Water (Scotland) Act 1980

35 Power to supply water fittings. S

(1) [F1 Scottish Water] may, on the request of any person to whom [F2 it supplies or proposes] to supply water, supply to him F3 any such water fittings as are required or allowed by [F4 its] byelaws and may, on such request, install, repair or alter (but not manufacture) any such water fittings, whether supplied by [F5 it] or not, and may provide any materials and do any work required in connection with installation, repair or alteration of water fittings.

[F6 Scottish Water] may make such charges as may be agreed, or in default of agreement as may be reasonable, for any fittings supplied, or any materials provided or work done under this subsection, and may recover such charges.

(2) If any fittings [F7 supplied otherwise than by sale] by [F8 Scottish Water] bear either a distinguishing plate affixed thereto, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating [F8 Scottish Water] as the actual owners of the fittings, those fittings—

(a) shall, notwithstanding that they fixed to some part of the premises in which they are situated or that they be laid in the soil thereunder, continue to be the property of, and removable by, [F9 Scottish Water] ; and

(b) shall not be subject to [F10 any] diligence or to the landlord’s hypothec for rent, or be liable to be taken under any process of law or in any proceedings in bankruptcy against the persons in whose possesion they may be.

(3) Nothing in subsection (2) shall affect the valuation for rating of any lands and heritages.

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (5) If any person—

(a) so interferes with a meter used by [F13 Scottish Water] in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to those premises; or

(b) carries out, without the consent of [F14 Scottish Water] , any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter; or

(c) otherwise wilfully or negligently injures or suffers to be injured any water fitting belonging to [F13 Scottish Water] ,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F1 Words in s. 35(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2 Words in s. 35(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3 Words in s. 35(1) ceased to have effect (1.4.1993) by virtue of Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11, Pt. IV, para. 30(a) (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(b)

F4 Word in s. 35(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5 Word in s. 35(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(a)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6 Words in s. 35(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(a)(v) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7 Words in s. 35(2) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11, Pt. IV, para. 30 (b) (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(b)

F8 Words in s. 35(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9 Words in s. 35(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10 Word in s. 35(2)(b) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), ss. 61, 64(2), Sch. 3 Pt. 1 para. 12 (with s. 63)

F11 S. 35(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(23), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F12 S. 35(5) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11, Pt. IV, para. 30(c) (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(b)

F13 Words in s. 35(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(c)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F14 Words in s. 35(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 28(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)