Water (Scotland) Act 1980

Part IV S

Byelaws made by water authorities or water development boards under sections 70 and 71 S

24 S Byelaws to which this Part of this Schedule applies F1 . . . shall not have effect until they are confirmed by the Secretary of State.

Textual Amendments

F1 Words in Sch. 1 para. 24 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(16) (with s. 67); S.S.I. 2002/118, art. 2(3)

25 S At least one month before application for confirmation of the byelaws is made—

(a) notice of the intention to apply for confirmation shall be published in the Edinburgh Gazette and in one or more local newspapers circulating in the area to which the byelaws apply, and

(b) a copy of the byelaws shall be sent to the [F2 local authority for any area] wholly or partly comprised in the area to which the byelaws apply.

Textual Amendments

F2 Words in Sch. 1 para. 25(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54)(l); S.I. 1996/323, art. 4(1)(c)

26 S For at least one month before such application is made, a copy of the byelaws shall be deposited at the offices of [F3 Scottish Water]F4 and shall at all reasonable hours be open to public inspection without payment.

Textual Amendments

F3 Words in Sch. 1 para. 26 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(17) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4 Words in Sch. 1 para. 26 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(k), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

27 S [F5 Scottish Water]F6 shall, at the request of any person interested, furnish to him a copy of the proposed byelaws upon payment of such sum F7 as [F8 it] may determine.

Textual Amendments

F5 Words in Sch. 1 para. 27 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(18)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Words in Sch. 1 para. 27 repealed (1,4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(k), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F7 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

F8 Word in Sch. 1 para. 27 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(18)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

28 S Any person aggrieved by any such byelaws may, within one month after the publication of the notice required by paragraph 25 hereof, notify his objection and the ground of his objection to the Secretary of State who shall consider them before confirming the byelaws.

29 S The Secretary of State may confirm with or without modification or refuse to confirm any byelaws submitted to him under this Part of this Schedule for confirmation, and may fix a date on which the byelaws are to come into operation and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

30 S A copy of the byelaws when confirmed shall be printed and deposited at the offices of [F9 Scottish Water]F10 and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum F11 , as [F12 Scottish Water]F10 may determine.

Textual Amendments

F9 Words in Sch. 1 para. 30 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(19)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10 Words in Sch. 1 para. 30 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(m), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F11 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4

F12 Words in Sch. 1 para. 30 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(19)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

31 S The production of a printed copy of the byelaws on which is endorsed a certificate purporting to be signed by [F13 a duly authorised] officer of [F14 Scottish Water]F15 , stating—

(a) that the byelaws were made by [F14 Scottish Water]F15 ;

(b) that the copy is a true copy of the byelaws;

(c) that on a specified date the byelaws were confirmed by the Secretary of State; and

(d) the date, if any, fixed by the Secretary of State for the coming into operation of the byelaws;

shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this paragraph.

Textual Amendments

F13 Words in Sch. 1 para. 31 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(54)(n)(i); S.I. 1996/323, art. 4(1)(c)

F14 Words in Sch. 1 para. 31 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 64(20) (with s. 67); S.S.I. 2002/118, art. 2(3)

F15 Words in Sch. 1 para. 31 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(54)(n)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2