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Acts of the Scottish Parliament |
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You are here: BAILII >> Databases >> Acts of the Scottish Parliament >> Water Industry (Scotland) Act 2002 URL: http://www.bailii.org/scot/legis/num_act/2002/20020003.html |
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Water Industry (Scotland) Act 2002 | ||
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th February 2002 and received Royal Assent on 1st March 2002 An Act of the Scottish Parliament to make further provision in relation to the Water Industry Commissioner for Scotland and to provide for the establishment of Water Customer Consultation Panels; to make further provision in relation to the regulation of the quality of drinking water; to make provision for the establishment of Scottish Water, the transfer to Scottish Water of the functions of the water and sewerage authorities established by section 62(1) of the Local Government etc. (Scotland) Act 1994 and the dissolution of those authorities and in relation to the functions of Scottish Water; to make further amendments of the law relating to water and sewerage; and for connected purposes.
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Water Industry (Scotland) Act 2002 | ||
PART 1 | ||
WATER INDUSTRY COMMISSIONER AND CUSTOMER PANELS | ||
1 | Water Industry Commissioner for Scotland | |
(1) There is to continue to be a Water Industry Commissioner for Scotland (referred to in this Act as the "Commissioner"). | ||
(2) The Commissioner has the general function of promoting the interests of customers of Scottish Water in relation to the provision of services by it in the exercise of its core functions. | ||
(3) The Scottish Ministers may, after consulting the Commissioner, give the Commissioner directions of a general or specific character as to the exercise of the Commissioner's functions; and the Commissioner must comply with any such direction. | ||
(4) Part 1 of schedule 1 makes further provision about the Commissioner. | ||
2 | Water Customer Consultation Panels | |
(1) The Scottish Ministers shall by order establish panels of individuals to be known as Water Customer Consultation Panels (each referred to in this Part as a "Customer Panel"). | ||
(2) An order under subsection (1) must, in relation to each Customer Panel established by it, specify, or make provision for determining- | ||
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(3) Each Customer Panel is to have the general function of representing the views and interests of the customers of Scottish Water in the Panel's area in relation to the provision of services by Scottish Water in the exercise of its core functions. | ||
(4) A Customer Panel must- | ||
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(5) In exercising functions in relation to Scottish Water, the Commissioner must have regard to- | ||
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(6) Part 2 of schedule 1 makes further provision about the Customer Panels. | ||
3 | Functions of the Commissioner | |
(1) The Commissioner must investigate any complaint made to the Commissioner or a Customer Panel by a current, potential or former customer of Scottish Water as respects any of its core functions. | ||
(2) A Customer Panel must refer to the Commissioner any such complaint which is made to it. | ||
(3) The Commissioner need not investigate a complaint under subsection (1) if- | ||
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(4) The Commissioner may, on behalf of the complainer in a complaint investigated under subsection (1), make representations to Scottish Water about any matter- | ||
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(5) Where the Commissioner investigates a complaint referred by a Customer Panel under subsection (2), or decides not to investigate such a complaint, the Commissioner must send to the Panel a report of the investigation or, as the case may be, a statement of the reasons for not investigating the complaint. | ||
(6) The Commissioner is to advise the Scottish Ministers on any matter which appears to the Commissioner or to them to relate to- | ||
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in the exercise of its core functions. | ||
(7) The Commissioner has power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise of the Commissioner's functions. | ||
4 | Power of the Commissioner to require information | |
(1) Scottish Water must, on being requested to do so by the Commissioner, provide the Commissioner with such information held by it as the Commissioner may reasonably seek in the exercise of the Commissioner's functions. | ||
(2) Where Scottish Water and the Commissioner cannot agree as to whether information is sought reasonably, either of them may refer the matter to the Scottish Ministers, whose decision is final. | ||
5 | Annual reports by, and information from, the Commissioner | |
(1) The Commissioner must- | ||
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(2) A report under subsection (1)(a) must include a summary of- | ||
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(3) A report under subsection (1)(a) must set out any directions under section 1 which have been given to the Commissioner during the period to which the report relates. | ||
6 | Funding of the Commissioner | |
(1) The Scottish Ministers may make grants to the Commissioner in respect of the Commissioner's expenses. | ||
(2) Scottish Water must make to the Commissioner, in respect of the Commissioner's expenses, payments of such amounts, and at such times, as the Scottish Ministers may direct. | ||
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Water Industry (Scotland) Act 2002 | ||
PART 2 | ||
DRINKING WATER QUALITY REGULATOR | ||
Appointment | ||
7 | Drinking Water Quality Regulator for Scotland | |
(1) The Scottish Ministers may appoint a person to be known as the Drinking Water Quality Regulator for Scotland (in this Part referred to as the "Regulator") to exercise the functions conferred on the Regulator by this Part. | ||
(2) The Regulator is to have the general functions of- | ||
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(3) Any person authorised by the Regulator for the purpose (an "authorised person") may exercise, on behalf of the Regulator, any function of the Regulator. | ||
(4) In relation to the exercise by an authorised person of a function of the Regulator which that person is authorised to exercise, references in this Part to the Regulator are, so far as necessary, to be construed as, or as including, references to the authorised person. | ||
(5) An authorisation given for the purposes of subsection (3) does not prevent the Regulator from exercising any function to which the authorisation relates. | ||
(6) The Scottish Ministers may, after consulting the Regulator, give the Regulator directions of a general or specific character as to the exercise of the Regulator's functions; and the Regulator must comply with any such direction. | ||
(7) In this Part- | ||
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Public water suppliers: general powers of Regulator | ||
8 | Power to obtain information | |
(1) The Regulator may serve on a person a notice requiring the person- | ||
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(2) A notice under subsection (1) may be served on- | ||
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(3) Nothing in this section authorises the Regulator to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session. | ||
(4) References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form. | ||
(5) Where by virtue of this section documents are produced to any person, that person may take copies of or make extracts from them. | ||
(6) A person who- | ||
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is guilty of an offence. | ||
(7) A person guilty of an offence under subsection (6) is liable- | ||
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9 | Powers of entry, inspection etc. | |
(1) For the purpose of establishing whether any drinking water quality duty to which a public water supplier is subject has been, is being or is likely to be complied with, the Regulator may exercise the powers specified in subsection (2). | ||
(2) Those powers are- | ||
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(3) The powers specified in subsection (2) must not be exercised in relation to premises referred to in paragraph (a)(iii) of that subsection unless the Regulator is satisfied that the exercise of those powers in relation to the premises referred to in paragraph (a)(i) and (ii) of that subsection would be insufficient for the purpose specified in subsection (1). | ||
(4) The owner and occupier of any premises in relation to which the Regulator exercises the powers specified in subsection (2) and any person on such premises when those powers are being exercised must- | ||
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as the Regulator may reasonably require. | ||
(5) A person who- | ||
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is guilty of an offence. | ||
(6) A person guilty of an offence under subsection (5) is liable- | ||
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Enforcement of duties of public water suppliers | ||
10 | Enforcement notices | |
(1) Where the Regulator reasonably believes (whether or not following the exercise of the Regulator's powers under section 9)- | ||
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and (in either case) that the water supplier is not taking appropriate steps for the purpose of rectifying the contravention or (as the case may be) preventing its recurrence, the Regulator may serve on the water supplier an enforcement notice. | ||
(2) In considering whether to serve an enforcement notice the Regulator may consult- | ||
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(3) An enforcement notice must specify- | ||
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(4) An enforcement notice may specify different dates by which different steps specified under subsection (3)(d) must be completed. | ||
(5) The date referred to in subsection (3)(e) must be no earlier than the day following the last day on which an appeal may be brought under section 11(2). | ||
(6) Before serving an enforcement notice on a public water supplier under subsection (1), the Regulator must serve a copy of the proposed notice on the water supplier and specify a period, which must expire no less than 7 days and no more than 28 days from the date of service of the notice, within which the water supplier may make representations to the Regulator about the proposed notice. | ||
(7) The Regulator must take into account any representations in relation to the proposed enforcement notice duly made by the water supplier and may adjust the notice in light of those representations. | ||
11 | Enforcement notices: further provisions | |
(1) The Regulator must- | ||
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(2) A public water supplier on whom an enforcement notice has been served may, by summary application made within 14 days of the date of service, appeal to the sheriff against the notice. | ||
(3) Where an appeal is brought under subsection (2) the enforcement notice is of no effect until the appeal is withdrawn or finally determined. | ||
(4) On an appeal under subsection (2) the sheriff may make such order as the sheriff thinks fit. | ||
(5) The decision of the sheriff on such an appeal is final. | ||
(6) A public water supplier on whom an enforcement notice has been served- | ||
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(7) The duty under subsection (6) does not apply during any period in which the enforcement notice is of no effect by virtue of subsection (3). | ||
12 | Failure to comply with enforcement notices | |
(1) This section applies where, in relation to an enforcement notice, a public water supplier- | ||
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(or, in either case, by such later date as the Regulator may have substituted under section 14(1)(b)). | ||
(2) Where this section applies, the Regulator may- | ||
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(3) The expenses which may be recovered under subsection (2)(b) include such proportion of the Regulator's administrative expenses (including expenses incurred in establishing the contravention and in connection with the enforcement notice) as the Regulator considers appropriate. | ||
(4) A person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (2)(a) is guilty of an offence. | ||
(5) If, at any time after a date referred to in subsection (1), anything which the enforcement notice requires the water supplier to do by that date has not been done, the water supplier is guilty of an offence. | ||
(6) A person guilty of an offence under subsection (4) or (5) is liable- | ||
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(7) An offence under subsection (5) may be charged by reference to any day or longer period of time and a public water supplier may be convicted of a second or subsequent offence under that subsection by reference to any period of time following conviction for such an offence. | ||
13 | Emergencies | |
(1) Where the Regulator reasonably believes- | ||
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the Regulator may take action in accordance with this section. | ||
(2) The Regulator may serve on the water supplier an emergency notice requiring the water supplier, by such date as the notice may specify, to take such steps as the notice may specify, being steps which the Regulator considers necessary for the purpose of reducing or removing the risk referred to in subsection (1)(b). | ||
(3) Without prejudice to subsection (2), the Regulator may- | ||
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(4) The expenses which may be recovered under subsection (3)(b) include such proportion of the Regulator's administrative expenses (including expenses incurred in establishing the contravention and in connection with the emergency notice) as the Regulator considers appropriate. | ||
(5) A person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (3)(a) is guilty of an offence. | ||
(6) If, at any time after the date specified in the emergency notice (or such later date as the Regulator may have substituted under section 14(1)(b)), anything which the notice requires the water supplier to do has not been done, the water supplier is guilty of an offence. | ||
(7) A person guilty of an offence under subsection (5) or (6) is liable- | ||
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(8) An offence under subsection (6) may be charged by reference to any day or longer period of time and a public water supplier may be convicted of a second or subsequent offence under that subsection by reference to any period of time following conviction for such an offence. | ||
14 | Variation and withdrawal of notices | |
(1) The Regulator may- | ||
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(2) The powers in subsection (1) may be exercised whether or not the notice has taken effect. | ||
(3) The withdrawal of an enforcement notice or an emergency notice does not affect the Regulator's power to issue a further such notice. | ||
15 | Register of enforcement notices and emergency notices | |
(1) The Regulator must keep a register of enforcement notices and emergency notices. | ||
(2) The register must, in relation to each such notice, specify- | ||
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(3) The Scottish Ministers may by order make provision as to- | ||
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(4) In subsection (2)(c), "the compliance date" means- | ||
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and, in either case, includes any date substituted for that date under section 14(1)(b). | ||
(5) The register must be made available for inspection by any person at any reasonable time. | ||
Supervision of local authority enforcement | ||
16 | Power to require information from local authorities | |
(1) A local authority must, on being requested to do so by the Regulator, provide the Regulator with such information held by it as the Regulator may reasonably seek in relation to the enforcement by the local authority of the drinking water quality duties which it is the authority's responsibility to enforce. | ||
(2) Where a local authority and the Regulator cannot agree whether information is being sought reasonably, either of them may refer the matter to the Scottish Ministers, whose decision is final. | ||
Supplementary | ||
17 | Annual reports | |
The Regulator must, as soon as practicable after the end of each calendar year, submit to the Scottish Ministers, and publish, a report on the exercise of the Regulator's functions during that year. | ||
18 | Powers of entry etc.: further provision | |
(1) Schedule 2 makes further provision about the exercise of powers of entry etc. conferred by sections 9(1), 12(2)(a) and 13(3)(a). | ||
(2) References in this Part to a power conferred by any of those provisions include references to such a power exercisable by virtue of a warrant under that schedule. | ||
19 | Interpretation of Part 2 | |
In this Part- | ||
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Water Industry (Scotland) Act 2002 | ||
PART 3 | ||
SCOTTISH WATER | ||
Establishment | ||
20 | Scottish Water | |
(1) There is established a body corporate to be known as Scottish Water, with the functions conferred on it by or under this Act and any other enactment. | ||
(2) Schedule 3 makes further provision about the status, constitution, proceedings etc. of Scottish Water. | ||
21 | Transfer of functions from new water and sewerage authorities | |
The functions of each of the new water and sewerage authorities are transferred to Scottish Water. | ||
22 | Transfer of property and liabilities | |
(1) The property and liabilities to which the new water and sewerage authorities are entitled or subject are transferred to Scottish Water. | ||
(2) Subsection (1) has effect in relation to property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities. | ||
23 | Transfer of staff | |
The Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I.1981/1794) apply to the transfer of functions by section 21, whether or not they would so apply apart from this section. | ||
24 | Dissolution of new water and sewerage authorities etc. | |
(1) The new water and sewerage authorities are dissolved on such date as the Scottish Ministers may by order specify. | ||
(2) Different dates may be specified in relation to different such authorities. | ||
(3) Without prejudice to section 69, the Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they think necessary or expedient in consequence of or in connection with- | ||
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General powers | ||
25 | General powers | |
(1) Scottish Water may engage in any activity (whether in Scotland or elsewhere) which it considers is not inconsistent with the economic, efficient and effective exercise of its core functions (within the meaning of section 70(2)). | ||
(2) Scottish Water may do anything (whether in Scotland or elsewhere) which it considers is necessary or expedient for the purpose of or in connection with its functions (including any activity in which it engages by virtue of subsection (1)). | ||
(3) The power in subsection (2) includes, in particular, power to- | ||
