C1 Part III Powers of Water Authorities for the purposes of Water Supply
23 Power to lay mains, etc.
1
a
in, under or over any F4roads or under any cellar or vault below any F4roads after giving reasonable notice to F4—
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,, and
b
in, on or over any land not forming part of a F5road, after giving reasonable notice to the owner and the occupier of that land;
and may from time to time inspect, repair, maintain, alter, or renew or may at any time remove a main previously laid whether by virtue of this section or otherwise.
F61ZA
Section 192 of the Local Government (Scotland) Act 1973 (c.65)(service of notices) shall apply to notices served by Scottish Water under subsection (1) above relating to land as it applies to notices served by a local authority relating to premises.
F71A
If within two months after the service of a notice under subsection (1)(b) above the owner or occupier objects to F8Scottish Water about the proposed works (and that objection is not withdrawn), F9Scottish Water shall not proceed to lay the main but shall refer the matter by summary application to the sheriff, who may—
a
grant consent to the proposed works, either unconditionally or subject to such terms and conditions as he thinks just; or
b
withhold his consent;
and the decision of the sheriff on the matter shall be final.
2
Where F10Scottish WaterF2 ... in the exercise of F11its powers under this section lay a main in, on or over any land not forming part of a F12road, or inspect, repair, maintain, alter, renew or remove a main laid in or over any such land, F13it shall from time to time pay compensation to every person interested in that land for any damage done to or injurious affection of that land by reason of the laying, inspection, repair, maintenance, alteration, renewal or removal of the main; and any question as to the amount of compensation to be paid under this subsection shall, in case of dispute, be determined by arbitration.
F192A
In relation to a main not vested in Scottish Water, Scottish Water may recover from the person in whom the main is vested any expenses reasonably incurred by Scottish Water under subsection (1) or (2) in connection with the inspection, repair, maintenance, alteration, renewal or removal of the main.
F192B
In relation to a main laid by any person in pursuance of an authorisation under section 23A(1), subsections (1) and (2) of this section, so far as relating to the inspection, repair, maintenance, alteration, renewal or removal of a main, apply to that person as they apply to Scottish Water.
3
F14Scottish WaterF2 ... may erect and maintain in any F15road notices indicating the position of underground water fittings used for controlling the flow of water through F16its mains whether laid by virtue of this section or otherwise and may affix such a notice to any house or other building, or any wall or fence.
F174
In the case of works in respect of which notice is required to be given under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of road works), notice duly given to a person in accordance with that section and section 156 of that Act (service of notice) shall be treated as reasonable notice for the purposes of subsection F15(1)(a) above.
F185
For the avoidance of doubt, all mains laid in pursuance of subsection (1) above (whether laid before or after the commencement of this subsection) vestin Scottish Water.
Pt. III (ss. 12 - 38): 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)