SCHEDULES

SCHEDULE 11 Water and Sewerage Charges: Scotland

Part IV Amendments to the 1980 Act

32

After section 41 there shall be inserted—

41A Supply of water by meter.

1

Where premises to which water is supplied are premises in respect of which there is an entry on the valuation roll, the occupier shall have the option of taking the supply by meter.

2

Where premises to which water is supplied constitute a dwelling within the meaning of section 72(2) of the 1992 Act—

a

the owner of the dwelling; or

b

the person or persons who, in terms of section 75 of that Act—

i

are liable to pay council tax on the dwelling; or

ii

would have been so liable had the building not been exempt from council tax under section 72(6) of that Act,

shall have the option of taking the supply by meter.

3

Neither of the parties mentioned in paragraph (a) or (b) of subsection (2) above may exercise the option mentioned in that subsection without the consent of the other.

4

The exercise of the option mentioned in subsections (1) and (2) above is subject to—

a

the payment by the person exercising the option of any reasonable charges made by the authority under section 35 of this Act; and

b

the acceptance by him of such reasonable terms and conditions as may be published by the authority under section 55(1) of this Act,

and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it for arbitration.