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(4) Where- | ||
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the power in subsection (2) also includes power to enter into a contract with the financier, or any insurer of or trustee for the financier, in connection with the provision contract. | ||
(5) In subsection (3)(e), "assets" means assets of any description (whether tangible or intangible), including (in particular) land, buildings, roads, works, plant, machinery, vehicles, vessels, apparatus, equipment and computer software. | ||
(6) This section is without prejudice to any power otherwise exercisable by Scottish Water but does not enable Scottish Water- | ||
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Codes of practice | ||
26 | Customer standards code | |
(1) In relation to services provided in the exercise of its core functions, Scottish Water must prepare and submit to the Commissioner a code of practice (a "customer standards code") making provision- | ||
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(2) The customer standards code must be submitted to the Commissioner no later than the date on which Scottish Water first sends a charges scheme to the Commissioner under section 32(1). | ||
(3) Subject to subsection (1), Scottish Water may from time to time- | ||
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its customer standards code, and must submit the varied or new code to the Commissioner. | ||
(4) A customer standards code submitted to the Commissioner under subsection (1) or (3) comes into force only when it is approved in accordance with section 27. | ||
(5) Scottish Water must endeavour to comply with its approved customer standards code; but contravention of that code does not of itself give rise to any criminal or civil liability. | ||
(6) Scottish Water must publish the approved customer standards code and provide a copy of the code to any person who requests it. | ||
(7) The Commissioner- | ||
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27 | Approval of customer standards code | |
(1) The Commissioner may, after consulting each Water Customer Consultation Panel, approve a customer standards code submitted under section 26(1) or (3)- | ||
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(2) Where- | ||
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the Commissioner must send the code (with any modifications to it agreed by the Commissioner and Scottish Water) to the Scottish Ministers. | ||
(3) Where 3 months have elapsed since the Commissioner has received a customer standards code by virtue of section 26(1) or (3) and the Commissioner has neither- | ||
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Scottish Water may require the Commissioner to send it to the Scottish Ministers. | ||
(4) The Scottish Ministers may, after consulting each Water Customer Consultation Panel, approve a code sent to them under subsection (2) or (3)- | ||
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(5) Where the Commissioner approves a customer standards code under subsection (1), the Commissioner must send a copy of the code as so approved to the Scottish Ministers. | ||
(6) Where the Scottish Ministers approve a customer standards code under subsection (4), they must send a copy of the code as so approved to the Commissioner. | ||
28 | Consultation code | |
(1) Scottish Water must prepare and submit to the Scottish Ministers a code of practice (a "consultation code") making provision as to the consultation which it will carry out in relation to- | ||
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any significant activity in the exercise of its core functions. | ||
(2) The consultation code must, in particular, make provision- | ||
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and may make different provision in relation to different cases or descriptions of case. | ||
(3) Before submitting the consultation code to the Scottish Ministers, Scottish Water- | ||
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(4) The Scottish Ministers may approve the consultation code- | ||
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(5) A consultation code submitted to the Scottish Ministers under subsection (1) comes into force only when it is approved in accordance with subsection (4). | ||
(6) Scottish Water must publish the approved consultation code and provide a copy of the code to any person who requests it. | ||
(7) Scottish Water must endeavour to comply with the approved consultation code; but contravention of the code does not of itself give rise to any criminal or civil liability. | ||
(8) Subject to subsection (1), Scottish Water may from time to time- | ||
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the consultation code; and this section applies to the varied or new code as it does to the original code. | ||
Charges | ||
29 | Charges for goods and services | |
(1) Scottish Water may fix, demand and recover charges for any goods supplied or services provided by it. | ||
(2) Subsection (1)- | ||
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(3) The power conferred by subsection (1) is exercisable- | ||
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(4) Subject to sections 31 to 36, Scottish Water may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to it to be appropriate. | ||
30 | Maximum charges for services provided with help of Scottish Water | |
(1) The Scottish Ministers may by order fix maximum charges which a person other than Scottish Water may recover from another such person in respect of the supply of water to, the provision of sewerage to, or the disposal of sewage for that other person with the help of services provided by Scottish Water. | ||
(2) For the purposes of this section, water is supplied to, sewerage provided to, or sewage disposed of for a person with the help of services provided by Scottish Water if- | ||
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(3) An order under this section may make different provision in relation to different persons, circumstances or localities and may fix a maximum charge either by specifying the maximum amount of the charge or by specifying a method of calculating that amount. | ||
(4) Where a person pays a charge in respect of anything to which an order under this section relates and the amount paid exceeds the maximum charge fixed by the order, the amount of the excess is recoverable by that person from the person to whom the charge was paid. | ||
31 | Charges schemes | |
(1) Scottish Water must, in accordance with this section, make a scheme (referred to in this Act as a "charges scheme") which fixes the charges to be paid for services provided by it in the exercise of its core functions and which may also make provision with respect to the times and methods of payment of the charges fixed by the scheme. | ||
(2) Subsection (1) does not apply in relation to services as respects which conditions as to payment may be imposed under section 29(3)(j) of the 1968 Act (conditions relating to the reception, treatment and disposal of trade effluent). | ||
(3) A charges scheme may- | ||
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(4) A charges scheme comes into force only when it is approved in accordance with section 32 and has effect as so approved. | ||
(5) Scottish Water in making a charges scheme, and the Commissioner and the Scottish Ministers in considering whether to approve such a scheme, must have regard to any advice published under section 33 in force at the time of the making of the scheme. | ||
(6) Nothing in any charges scheme affects any power of Scottish Water to enter into an agreement with any person in any particular case determining the charges to be made for services provided by Scottish Water. | ||
32 | Approval of charges schemes | |
(1) Scottish Water must send a charges scheme made by it under section 31 to the Commissioner. | ||
(2) The Commissioner may approve the scheme- | ||
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(3) Where- | ||
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the Commissioner must send the scheme (with any modifications to it agreed by the Commissioner and Scottish Water) to the Scottish Ministers. | ||
(4) Where 3 months have elapsed since the Commissioner has received a charges scheme by virtue of subsection (1) and the Commissioner has neither- | ||
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Scottish Water may require the Commissioner to send it to the Scottish Ministers. | ||
(5) The Scottish Ministers may approve a scheme sent to them under subsection (3) or (4)- | ||
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(6) Where the Commissioner approves a charges scheme under subsection (2), the Commissioner must send a copy of the scheme as so approved to the Scottish Ministers. | ||
(7) Where the Scottish Ministers approve a charges scheme under subsection (5), they must send a copy of the scheme as so approved to the Commissioner. | ||
33 | Commissioner's advice on charges | |
(1) The Commissioner must, when required by the Scottish Ministers, advise them on the matters to be taken into, or left out of, account by Scottish Water in fixing charges in charges schemes. | ||
(2) The advice is to apply in relation to charges schemes made during such period as the Scottish Ministers may specify (in this section referred to as "the period of the advice"). | ||
(3) In preparing advice, the Commissioner is to have regard to- | ||
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(4) The functions referred to in subsection (3)(b) are the core functions of Scottish Water so far as consisting of- | ||
