SCHEDULES
C2SCHEDULE 3 Provisions as to Breaking Open Streets and Laying Communication and Supply Pipes
C1Part II
Sch. 3 Pt. II (paras. 4–9) applied with modifications by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 170A(5) (as inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 102, Sch. 13)
Provisions as to laying communication and supply pipes, etc.
6 Laying of communication pipes, etc.
1
Upon receipt of such a notice as is referred to in the last foregoing paragraph, F1Scottish Water shall, within 14 days after the person by whom the notice was given has laid a supply pipe in accordance with the provisions of the last foregoing paragraph, lay the necessary communication pipe and any part of the supply pipe which is to be laid in a F2road and shall connect the communication pipe with the supply pipe:
2
The whole, or such part as F5Scottish Water may think fit, of the expenses reasonably incurred by F6Scottish Water in executing the work which F7it is required or authorised by this paragraph to execute shall be repaid to F8it by the person by whom the notice was given and may be recovered by F8it from him:
3
Notwithstanding anything in the foregoing provisions of this paragraph, F10where such a notice as aforesaid is given to Scottish Water, it may, within seven days after the receipt thereof, require the person giving the notice either to pay to F11it in advance the cost of the work, as estimated by F12its engineer, or to give security for payment thereof to F12its satisfaction, and, where F13it makes such a requirement, the period of 14 days referred to in sub-paragraph (1) of this paragraph shall not commence to run until the requirement has been complied with.
If any payment so made to F14Scottish Water exceeds the expenses which under the foregoing provisions of this paragraph F15it would be entitled to recover from the person giving the notice, the excess shall be repaid by F11it , and, if and so far as those expenses are not covered by the payment, F15it may recover the balance from him.
Sch. 3: power to apply conferred (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1, 130), s. 20(10), Sch. 7 para. 5(1)(b)