cooled or refrigerating apparatus;

(b)for operating any apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating the water; or

(c)for cleaning, regenerating or supplying motive power to an apparatus used for softening water,

[F26Scottish Water] may require that all water so supplied shall be taken by meter.

Textual Amendments

52 Power to require supply for hose pipe to be taken by meter.S

Where water which [F27Scottish Water supplies] for domestic purposes is used by means of a hosepipe or similar apparatus for watering a garden or for horses, washing vehicles or other purposes in stables, garages or other premises where horses or vehicles are kept, [F28Scottish Water] may require that all water so supplied shall be taken by meter.

Textual Amendments

53 Provision as to supply to tents, vans, sheds, etc.S

(1)No person shall be entitled to demand or to continue to receive from [F29Scottish Water] a supply of water to any habitation to which this subsection applies unless he has—

(a)agreed with [F30Scottish Water] to take a supply of water by meter and to pay to [F31it] such minimum annual sum as will give [F31it] a reasonable return on the capital expenditure incurred by [F31it] in providing the required supply and will cover other standing charges incurred by [F31it] in order to meet the possible maximum demand for his habitation, and will yield a reasonable return on the cost of the water supplied; and

(b)secured to the reasonable satisfaction of [F32Scottish Water] by way of deposit or otherwise, payment of such a sum as may be reasonable having regard to his possible maximum demand for water.

The annual sum to be so paid and the security to be so given shall be determined, in default of agreement, by the sheriff, whose decision shall be final.

(2)The habitations to which subsection (1) applies are tents, vans or other conveyances, whether on wheels or not, and sheds or similar structures.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

54 Register of meter to be evidence.S

(1)Where [F34Scottish Water supplies] water by meter, the register of the meter shall be [F35sufficient] evidence of the quantity of water supplied

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the meter on being tested is proved to register incorrectly to any degree exceeding five per cent—

(a)the meter shall be deemed to have registered incorrectly to that degree since the last occasion but one before the date of the test on which a reading of the index of the meter was taken by [F37Scottish Water] , unless it is proved to have begun to register incorrectly on some later date; and

(b)the amount of any refund to be made to, or of any extra payment to be made by, the consumer shall be paid or allowed by [F37Scottish Water] or paid by the consumer, as the case may be, F38.

Textual Amendments

55 Charges for water supplied by meter.S

(1)[F39Scottish Water] shall prepare and maintain a schedule of the terms and conditions [F40, other than as respects charges,] on which [F41it is] prepared in general to give a supply of water by meter or otherwise, and that schedule shall be published in such manner as in the opinion of [F42Scottish Water] will secure adequate publicity for it.

(2)Nothing in the foregoing subsection shall be construed as prejudicing the rights or duties under section 9 of [F43Scottish Water] or of any person supplied or proposed to be supplied by [F44it] under that section.

(3)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

56 Provisions as to supply of water to agricultural subjects.S

(1)Where a supply of water for purposes other than domestic purposes is provided for premises being agricultural lands and heritages, [F46Scottish Water] shall require the supply to be taken either by meter or on other specified terms as [F47it] may from time to time in [F48its] discretion determine.

(2)Where [F49Scottish Water supplies] water by meter for purposes other than domestic purposes to any premises being agricultural lands and heritages and also [F50supplies] water for domestic purposes to any dwelling house comprised in such premises, [F51Scottish Water] shall, if it is reasonably practicable so to do, provide the whole supply of water to such premises and dwelling house through a single meter.

Textual Amendments

F49Words in s. 56(2) substituted (1.4.2002 subject to art. 3 of the commencing S.S.I.) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 38(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

[F5256A Regulations as to meters.S

The Secretary of State may make regulations under this Act as to the installation, connection, use, maintenance, authentication and testing of meters, and as to any related matters.]

Textual Amendments

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53S

Textual Amendments

58 Termination of right to supply of water on special terms.S

(1)Where by virtue of any enactment including any enactment in this Act) or of any agreement [F54Scottish Water is] under an obligation to which this section applies, [F55Scottish Water] and the person having the vested interest in the obligation may F56 enter into an agreement to terminate the obligation on such terms and conditions as to compensation or otherwise as they may agree; and any such agreement shall be enforceable against any person deriving title from the person who entered into the agreement.

(2)The Secretary of State may, on the application of [F57Scottish Water] and after affording to the person having the vested interest in the obligation an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, by order provide for the termination compulsorily of an obligation to which this section applies on payment of compensation, the amount of which shall, in default of agreement, be determined in manner provided by the Lands Clauses Acts with references to the taking of lands otherwise than by agreement, and the order may contain such incidental, consequential and supplementary provisions, including provisions for the amendment and repeal of any local enactment, as the Secretary of State thinks necessary or expedient.

(3)The amount of the compensation to be paid under subsection (2) shall be assesed by reference to the value of the rights secured under the obligation as at the date of the making of the order, and in assessing that value regard shall be had to [F58the amount of any charge][F59for a supply of water] which may reasonably be expected to become payable as a result of the termination of the obligation.

(4)This section applies to any obligation on the part of [F60Scottish Water] providing to any person other than a [F61local authority]. . . a supply of water (whether for domestic purposes or for purposes other than domestic purposes) to provide that supply free of charge or on terms more favourable to the person having the vested interest in the obligation than those which apart from the obligation would be applicable.

(5)[F62Scottish Water] shall record in the appropriate Register of Sasines any agreement entered into or order made under the foregoing provisions of this section terminating an obligation to which this section applies if the obligation was itself recorded in the Register of Sasines.

(6)F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An obligation to furnish a supply of water or to grant a wayleave for pipes or to give any other benefit or advantage to [F64Scottish Water] entered into in consideration of an obligation to which this section applies shall not be deemed to be terminated by reason only of the termination under this section of the last mentioned obligation.

F65(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Words in s. 58(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(31)(a); S.I. 1996/323, art. 4(1)(c)

F61Words in s. 58(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(31)(b); S.I. 1996/323, art. 4(1)(c)

59 Limitation of liability of water authority to supply water on special terms.S

(1)Notwithstanding anything in any such obligation as is mentioned in section 58(4) [F66Scottish Water] shall not be liable under the obligation to provide to any premises in any year a quantity of water greater than the quantitiy supplied thereto in the year immediately preceding 27th October 1948, or to provide to any premises not provided by them with a supply of water on that day a supply otherwise than on the terms on which the supply would, apart from the obligation, have been provided under the M2Water (Scotland) Act 1946 and the M3Water (Scotland) Act 1949.

(2)Any question arising under the foregoing subsection shall in case of dispute be determined by arbitration.

Textual Amendments

Marginal Citations

F6760. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6861. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69S

Textual Amendments