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(5) The Scottish Ministers must, within 3 months of receiving from the Commissioner advice under subsection (1)- | ||
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(6) Where the Scottish Ministers accept the Commissioner's advice with modifications or reject it, they must give reasons for doing so. | ||
(7) The Commissioner must publish advice as accepted, modified or substituted under subsection (5), together with any reasons given under subsection (6). | ||
34 | Publication of summary of charges scheme | |
When a charges scheme is approved in accordance with section 32, Scottish Water must- | ||
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35 | Liability of occupiers etc. for charges | |
(1) Supplies of water provided by Scottish Water to any premises and the provision and maintenance by Scottish Water of communication pipes and supply pipes for the purposes of such supplies are to be treated for the purposes of this Act as services provided to the occupier for the time being of those premises. | ||
(2) The provision of sewerage, and the disposal of sewage, provided by Scottish Water are to be treated for the purposes of this Act as provision to, or as disposal for, the occupier for the time being of any premises which- | ||
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(3) Subject to subsection (5), in relation to any period during which premises referred to in subsection (1) or (2) are unoccupied, references to the occupier in the subsection in question are to be construed as references to the owner of the premises. | ||
(4) Subsections (1) to (3) do not apply so far as provision to the contrary is made by any agreement to which Scottish Water is a party. | ||
(5) Charges which, under section 29, are fixed in relation to any premises by reference to volume may be imposed so that a person remains liable, in relation to those premises, to pay charges for- | ||
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provided by Scottish Water after the person has ceased to be occupier of the premises. | ||
(6) A person is liable by virtue of subsection (5) for any charges fixed in relation to any premises by Scottish Water only where that person fails to inform Scottish Water of the ending of that person's occupation of the premises at least 48 hours before that person ceases to occupy them. | ||
(7) The charges for which a person may be liable by virtue of subsection (5) are charges in respect of a period ending no later than whichever of the following first occurs after the person ceases to occupy the premises- | ||
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(8) In calculating the period of 48 hours referred to in subsection (6) any time falling on- | ||
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is to be disregarded. | ||
(9) In subsection (1), "communication pipes" and "supply pipes" have the same meanings as in the 1980 Act. | ||
36 | Section 35: meaning of "occupier" | |
(1) In the application of section 35 to services which are the subject of a determination under section 37(1)(a), references in section 35(1) and (2) to the occupier of premises are references to the person- | ||
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(2) Without prejudice to subsections (3) and (4) of section 35, the Scottish Ministers may, after consulting such persons as they think fit, by order make provision, in relation to such premises or description of premises as the order may specify, as to the persons who are, for the purposes of subsections (1) and (2) of that section, to be treated as being, or as not being, occupiers of the premises. | ||
(3) Section 35(3) and subsection (2) of this section do not apply in a case to which subsection (1) of this section applies. | ||
37 | Collection of charges by local authority | |
(1) The Scottish Ministers may by order determine- | ||
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(2) In subsection (1), "specified services" means services specified, or of a description specified, in the order. | ||
(3) An order under subsection (1) may include provision as to- | ||
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(4) Schedule 4 makes provision about recovery by a local authority of unpaid charges. | ||
(5) In this section and section 38, "dwelling" has the same meaning as in Part II of the Local Government Finance Act 1992 (c.14). | ||
38 | Suspension of collection of charges by local authority | |
(1) This section applies in relation to any dwellings to which Scottish Water provides services which are the subject of a determination under section 37(1)(a). | ||
(2) Where, in relation to any such dwellings, Scottish Water serves a notice under this subsection on the relevant local authority, the services which are the subject of the determination, so far as provided to dwellings to which the notice relates, are to be treated for so long as the notice remains in force as if they were not subject to the determination. | ||
(3) A notice under subsection (2) may be withdrawn in whole or in part by Scottish Water by serving a further notice on the relevant local authority. | ||
(4) The Scottish Ministers may by regulations make provision as to- | ||
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(5) Regulations under subsection (4) may also make provision for the payment by Scottish Water to the relevant local authority of a sum, specified in or calculated in accordance with the regulations, in respect of any reasonable administrative expenses incurred by the authority in consequence of the service of a notice under subsection (2) or (3). | ||
(6) In this section, "the relevant local authority" means the local authority which- | ||
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39 | Primacy of duty to maintain domestic water supply etc. | |
Sections 29(1) and 37 are without prejudice to- | ||
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40 | Reduced charges | |
(1) The Scottish Ministers may by regulations provide that a person who- | ||
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is instead exempt from such liability or liable to pay the reduced amount referred to in subsection (2). | ||
(2) The reduced amount is an amount- | ||
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(3) The conditions and rules to be specified in regulations under subsections (1)(b) and (2)(b) respectively may be determined by reference to such factors as the Scottish Ministers think fit. | ||
Finances | ||
41 | Duties and powers relating to finance | |
(1) Scottish Water must exercise its functions so as to secure that, taking one year with another, its income is not less than sufficient to meet its expenditure. | ||
(2) The Scottish Ministers may by order direct Scottish Water to exercise its functions, during any period specified in the order, with a view to securing that it achieves in respect of that period a rate of return on the value of its average net assets (as for the time being defined for the purposes of this section by the Scottish Ministers) which is not less than the rate specified in the order as the rate of return which the Scottish Ministers consider it is reasonable for Scottish Water to achieve. | ||
(3) Without prejudice to subsection (1), the Scottish Ministers may, after consulting Scottish Water, determine that Scottish Water is (in addition to or in place of a duty imposed by virtue of subsection (2)) subject to a specified duty of a financial nature; and different determinations may be so made in relation to different functions of Scottish Water. | ||
(4) A determination under subsection (3) may- | ||
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(5) A determination under subsection (3) must be made by order where- | ||
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(6) Scottish Water must secure that its charges make a proper contribution to its duties, as respect financial matters, under this Act, taking into account- | ||
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42 | Financing and borrowing | |
(1) The Scottish Ministers may pay to Scottish Water grants of such amounts as they may determine- | ||
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(2) A grant under subsection (1) may be made subject to such conditions as the Scottish Ministers think fit. | ||
(3) For the purpose of the exercise of any of its functions, Scottish Water may- | ||
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(4) In any financial year the net amount of sums borrowed by Scottish Water must not exceed the amount specified for that year for the purposes of this section in a Budget Act. | ||
(5) In subsection (4), "net amount" means the amount of sums borrowed in the financial year less- | ||
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(6) Any loans made in pursuance of subsection (3)(a) are to be repaid to the Scottish Ministers at such times and by such methods, and interest on the loans is to be paid to them at such times and at such rates, as they may from time to time direct. | ||
43 | Guarantees | |
(1) The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sums borrowed by Scottish Water or any subsidiary of Scottish Water. | ||
(2) Immediately after a guarantee is given under this section, the Scottish Ministers must lay a statement of the guarantee before the Parliament. | ||
(3) Where any sum is paid out in fulfilment of a guarantee under this section, Scottish Water must make to the Scottish Ministers, at such times and in such manner as they may from time to time direct- | ||
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(4) In subsection (1), "subsidiary" is to be construed in accordance with section 736 of the Companies Act 1985 (c.6). | ||
44 | Directions as to payment and investment | |
