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- Point in Time (10/06/2013)
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Version Superseded: 21/12/2013
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Water (Scotland) Act 1980, Section 38 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to the provisions of this section, an authorised officer of [F1Scottish Water] F2 . . . shall, on producing if so required some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—
[F3(aa)where the conditions set out in subsection (2) of section 24B are satisfied in relation to the premises, for the purpose of carrying out any survey or tests to determine—
(i)whether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (4) of that section is practicable,
(ii)whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out, or
(iii)how any works specified in that subsection should be carried out;
(ab)for the purpose of inspecting, examining or testing—
(i)any meter which is on the premises and which is used by Scottish Water for measuring the quantity of water supplied, or
(ii)any pipes or apparatus installed in the course of any works which were carried out for any purpose which is connected with the installation, connection, testing, maintenance or repair of any such meter;
(ac)for the purpose of ascertaining from any such meter the quantity of water supplied to the premises;]
(b)for the purpose of ascertaining whether there is or has been on or in connection with the premises any contravention of the provisions of this Act or of any byelaws made thereunder;
(c)for the purpose of ascertaining whether or not circumstances exist which would authorise [F4Scottish Water] F2 . . . to take any action or execute any work under this Act or any such byelaws;
(d)for the purpose of taking any action or executing any work authorised or required by this Act or any such byelaws to be taken or executed by [F4Scottish Water] F2 . . . .
(2)Admission to any premises, not being a factory within the meaning of the M1Factories Act 1961 or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.
(3)If it is shown to the satisfaction of the sheriff, or a justice having jurisdiction in the place, on a sworn information in writing—
(a)that admission to any premises which any person is entitled to enter by virtue of such a right of entry has been refused to that person, or that refusal is apprehended, or that the premises are unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, or that the application for admission would defeat the object of the entry; and
(b)that there is reasonable ground for entry into the premises for any purpose for which the right of entry is exercisable;
the sheriff or justice may by warrant under his hand authorise that person to enter the premises if need be by force:
Provided that such a warrant shall not be issued unless the sheriff or justice is satisfied either that notice of intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(4)Any person entitled to enter any premises by virtue of such a right of entry, or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(5)Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(6)If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted into any premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be liable in respect of each offence—
(a)on summary conviction, to a fine not exceeding [F5the statutory maximum] or to imprisonment for a term not exceeding three months or to both such fine and imprisonment;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
(7)Any person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this Act or by a warrant issued under this section shall in respect of each offence be liable on summary conviction to a fine not exceeding [F6level 3 on the standard scale].
(8)This section, except subsection (6), shall not apply to any right conferred by section 93.
[F7(9)This section does not apply in relation to the purposes mentioned in section 76M(1).]
Textual Amendments
F1Words in s. 38(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 30(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 38(1)(a)(c)(d) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(24), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F3S. 38(1)(aa)-(ac) substituted for s. 38(1)(a) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 30(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F4Words in s. 38(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 30(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 23
F6Words in s. 38(7) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289G, 289H, Sch. 7D (as inserted by Criminal Justice Act 1982 (c. 48), s. 54, Sch. 6, which Sch. 6 was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and those same words substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III
F7S. 38(9) inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 30(1), 56(1)(2); S.S.I. 2013/163, art. 3, sch., S.S.I. 2013/342, at. 2(b)
Modifications etc. (not altering text)
C1S. 38(1)–(7) applied with modifications by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 170B(2) (as inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 102, Sch. 13)
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