- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Version Superseded: 10/06/2013
Point in time view as at 01/04/2013.
Water (Scotland) Act 1980, Part VI is up to date with all changes known to be in force on or before 08 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)[F1Scottish Water]F2 may enter into agreements—
(a)with the owners and occupiers of any land, in so far as their interest enables them to bind it, or
(b)with a [F3local authority],
with respect to the execution and maintenance by any party to the agreement of such works as [F4Scottish Water considers] necessary for the purpose of draining that land, or for more effectually collecting, conveying, or preserving the purity of, water which [F5it is] for the time being authorised to take:
Provided that where the execution of any such works would result in the discharge of water, otherwise than through public sewers, into any watercourse which is within a fishery district or is subject to the jurisdiction of a navigation authority or from which any public undertakers are authorised by any enactment to take or use water, [F6Scottish Water]F2 shall, before entering into the agreement, consult with the fishery district board or the navigation authority or the undertakers concerned.
(2)An agreement under this section with an owner of land shall, if it is so expressed therein, on being recorded in the appropriate Register of Sasines, be binding upon and enforceable against any person subsequently acquiring the land or any estate or interest therein.
F2F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 68(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(35)(a)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F3Words in s. 68(1)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(35(a)(ii); S.I. 1996/323, art. 4(1)(c)
F4Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F6Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F7S. 68(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(35)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
(1)If [F8Scottish Water is] of opinion that a serious deficiency of water available for distribution by [F9it] exists, or is threatened, [F10it] may for such period as [F11it thinks] necessary prohibit or restrict as respects the whole or any part of [F12its] limits of supply the use for the purpose of watering private gardens or washing private motor cars of any water supplied by [F9it] and drawn through a hosepipe or similar apparatus.
In this subsection the expression “private motor car” means a mechanically propelled vehicle intended or adapted for use on roads other than a public service vehicle [F13as defined in section 1 of the M1Public Passenger Vehicles Act 1981], or a goods vehicle [F13as defined in section 192(1) of the M2Road Traffic Act 1988], and includes any vehicle drawn by a private motor car.
(2)[F14Scottish Water] shall, before the prohibition or restriction comes into force, give notice by publication in two or more newpapers circulating within the area affected and by such other means as [F15it] may think proper of the prohibition or restriction and of the date when it will come into force.
(3)Any person who, while the prohibition or restriction is in force, contravenes its provisions, shall in respect of each offence be liable on summary conviction to a fine not exceeding [F16level 3 on the standard scale].
Textual Amendments
F8Words in s. 69(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F9Word in s. 69(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F10Word in s. 69(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F11Words in s. 69(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(a)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3)
F12Word in s. 69(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(a)(v) (with s. 67); S.S.I. 2002/118, art. 2(3)
F13Words in s. 69(1) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(36)(a)(b); S.I. 1994/2850, art. 3(c)
F14Words in s. 69(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F15Word in s. 69(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 43(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F16Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Marginal Citations
(1)[F17Scottish Water]F18 may make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by [F19it], and such byelaws may, without prejudice to the foregoing generality, include provisions—
(a)prescribing the size, nature, design, materials, strength and workmanship, and the mode of arrangement, connection, disconnection, alteration and repair of the water fittings to be used; and
(b)forbidding the use of any water fittings which are of such a nature or design or are so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water, or reverberation in pipes.
(2)If a person contravenes the provisions of any byelaw made under this section, [F20Scottish Water]F18 may, whether proceedings have been taken in respect of the offence or not, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the byelaws to be altered, repaired or replaced, and may recover the expenses reasonably incurred by [F21it] in so doing from the person in default.
(3)Nothing in this section, or in any byelaw made thereunder, shall apply to any fittings used on premises which belong to a railway company and are held or used by them for the purposes of their railway, so long as those fittings are not of such a nature or design or so arranged or connected as to cause or permit waste, undue consumption, misuse or contamination of water supplied by [F22Scottish Water] or board or reverberation in pipes:
Provided that the exemption conferred by this subsection shall not extend to fittings used in hotels or dwelling houses or in offices not forming part of a railway station.