(1) The Scottish Ministers may, after consulting Scottish Water, direct it to pay to them, on a date specified in the direction, a sum specified in, or calculated in accordance with, the direction, being a sum not required for the exercise of its functions. | ||
(2) The Scottish Ministers may, after consulting Scottish Water, direct it to invest, in such manner as may be specified in the direction, a sum specified in, or calculated in accordance with, the direction, being a sum not immediately required for the exercise of its functions. | ||
(3) A direction under subsection (1) or (2) is not competent in relation to any sum which is payable to the Scottish Ministers under or by virtue of any other provision of this Act. | ||
45 | Accounts and audit | |
(1) Scottish Water must- | ||
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(2) Every statement of accounts prepared by Scottish Water in accordance with this section must comply with any direction given by the Scottish Ministers relating to- | ||
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Land transactions | ||
46 | Acquisition of land by agreement | |
(1) Scottish Water may under this subsection- | ||
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(2) Subsection (3) applies in relation to any acquisition of land under subsection (1) for the purposes of any of the core functions of Scottish Water or for the purpose mentioned in paragraph (b) of that subsection. | ||
(3) In relation to any such acquisition of land, the Lands Clauses Acts (except in so far as they relate to acquisition other than by agreement and to access to the special Act and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845 (c.19)), and- | ||
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are hereby incorporated with this section; and, in construing those Acts for the purposes of that subsection, this section is to be taken to be the special Act and Scottish Water is to be taken to be the promoter of the undertaking or company as the case may require. | ||
47 | Compulsory acquisition of land | |
(1) Scottish Water may- | ||
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be authorised by the Scottish Ministers to purchase compulsorily under this subsection land (other than water rights) situated in Scotland. | ||
(2) Subsection (1) is- | ||
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(3) Scottish Water is, in respect of all of its core functions, a statutory undertaker for the purposes of section 120(1)(b) of the Local Government, Planning and Land Act 1980 (c.65) (persons to whose compulsory acquisition of an interest in land the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) in certain circumstances applies). | ||
(4) Scottish Water may be authorised by the Scottish Ministers to purchase compulsorily, or may acquire by agreement, land in Scotland for giving in exchange for such land as is mentioned in section 1(2)(b) of that Act of 1947. | ||
(5) This section is subject to section 67(4). | ||
48 | Disposal of land | |
(1) Scottish Water may dispose of land held by it in any manner, to whomsoever and for whatever purpose it wishes. | ||
(2) But Scottish Water may not, except with the consent of the Scottish Ministers, dispose of land under subsection (1) for a consideration less than the best that could reasonably be expected to be obtained on the open market. | ||
General duties | ||
49 | Interests of customers | |
The Scottish Ministers, when exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, when exercising its functions, must have regard to the interests of every person who is a customer or potential customer of Scottish Water and especially of such of those persons as- | ||
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50 | Economy, efficiency and effectiveness | |
Scottish Water must, in exercising its functions, seek to ensure that its resources are used economically, efficiently and effectively. | ||
51 | Sustainable development | |
(1) Scottish Water must, in exercising its functions, act in the way best calculated to contribute to the achievement of sustainable development. | ||
(2) Subsection (1) applies so far as is consistent with the purposes of any enactment relating to the functions of Scottish Water. | ||
(3) In complying with subsection (1) Scottish Water must have regard to any guidance for the time being issued by the Scottish Ministers. | ||
52 | Public access to land held by Scottish Water | |
(1) The Scottish Ministers, in exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, in exercising its functions, must have regard to the desirability of preserving for the public any freedom of access (including access for recreational purposes) to land held by Scottish Water. | ||
(2) This section is without prejudice to section 53(1) and (2)(a). | ||
53 | Environmental matters | |
(1) The Scottish Ministers, in exercising their functions under or by virtue of this Act, the 1968 Act or the 1980 Act and Scottish Water, in exercising its functions, must have regard to the matters specified in subsection (2). | ||
(2) Those matters are- | ||
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(3) The Scottish Ministers and Scottish Water must, in exercising the functions referred to in subsection (1), further- | ||
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(4) Subsection (3) applies so far as is consistent with the purposes of any enactment relating to the functions of the Scottish Ministers or, as the case may be, Scottish Water (whether or not functions under or by virtue of this Act, the 1968 Act or the 1980 Act). | ||
54 | Protection of natural heritage | |
(1) Scottish Natural Heritage ("SNH") must by notice in writing notify Scottish Water of any area of land in Scotland which is a protected area. | ||
(2) An area of land is a protected area if- | ||
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(3) Where SNH has given notice under subsection (1) in respect of an area of land and- | ||
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SNH must by notice in writing advise Scottish Water of that fact. | ||
(4) Where Scottish Water has received notice under subsection (1), it must (unless SNH has given notice under subsection (3) to the effect that the area of land in question is no longer a protected area) consult SNH before commencing any scheme, work, operation or activity which is likely to prejudice significantly the qualities by reference to which the area of land was designated as a Natural Heritage Area or notified as an area of special scientific interest or, as the case may be, is a European site. | ||
(5) Before commencing any scheme, work, operation or activity which appears to Scottish Water to be likely to affect adversely an area of land designated as a National Park under the National Parks (Scotland) Act 2000 (asp 10), Scottish Water must consult the National Park authority for the National Park. | ||
(6) Subsections (4) and (5) do not apply in relation to anything to be done by Scottish Water in an emergency but particulars of what is done and of the emergency must be notified by Scottish Water to SNH or, as the case may be, the National Park authority as soon as is practicable after the thing is done. | ||
55 | Consultation with Health Boards | |
(1) Where it appears to Scottish Water that (whether or not as a result of any act or omission by it) services provided by it in the exercise of its core functions give rise to, or are likely to give rise to, a significant risk to public health in relation to the area of any Health Board, Scottish Water must- | ||
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(2) This section is without prejudice to section 11(6). | ||
Miscellaneous | ||
56 | Directions | |
(1) The Scottish Ministers must give Scottish Water directions- | ||
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(2) Directions under subsection (1) may be of a general or specific character and may, in particular, include provision- | ||
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(3) The Scottish Ministers may give Scottish Water other directions of a general or specific character as to the exercise of its functions. | ||
(4) Before giving any direction under this section, the Scottish Ministers must consult Scottish Water. | ||
(5) Scottish Water must comply with directions given under this Part. | ||
57 | Information and reports | |
(1) Scottish Water must provide the Scottish Ministers with such information relating to the exercise of its functions as they may require. | ||
(2) For that purpose Scottish Water must- | ||
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(3) Scottish Water must prepare- | ||
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as soon as practicable after the end of the period to which the report relates. | ||
(4) A report prepared under subsection (3)(a) must include a statement of accounts for the period to which the report relates; and subsection (2) of section 45 applies to such a statement of accounts as it applies to a statement of accounts prepared in accordance with that section. | ||
(5) A report prepared under subsection (3)(b) must include- | ||
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(6) Scottish Water must- | ||
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(7) A report prepared under subsection (3) must set out any directions under section 56 which have been given to Scottish Water during the period to which the report relates. | ||
(8) The Scottish Ministers must lay a copy of a report sent to them under subsection (6) before the Parliament. | ||
58 | Records | |
(1) This section applies to all records (in whatever form or medium)- | ||
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(2) Scottish Water must, after consulting the Keeper of the Records of Scotland, make arrangements for the preservation and management of the records and must ensure that the records are preserved and managed in accordance with those arrangements. | ||
(3) Scottish Water may from time to time revise those arrangements but before making any material change must consult the Keeper. | ||
(4) Despite subsection (2), Scottish Water may dispose of records which in its opinion are not worthy of preservation. | ||
(5) Scottish Water- | ||
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(6) Nothing in subsection (5)(b) permits infringement of copyright or contravention of conditions subject to which records are in the keeping of Scottish Water. | ||
(7) If any enactment makes provision relating to records of a specific kind which is inconsistent with subsections (1) to (6), those subsections are subject to that enactment. | ||
59 | Validity of actings | |
The validity of any actings of Scottish Water is not affected by any failure to comply with a duty imposed on it under or by virtue of this Part. | ||
60 | Private legislation | |
(1) Scottish Water may, if it thinks fit- | ||
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(2) An application for consent under subsection (1)(a) must be accompanied by a concise summary of the purposes of the proposed legislation. | ||
(3) Such consent must be withheld if the Scottish Ministers consider that the powers sought by the private legislation could be obtained by means of an order under the 1968 Act or, as the case may be, the 1980 Act. | ||
61 | Supply of goods and services to and by local authorities | |
The Local Authorities (Goods and Services) Act 1970 (c.39) has effect as if Scottish Water were both a local authority and a public body for the purposes of that Act. | ||
62 | Information from local authorities and assessors | |
(1) The Scottish Ministers may by regulations require a local authority or an assessor to provide Scottish Water with relevant information in such form as the regulations may specify. | ||
(2) For the purposes of subsection (1), information is relevant if- | ||
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(3) Information falls within this subsection if it is held- | ||
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(4) In this section- | ||
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Water Industry (Scotland) Act 2002 | |||||||||||||||||||||||||||||||||||||||
PART 4 | |||||||||||||||||||||||||||||||||||||||
MISCELLANEOUS AND GENERAL | |||||||||||||||||||||||||||||||||||||||
Miscellaneous | |||||||||||||||||||||||||||||||||||||||
63 | Register of trade effluents: confidential information | ||||||||||||||||||||||||||||||||||||||
After section 37B of the 1968 Act insert- | |||||||||||||||||||||||||||||||||||||||
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64 | Works in connection with metering | ||||||||||||||||||||||||||||||||||||||
After section 24A of the 1980 Act insert- | |||||||||||||||||||||||||||||||||||||||
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65 | Contravention of water byelaws: penalties and proceedings | ||||||||||||||||||||||||||||||||||||||
(1) Section 72 (general provisions as to byelaws) of the 1980 Act is amended as follows. | |||||||||||||||||||||||||||||||||||||||
(2) In subsection (3) (maximum level of penalty), for "level 4" substitute "level 5". | |||||||||||||||||||||||||||||||||||||||
(3) After that subsection, insert- | |||||||||||||||||||||||||||||||||||||||
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General | |||||||||||||||||||||||||||||||||||||||
66 | Offences by bodies corporate and partnerships | ||||||||||||||||||||||||||||||||||||||
(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of- | |||||||||||||||||||||||||||||||||||||||
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that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. | |||||||||||||||||||||||||||||||||||||||
(2) Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. | |||||||||||||||||||||||||||||||||||||||
67 | Crown application | ||||||||||||||||||||||||||||||||||||||
(1) This Act binds the Crown, but nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity. | |||||||||||||||||||||||||||||||||||||||
(2) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public authority or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. | |||||||||||||||||||||||||||||||||||||||
(3) Despite subsection (2), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons. | |||||||||||||||||||||||||||||||||||||||
(4) The powers conferred by section 47 are exercisable in relation to land forming part of the Crown Estate only with the consent of the Crown Estate Commissioners. | |||||||||||||||||||||||||||||||||||||||
68 | Orders and regulations | ||||||||||||||||||||||||||||||||||||||
(1) Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument. | |||||||||||||||||||||||||||||||||||||||
(2) Any such power includes power- | |||||||||||||||||||||||||||||||||||||||
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(3) An order under section 24(3) or 69 may modify any enactment, instrument or document. | |||||||||||||||||||||||||||||||||||||||
(4) A statutory instrument containing an order or regulations under this Act (except sections 41(5) and 72(1) and, where subsection (5) of this section applies, sections 24(3) and 69) is subject to annulment in pursuance of a resolution of the Scottish Parliament. | |||||||||||||||||||||||||||||||||||||||
(5) No order under section 24(3) or 69 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft has been laid before, and approved by resolution of, the Parliament. | |||||||||||||||||||||||||||||||||||||||
(6) No order is to be made under section 41(5) unless a draft has been laid before, and approved by resolution of, the Parliament. | |||||||||||||||||||||||||||||||||||||||
69 | Ancillary provision | ||||||||||||||||||||||||||||||||||||||
The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act. | |||||||||||||||||||||||||||||||||||||||
70 | Interpretation | ||||||||||||||||||||||||||||||||||||||
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(2) In this Act, references to core functions, in relation to Scottish Water, are to its functions under or by virtue of the 1968 Act, the 1980 Act, this Act and any other enactment, but excluding its functions under subsection (1) of section 25 of this Act and subsection (2) of that section so far as relating to subsection (1). | |||||||||||||||||||||||||||||||||||||||
71 | Modification of enactments | ||||||||||||||||||||||||||||||||||||||
(1) Schedules 5 and 6 make modifications of, respectively, the 1968 Act and the 1980 Act. | |||||||||||||||||||||||||||||||||||||||
(2) Schedule 7 makes modifications of other enactments. | |||||||||||||||||||||||||||||||||||||||
72 | Commencement and short title | ||||||||||||||||||||||||||||||||||||||
(1) The provisions of this Act, other than this section and sections 66 to 70, come into force on such day as the Scottish Ministers may by order appoint. | |||||||||||||||||||||||||||||||||||||||
(2) This Act may be cited as the Water Industry (Scotland) Act 2002. | |||||||||||||||||||||||||||||||||||||||
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Water Industry (Scotland) Act 2002 | ||
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SCHEDULE 1 | |
WATER INDUSTRY COMMISSIONER AND CUSTOMER PANELS: FURTHER PROVISION | ||
PART 1 | ||
THE COMMISSIONER | ||
Appointment | ||
1 | (1) The Commissioner is to be appointed by the Scottish Ministers on such terms and conditions as they may determine. | |
(2) Those terms and conditions may include arrangements for the payment of pensions, allowances or gratuities to, or in respect of, persons who have ceased to hold office as Commissioner. | ||
Staff | ||
2 | (1) The Commissioner may, with the consent of the Scottish Ministers as to numbers, terms and conditions, appoint staff. | |
(2) The Commissioner may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of staff of the Commissioner and may in particular- | ||
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(3) Arrangements under sub-paragraph (2) are subject to the approval of the Scottish Ministers. | ||
Status | ||
3 | The Commissioner and the Commissioner's staff are not to be regarded as servants or agents of the Crown and do not have any status, immunity or privilege of the Crown. | |
Accounts | ||
4 | The Commissioner must- | |
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PART 2 | ||
CUSTOMER PANELS | ||
Convener | ||
5 | (1) The Scottish Ministers are to appoint, on such terms and conditions as they may determine, an individual to be known as the Convener of the Water Customer Consultation Panels (referred to in this schedule as the "Convener"). | |
(2) The Convener is not to be regarded as a servant or agent of the Crown and does not have any status, immunity or privilege of the Crown. | ||
Membership | ||
6 | (1) The Convener is to be a member of each Customer Panel. | |
(2) The other members of a Customer Panel are to be appointed by the Convener in accordance with procedures, and on terms and conditions, approved by the Scottish Ministers. | ||
(3) The Convener must, in accordance with those procedures, appoint one of the other members to be deputy convener of the Panel. | ||
(4) Before appointing the other members under sub-paragraph (2), the Convener must consult the Commissioner and such bodies representing consumer interests as the Scottish Ministers may direct. | ||
Remuneration and allowances | ||
7 | The Commissioner must pay to the Convener and to the deputy convener and ordinary members of a Customer Panel- | |
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as the Scottish Ministers may determine. | ||
Administrative support | ||
8 | The Commissioner is to provide the Convener and each Customer Panel, or ensure that they are provided, with the property, staff and services required for their purposes in accordance with arrangements approved by the Scottish Ministers. | |
Proceedings | ||
9 | (1) The proceedings of a Customer Panel must be conducted in accordance with arrangements- | |
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(2) The validity of any proceedings of a Customer Panel is not affected by any vacancy among its members or by any defect in the appointment of a member. | ||
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Water Industry (Scotland) Act 2002 | ||
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SCHEDULE 2 | |
DRINKING WATER QUALITY REGULATOR: FURTHER PROVISION AS TO POWERS OF ENTRY ETC. | ||
Notice of entry | ||
1 | (1) The Regulator is entitled to demand entry into any premises as of right by virtue of section 9(1), 12(2)(a) or 13(3)(a) (in this schedule referred to as "the relevant provisions") only at a reasonable time, except in an emergency. | |
(2) Unless the premises are premises of a public water supplier, the Regulator must give 24 hours' notice of the intended entry to the occupier of the premises. | ||
Warrant to exercise right or power | ||
2 | (1) If a sheriff or a justice of the peace is satisfied, by evidence on oath, that- | |
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the sheriff or justice may by warrant authorise the Regulator and any person authorised by the Regulator for the purpose to exercise the power in relation to those premises in accordance with the warrant and, if need be, by force. | ||
(2) The conditions mentioned in sub-paragraph (1) are- | ||
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(3) A sheriff or justice must not issue a warrant under this schedule by virtue only of being satisfied that a condition specified in sub-paragraph (2)(a) or (b) is fulfilled unless the sheriff or justice is also satisfied- | ||
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(4) A warrant under this schedule continues in force until the purposes for which the warrant was issued have been fulfilled. | ||
Evidence of authority | ||
3 | A person entitled to exercise any power conferred by the relevant provisions must, if required to do so, produce written evidence of that entitlement. | |
Supplementary powers | ||
4 | A person entitled to enter any premises by virtue of any power conferred by the relevant provisions is entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take on to the premises such other persons and such equipment as may be necessary. | |
Duty to secure premises | ||
5 | A person who enters any premises in the exercise of any power conferred by the relevant provisions must leave the premises as effectually secured against trespassers as that person found them. | |
Compensation | ||
6 | (1) Where any person exercises any power conferred by the relevant provisions, the Scottish Ministers must make full compensation to any person who has sustained loss or damage by reason of- | |
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(2) Compensation is not payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage- | ||
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(3) Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of any such compensation, is to be referred to the arbitration of a single arbiter appointed by agreement between the Scottish Ministers and the person who claims to have sustained the loss or damage or, in default of agreement, by the President of the Lands Tribunal for Scotland. | ||
Commercially confidential information | ||
7 | (1) Any person who enters any premises in the exercise of any power conferred by the relevant provisions and who makes use of or discloses any information obtained by that person on those premises with regard to any manufacturing process or trade secret is guilty of an offence. | |
(2) A person guilty of an offence under sub-paragraph (1) is liable- | ||
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Interpretation | ||
8 | For the purposes of paragraphs 5 and 6 a person enters any premises in the exercise of a power conferred by the relevant provisions despite a failure (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with- | |
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Water Industry (Scotland) Act 2002 | ||
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SCHEDULE 3 | |
SCOTTISH WATER: STATUS, CONSTITUTION, PROCEEDINGS ETC. | ||
Status | ||
1 | Scottish Water- | |
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and its property is not to be regarded as property of, or held on behalf of, the Crown. | ||
Membership | ||
2 | (1) Scottish Water is to consist of a board comprising- | |
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(2) The number of non-executive members must exceed the number of executive members by at least 2. | ||
(3) The non-executive members are to be appointed by the Scottish Ministers from amongst persons who appear to them to have knowledge or experience relevant to the functions of Scottish Water. | ||
(4) One of the non-executive members to be appointed under sub-paragraph (3) must be a person appearing to the Scottish Ministers to have special knowledge of the interests of the employees of Scottish Water. | ||
(5) Before inviting applications for appointment as that member, the Scottish Ministers must consult such persons representing those employees as they think fit as to- | ||
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that persons seeking such appointment should possess. | ||
(6) The chief executive of Scottish Water is to be one of its executive members and the other executive members are to be appointed by Scottish Water, with the approval of the Scottish Ministers, from amongst its other employees. | ||
Tenure and removal from office | ||
3 | (1) Each member other than the chief executive- | |
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(2) The Scottish Ministers may remove a non-executive member, and Scottish Water may, with the approval of the Scottish Ministers, remove an executive member, from office if satisfied that- | ||
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(3) Without prejudice to its powers under sub-paragraph (2), Scottish Water may, with the approval of the Scottish Ministers, remove an executive member from office if it considers it necessary or expedient to do so in connection with the management of the affairs of Scottish Water. | ||
(4) An executive member ceases to hold office as such on ceasing to be an employee of Scottish Water. | ||
(5) A person who ceases to be an executive member does not, by reason only of that, cease to be an employee of Scottish Water. | ||
Chairing | ||
4 | (1) The Scottish Ministers- | |
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(2) The member appointed to chair the board and any member appointed to act as deputy to that member hold and vacate office as such in accordance with the terms of their appointments. | ||
(3) A member so appointed may, by written notice to the Scottish Ministers, resign from office as such. | ||
(4) A member so appointed vacates office on ceasing to be a non-executive member of Scottish Water. | ||
(5) Where a non-executive member- | ||
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the Scottish Ministers may vary the terms of the member's appointment so as to alter the date on which office as a non-executive member is to be vacated. | ||
Remuneration, allowances and pensions | ||
5 | (1) Scottish Water must pay to those of its members holding an office specified in sub-paragraph (5) such remuneration as the Scottish Ministers may determine. | |
(2) Scottish Water must pay to those members and the other members such allowances as the Scottish Ministers may determine in respect of expenses properly incurred in the performance of their duties. | ||
(3) Where a person ceases to be a non-executive member otherwise than on the expiry of that person's term of office, the Scottish Ministers may, if they think there are special circumstances, direct Scottish Water to pay to the person such amount of compensation as they may determine. | ||
(4) The Scottish Ministers may direct Scottish Water to pay- | ||
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as they consider appropriate. | ||
(5) The offices referred to in sub-paragraphs (1) and (4)(a) are- | ||
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Chief executive and other staff | ||
6 | (1) The Scottish Ministers must, after consultation with the member appointed, or to be appointed, to chair the board (if there is a person holding, or as the case may be designated to hold, that office), make the first appointment of chief executive of Scottish Water on such terms and conditions as the Scottish Ministers may determine. | |
(2) Scottish Water may, with the approval of the Scottish Ministers, make subsequent appointments to the post of chief executive on such terms and conditions as it may with the approval of the Scottish Ministers determine. | ||
(3) Scottish Water may appoint on such terms and conditions as it may with the approval of the Scottish Ministers determine such other employees as it considers appropriate. | ||
(4) Scottish Water must, as regards such of its employees as it may with the approval of the Scottish Ministers determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities. | ||
(5) Such arrangements- | ||
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(6) The reference in sub-paragraph (4) to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments. | ||
Committees | ||
