Part II Duties of Water Authorities
C211 Power of Secretary of State on default of authority or board. C1
1
If—
a
a complaint is made to the Secretary of State that F1Scottish Water has failed—
i
to do anything which F2it is required to do by or under this Act,
ii
iii
to take such steps as are in the circumstances reasonable to obtain new powers or to extend F5its existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or
b
the Secretary of State is of opinion that an investigation should be made as to whether F6Scottish Water has failed in any of those matters,
he may cause a local inquiry to be held into the matter.
2
If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of F7Scottish Water , he may make an order declaring F8it to be in default and directing F8it for the purpose of remedying the default to discharge such of F9its functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend F10its existing powers.
3
If F11Scottish Water fails to comply with any requirements of F12an order made under subsection (2) within the time specified therein for compliance with that requirement—
a
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14or
b
the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.
4
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .