Water (Scotland) Act 1980

13 Supply of water in bulk. S

(1) A water authority F1 may enter into an agreement with any other persons, whether a water authority F1 or not, for the giving by those other persons, and the taking by the authority F1 , of a supply of water in bulk for any period and on any terms and conditions, and, where the supply is to be given by persons who are themselves such an authority F1 , either within or outside their limits of supply or area as the case may be.

(2) Where it appears to the Secretary of State that it is expedient that a water authority F2 should give to any other such authority F2 , and that that other authority F2 should take, a supply of water in bulk, either within or outside the limits of supply F2 of the authority F2 by whom the supply is to be given, and he is satisfied that the giving and taking of such supply cannot be secured by agreement, he may by order require the respective authorities F2 to give and to take such supply for such period and on such terms and conditions as may be provided in the order.

(3) For the purpose of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving or taking a supply of water in pursuance of an agreement or order made under this section, a water authority F3 may exercise, either within or outside their limits of supply F3 the like powers with respect to laying mains and breaking open [F4 roads] as are exercisable by them under this Act for the purpose of laying mains, but subject to the like conditions and obligations.

(4) Subject to subsection (5) the provisions of Part II of Schedule 1 shall apply to the making of orders under subsection (2).

(5) If the Secretary of State is satisfied that, by reason of an exceptional shortage of rain or by reason of any accident or other unforeseen circumstances, a serious deficiency in the supply of water exists or is threatened in any locality, the provisions of Part II of Schedule 1 shall not apply to the making of an order under this section, and the Secretary of State may, if he considers that the interests of public health so require, direct that the provisions of this Act with respect to laying mains and breaking open [F5 roads] and [F6 the provisions of Part IV of the New Roads and Street Works Act 1991] shall, in relation to any works to be carried out for the purposes of that order, have effect subject to such modifications as he may think necessary for the avoidance of delay, but any agreement or order to which this subsection applies shall cease to have effect at the expiration of such period not exceeding two years as the Secretary of State may direct.

(6) Nothing in this section shall affect any right of a navigation authority under any enactment to prohibit, or impose restrictions on, the supply of water in bulk by a water authority F7 .

Textual Amendments

F1 Words in s. 13(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(7)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F2 Words in s. 13(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(7)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F3 Words in s. 13(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(7)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F4 Word in s. 13(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(7)(c)(ii); S.I. 1994/2850, art. 3

F5 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(4)

F6 Words in s. 13(5) 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(3); S.I. 1992/2990, art. 2(2), Sch. 2

F7 Words in s. 13(6) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(7)(d); S.I. 1996/323, art. 4(1)(c)(d), Sch. 2