[F23(4)Where [F24Scottish Water considers] that a byelaw made by [F25it] under this section ought not to operate in relation to any particular case or class of cases [F26it] may, with the consent of the Secretary of State, relax the requirements of, or dispense with compliance with, that byelaw accordingly:
Provided that [F27Scottish Water]F18 shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State—
(a)shall not give his consent before the expiration of one month from the giving of the notice; and
(b)shall, before giving his consent, take into consideration any relevant objection which may have been received by him.]
Textual Amendments
F17Words in s. 70(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F18Words in s. 70(1)(2)(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(37)(a)-(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F19Word in s. 70(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F20Words in s. 70(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F21Word in s. 70(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F22Words in s. 70(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(4) (with s. 67); S.S.I. 2002/118, art. 2(3)
F23S. 70(4) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 33
F24Words in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F25Word in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F26Word in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F27Words in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
Modifications etc. (not altering text)
C1S. 70 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)
(1)If it appears to [F28Scottish Water]F29 to be necessary for the purpose of protecting against pollution any water whether on the surface or underground, which belongs to [F30it] or which [F31it is] for the time being authorised to take, [F32it] may by byelaws—
(a)define the area within which [F33it deems] it necessary to exercise control; and
(b)prohibit or regulate the doing within that area of any act specified in the byelaws.
Byelaws made under this section may contain different provisions for different parts of the area defined by the byelaws.
(2)Where an area has been defined by byelaws under this section, [F34Scottish Water] may by notice require either the owner or the occupier of any premises within that area to execute and keep in good repair such works as [F35it considers] necessary for preventing pollution of [F36its] water, and, if he fails to comply with any such requirement, he shall be liable on summary conviction to the same penalties as if he had committed an act prohibited by the byelaws:
Provided that an owner or occupier who considers that a requirement made on him under this subsection is unreasonable may, within 28 days after service on him of the requirement, appeal to the sheriff who may, if he decides that the requirement is unreasonable, modify or disallow the requirement.
(3)[F37Scottish Water] shall pay compensation to the owners and occupiers of, and other persons interested in, any premises within the area defined by byelaws made under this section in respect of—
(a)any curtailment or injurious affection of their legal rights by restrictions imposed by the byelaws; and
(b)any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by [F38Scottish Water] ;
and any question as to the amount of compensation to be paid shall in case of dispute be determined by arbitration.
In this subsection the expression “legal rights” includes the use of land in respect of which proceedings might have been taken by [F39Scottish Water] or otherwise under any public general Act or under byelaws made thereunder, but have not been so taken, either by reason of the character or situation of the land or for some other reason.
(4)Where any person has failed to comply with a requirement made on him under subsection (2) and either—
(a)he has not appealed to the sheriff against that requirement and the time for appealing has expired, or
(b)his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,
[F40Scottish Water] may, whether proceedings have been taken in respect of such failure or not, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by [F41it] in so doing from the person in default, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by [F40Scottish Water].
(5)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Nothing in this section shall be construed as empowering [F43Scottish Water]F44 to make any byelaws restricting the rights of a navigation authority under any enactment.
Textual Amendments
F28Words in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F29Words in s. 71(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(38)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F30Word in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F31Words in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F32Word in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F33Words in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)
F34Words in s. 71(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F35Words in s. 71(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F36Word in s. 71(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F37Words in s. 71(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F38Words in s. 71(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F39Words in s. 71(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F40Words in s. 71(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F41Word in s. 71(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F42S. 71(5) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(6) (with s. 67); S.S.I. 2002/118, art. 2(3)
F43Words in s. 71(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(7) (with s. 67); S.S.I. 2002/118, art. 2(3)
F44Words in s. 71(5)(6) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(38)(e)(ii)(f), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Modifications etc. (not altering text)
C2S. 71 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)
(1)The Secretary of State shall be the confirming authority as respects byelaws made under either of the last two foregoing sections, and the provisions of Part IV of Schedule 1 shall apply to the making and confirming of such byelaws.
