(1)Where any main is laid alongside and within 60 feet of the middle of a [F1road], then, for the purposes of the definition of “communication pipe” contained in section 109(1), the land in which the main is laid, and any land between the main and the [F1road], shall be deemed to form part of the [F1road], and references in that definition to the part of the [F1road] in which the main is laid, and to the boundary of the [F1road] in which the main is laid, shall be construed accordingly;
Provided that where the premises supplied with water lie between any such main as aforesaid and the [F1road], only that land in which the main is laid together with any land between the main and those premises shall be deemed to form part of the [F1road].
(2)Where any main is laid as mentioned in subsection (1), the power of [F2Scottish Water] to lay service pipes, stopcocks and other fittings under paragraph 4 of Schedule 3 shall include power, with the consent of every owner and occupier of the land, and subject to payment of compensation for any damage done by [F3Scottish Water] , to lay such pipes, stopcocks and fittings in, on or over any land which is deemed to form part of a [F1road] for the purposes specified in subsection (1).
(3)Any consent required for the purposes of subsection (2) shall not be unreasonably withheld, and any question whether such consent is, or is not, unreasonably withheld shall be referred to and determined by the Secretary of State; and any dispute as to the amount of compensation to be paid under subsection (2) shall be determined by arbitration in the manner provided by section 105.
(4)For the avoidance of doubt, it is hereby declared that the provisions of section 24(3) apply to any pipe laid before the commencement of this Act which, by virtue of this section, is deemed to be a communication pipe.
Textual Amendments
F1Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(13)
F2Words in s. 110(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 63(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F3Words in s. 110(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 63(b) (with s. 67); S.S.I. 2002/118, art. 2(3)