Water (Scotland) Act 1980

Power to lay service pipes, etc. S

4 (1) [F1 Scottish Water] may in any [F2 road] lay such service pipes with such stopcocks and other fittings as [F3 it deems] necessary for supplying water to premises F4 , and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a [F2 road] whether by virtue of this section or otherwise:

Provided that before exercising any of the powers conferred by this paragraph, [F5 Scottish Water] shall, except in cases of emergency arising from defects in any existing pipes, plant or works, give [F6 such] notice, to [F7 —

(i)

where the road is a public road, the roads authority; and

(ii)

in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the road][F8 as would require to be given by an undertaker under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of works) in accordance with that section and with section 156 of that Act (service of notice)].

(2) Where a service pipe has been lawfully laid in, on or over any land not forming part of a [F9 road], [F10 Scottish Water] may from time to time enter upon that land and inspect, repair, alter, renew or remove the then existing pipe or lay a new pipe in substitution therefor, but shall pay compensation for any damage done by them.

Any dispute as to the amount of compensation to be paid under this sub-paragraph shall be determined by arbitration.

Textual Amendments

F1 Words in Sch. 3 para. 4(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(i)

F3 Words in Sch. 3 para. 4(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4 Words in Sch. 3 para. 4(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(56)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F5 Words in Sch. 3 para. 4(1) in proviso substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Word "such" in Sch. 3 para. 4 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(7)(b); S.I. 1992/2990, art. 2(2), Sch. 2

F7 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(i)

F8 Words in Sch. 3 para. 4 added (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(7)(b); S.I. 1992/2990, art. 2(2), Sch. 2

F9 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(ii)

F10 Words in Sch. 3 para. 4(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)