(2)It shall be the duty of [F45Scottish Water to enforce such] byelaws, so however that nothing in this subsection shall be construed as authorising [F46Scottish Water] to institute proceedings for any offence against those byelaws.
(3)Any such byelaws may contain provisions for imposing on any person contravening the bylaws a fine, recoverable on summary conviction, not exceeding the sum of [F47[F48level 5] on the standard scale] in respect of each offence, and in the case of a continuing offence a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.
[F49(3A)Subject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—
(a)within 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’sknowledge, or
(b)where such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.
(3B)No such proceedings shall be commenced more than 3 years after—
(a)the date of the commission of the offence, or
(b)in the case of a continuing offence, the last date on which the offence was committed.
(3C)Subsection (3) of section 136(time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for thepurposes of that section.
(3D)For the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date onwhich evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidenceof that fact.
(3E)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.]
(4)Any byelaw made under either of the last two foregoing sections shall cease to have effect on the expiration of the period of 10 years beginning with the date on which it was made; but the Secretary of State may by order extend the period during which any such byelaw is to remain in force.
Subordinate Legislation Made
P1S. 72: power previously exercised by S.I. 1981/1801, 1988/327 and 1990/2250.
P2S. 72(4): s. 72(4) power exercised (12.11.1991) by S.I. 1991/2573
S. 72(4): s. 72(4) power exercised (20.11.1991) by S.I. 1991/2639
Textual Amendments
F45Words in s. 72(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 46(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F46Words in s. 72(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 46(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F47Words in s. 72(3) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G, 289H, Sch. 7D (as inserted by Criminal Justice Act 1982 (c. 48), s. 54, Sch. 6, which Sch. 6 was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and those same words substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III
F48Words in s. 72(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 65(2) (with s. 67); S.S.I. 2002/118, art. 2(3)
F49S. 72(3A)-(3E) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 65(3) (with s. 67); S.S.I. 2002/118, art. 2(3)
(1)The Secretary of State may by notice require [F50Scottish Water]F51 to make byelaws under section 70 or 71 in relation to such matters as he may specify, and, in the case of byelaws made under section 71, he shall specify the area for which the byelaws are to be made, and if [F52Scottish Water does] not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.
(2)If, after they have been in operation for a period of not less than three years, the Secretary of State considers unsatisfactory any byelaws made by [F53Scottish Water]F51 under section 70 or 71 or any byelaws or regulations made by [F53Scottish Water]F51 under any other enactment conferring power to make byelaws or regulations for purposes similar to the purposes for which byelaws may be made under either of the said sections, he may by notice require [F54Scottish Water]F51 to revoke those byelaws or regulations and to make such new byelaws under section 70 or 71 as he considers necessary; and if [F55Scottish Water does] not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws or regulations and make such new byelaws under section 70 or 71 as he considers necessary.
(3)Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by [F56Scottish Water] and confirmed by the Secretary of State.
Textual Amendments
F50Words in s. 73(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F51Words in s. 73(1)-(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F52Words in s. 73(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F53Words in s. 73(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F54Words in s. 73(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F55Words in s. 73(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F56Words in s. 73(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 47(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
(1)The Secretary of State may make regulations for any of the purposes for which byelaws may be made under section 70 (byelaws for the prevention of waste, misuse or contamination of water); and any such regulations shall have effect in substitution for any such byelaws in force immediately before the coming into force of these regulations.
(2)Any reference in this Act to a byelaw made under the said section 70 (other than a reference in section 72(1), (2) and (4) to byelaws) shall include a reference to a regulation made under this section.
(3)Regulations made under this section may be made so as to apply in all parts of Scotland or to apply only in such part or parts as may be specified in the regulations, and may contain different provisions for different parts, or for different circumstances in any such part.
(1)If any person is guilty of any act or neglect whereby any spring, well or adit, the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption, is polluted or likely to be polluted, he shall be guilty of an offence.
(2)Nothing in this section shall be construed as prohibiting or restricting—
(a)any method of cultivation or use of land which is in accordance with the principles of good husbandry; or
(b)the reasonable use of oil or tar on any [F57public road, so long as the roads] authority take all reasonable steps for preventing the oil or tar, or any liquid or matter resulting from the use thereof, from polluting any such spring, well or adit.
(3)Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—
(a)on summary conviction, to a fine not exceeding [F58£40,000] and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.
(4)F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F57Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(9)
F58Words in s. 75(3)(a) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 66, Sch. 2 para. 3(a); S.S.I. 2004/420, arts. 2, 3, Sch. 1 (as amended by S.S.I. 2005/553 and 2006/104)
F59S. 75(4) repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 66, Sch. 2 para. 3(b); S.S.I. 2004/420, arts. 2, 3, Sch. 1 (as amended by S.S.I. 2005/553 and 2006/104)
Modifications etc. (not altering text)
C3S. 75 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)
(1)For the purpose of any provision of this Act [F60, or of the [F61Water Industry (Scotland) Act 2002 (asp 3)] ,] conferring power on [F62Scottish Water]F63 to acquire land for the purposes of [F64its] undertaking [F60or functions], there shall be deemed to be included among those purposes the purpose of protecting against pollution any water, whether on the surface or underground, which belongs to [F65Scottish Water]F63 or which [F66it is] for the time being authorised to take.
(2)[F67Scottish Water]F68 may on any land belonging to [F69it], or over or in which [F70it has] acquired the necessary servitudes or rights, construct or maintain drains, sewers, watercourses, catchpits and other works for intercepting, treating or disposing of any foul water arising or flowing upon that land, or for otherwise preventing water which belongs to [F71Scottish Water]F68or which [F72it is] for the time being authorised to take from being polluted:
Provided that—
(a)before constructing any such works [F71Scottish Water]F68 shall, if the proposed works will affect any watercourses in a fishery district or which is subject to the jurisdiction of a navigation authority, consult with the fishery district board or the navigation authority concerned;
(b)nothing in this subsection shall authorise [F73Scottish Water]F68 to intercept or take any water which a navigation authority or any public undertakers are authorised by any enactment to take or use for the purposes of their undertaking without the consent of that navigation authority or those public undertakers.
(3)[F74Where Scottish Water proposes] to construct any drain, sewer or water-course for the purposes mentioned in subsection (2) [F75it] may, with the consent of the [F76roads] authority concerned, which may be given subject to such conditions as the [F76roads] authority think fit, carry the drain, sewer or water-course under, across or along any [F77road]. . . F78, and such statutory provisions with respect to the breaking open of [F77roads] as are applicable to [F79Scottish Water]F78 shall, with any necessary modifications and adaptations, apply accordingly:
Provided that the consent of the [F76roads] authority shall not be required by virtue of this subsection for the carrying by [F80Scottish Water]F81 of any drain, sewer or water-course under any [F82public road] which is within the limits of supply of [F83Scottish Water]F81.
(4)A consent required for the purposes of subsection (2) or (3) shall not be unreasonably withheld nor shall any unreasonable conditions be attached to such a consent, and any question whether or not such a consent is unreasonably withheld or whether any condition which it is sought to impose is unreasonable shall in case of dispute be determined by arbitration.
Textual Amendments
F60Words in s. 76(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(41)(a)(i)(iii); S.I. 1996/323, art. 4(1)(c)
F61Words in s. 76(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F62Words in s. 76(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F63Words in s. 76(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(41)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F64Word in s. 76(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F65Words in s. 76(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(2)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F66Words in s. 76(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(2)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)
F67Words in s. 76(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F68Words in s. 76(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), SCh. 13 para. 119(41)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F69Word in s. 76(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F70Words in s. 76(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F71Words in s. 76(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(3)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F72Words in s. 76(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(3)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)
F73Words in s. 76(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(3)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F74Words in s. 76(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F75Word in s. 76(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F76Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(10)(a)
F77Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(10)(b)
F78Words in s. 76(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), SCh. 13 para. 119(41)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F79Words in s. 76(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(4)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F80Words in s. 76(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(4)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)
F81Words in the proviso to s. 76(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(41)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F82Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(10)(c)
F83Words in s. 76(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 48(4)(f) (with s. 67); S.S.I. 2002/118, art. 2(3)
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