7 | (1) Scottish Water may establish committees for or in connection with the exercise of such of its functions as it may determine. | |
(2) Employees of Scottish Water who are not members of Scottish Water may be appointed to be members of any committee established by it. | ||
Proceedings | ||
8 | The quorum of Scottish Water and any committee established under paragraph 7(1), and the arrangements for its meetings and meetings of any such committee, are to be such as Scottish Water may determine. | |
Delegation of powers | ||
9 | (1) Anything authorised or required under any enactment to be done by Scottish Water may be done by any of its committees which, or by any of its members or employees who, are authorised (whether generally or specifically) for the purpose by it. | |
(2) Nothing in sub-paragraph (1) prevents Scottish Water from doing anything that a committee, member or employee has been authorised or required to do. | ||
Validity of proceedings and actings | ||
10 | The validity of any proceedings or actings of Scottish Water is not affected by- | |
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Transitory arrangements: initial appointments | ||
11 | (1) Until the first appointment of the non-executive member mentioned in sub-paragraph (4) of paragraph 2- | |
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(2) Sub-paragraph (1)(c) of this paragraph is without prejudice to paragraph 10. | ||
12 | (1) The Scottish Ministers may appoint, on such terms and conditions as they may determine, persons to act as executive members until the appointment of the first executive members by Scottish Water under paragraph 2(6). | |
(2) A person appointed by the Scottish Ministers under sub-paragraph (1)- | ||
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Water Industry (Scotland) Act 2002 | ||
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SCHEDULE 4 | |
RECOVERY BY LOCAL AUTHORITY OF UNPAID CHARGES | ||
1 | This schedule applies to any sum which has become payable to a local authority by virtue of section 37 and has not been paid (including a sum forming part of a larger sum which has become payable and the other part of which has been paid). | |
2 | (1) Any sum to which this schedule applies may be recovered by the local authority by diligence- | |
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(2) The sheriff, on an application by the authority which is accompanied by a certificate from them containing such particulars as may be prescribed by the Scottish Ministers by regulations, must grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by way of any of the diligences mentioned in sub-paragraph (3), of the amount of the sum remaining due and unpaid along with a surcharge of 10 per cent of that amount. | ||
(3) The diligences referred to in sub-paragraph (2) are- | ||
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(4) It is incompetent for the sheriff to grant a summary warrant under sub-paragraph (2) in respect of any sum to which this schedule applies if an action has already been raised for the recovery of that sum; and, without prejudice to sub-paragraph (5), on the raising of an action for the recovery of any such sum, any existing summary warrant, in so far as it relates to the recovery of that sum, ceases to have effect. | ||
(5) It is incompetent to raise an action for the recovery of any sum to which this schedule applies if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) for the recovery of that sum has been executed. | ||
(6) The Scottish Ministers may by order substitute another percentage for the percentage which is for the time being mentioned in sub-paragraph (2). | ||
3 | No misnomer or inaccurate description of any person or place, or mistake of informality, in any notice or other document or communication relating to a demand for, or the recovery of, charges payable to the local authority by virtue of section 37 or in any proceedings for the payment of such charges prejudices such recovery. | |
4 | (1) The sheriff officer's fees, together with the outlays necessarily incurred by the sheriff officer, in connection with the execution of a summary warrant under paragraph 2 are chargeable against the debtor. | |
(2) But no fees are chargeable by the sheriff officer against the debtor for collecting, and accounting to the local authority for, the sums paid to the sheriff officer by the debtor in satisfaction of an amount owing to the authority by way of charges payable to them by virtue of section 37. | ||
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Water Industry (Scotland) Act 2002 | |||
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SCHEDULE 5 | ||
MODIFICATIONS OF SEWERAGE (SCOTLAND) ACT 1968 | |||
1 | The Sewerage (Scotland) Act 1968 (c.47) is amended as follows. | ||
2 | In each of the following provisions, for "a sewerage authority" wherever the expression occurs substitute "Scottish Water"-
section 1(2)(a) and (3), section 3(1), (2) and (3), section 3A(1), section 4, section 7(1) and (3), section 10(1), section 11(1), (2) and (3), section 12(3), (4) and (8), section 14(1) and (6), section 15(1) and (4), section 16(1) and (3), section 16A(1), section 17(2) and (4), section 20(1), (4) and (5), section 22(1), (2A) and (3), section 23, section 24, section 25, section 26, section 27(1), section 28(1), section 29(1), section 30(1), section 32(1), section 36(1), section 37(1) and (3), section 37A(1) and (3), section 38(1), section 39, section 44, section 45(1), section 48(1), section 53. | ||
3 | In each of the following provisions, for "the sewerage authority" wherever the expression occurs substitute "Scottish Water"-
section 1(2)(b) and (4), section 3(2), section 3A(2), section 11(4), section 12(8), section 15(1), section 16(2), section 16A(2), section 17(3), section 20(4), section 21(1), section 23, section 31, section 32(2), section 33(2), section 34, section 35, section 36(2), section 37(4) and (6), section 42(2), section 48(3), section 51(2) and (4). | ||
4 | In each of the following provisions, for "the authority" wherever the expression occurs substitute "Scottish Water"-
section 1(4), section 3A(2), section 4, section 8(1), section 10(2), section 11(1), section 12(3), section 14(1) and (5), section 16(1)(b) and (2), section 20(1) and (3), section 21(1), section 24(1) and (2), section 26, section 27(1), (3), (4) and (5), section 28(2), section 29(3) and (6), section 31, section 32(3), (5) and (7), section 35, section 36(2), section 37(4), (5), (6) and (7), section 37A(2), section 38(2), section 45(1), section 48(1), section 51(3). | ||
5 | In section 1 (duty of sewerage authority to provide for sewerage of their area)- | ||
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6 | In section 2 (maintenance of public sewers and other works)- | ||
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7 | In section 3 (construction etc. of public sewers and public sewage treatment works)- | ||
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8 | In section 3A (authorisation of construction of certain private sewers)- | ||
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9 | In section 4 (power of sewerage authority to close or alter public sewers etc.)- | ||
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10 | Section 6 (functions outwith area of a sewerage authority) is repealed. | ||
11 | In section 7 (agreements between roads and sewerage authorities)- | ||
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12 | In section 8 (agreements as to provision of sewers etc. for new premises)- | ||
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13 | In section 9 (loan of temporary sanitary conveniences), for- | ||
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substitute "Scottish Water". | |||
14 | In section 10 (emptying of septic tanks)- | ||
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15 | In section 11 (duty of sewerage authority to keep map showing public sewers etc.)- | ||
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16 | In section 12 (rights of owners and occupiers to connect with and drain into public sewers etc.)- | ||
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17 | Section 13 (rights of owners and occupiers to connect with and drain into sewers etc. of another sewerage authority) is repealed. | ||
18 | In section 14 (direction by sewerage authority as to manner of construction of works)- | ||
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19 | In section 15 (owner or occupier to remedy defects in drains and other works)- | ||
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20 | In section 16 (vesting of sewers and other works in sewerage authority)- | ||
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21 | In section 16A (vesting of certain private sewers)- | ||
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22 | In section 17 (sewerage authority may take over private sewage treatment works)- | ||
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23 | In section 20 (compensation for loss etc. resulting from exercise of powers under this Act)- | ||
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24 | In section 21(1) (buildings not to interfere with sewers), for "they have" substitute "it has". | ||
25 | In section 23 (restriction on working minerals), for "section 98(1)(b) of the Local Government etc. (Scotland) Act 1994" substitute "section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3)". | ||
26 | In section 27 (procedure on application for consent to new discharge)- | ||
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27 | In section 28 (time to dispose of application), for "them" in each place where it occurs substitute "it". | ||
28 | In section 29 (decision on application)- | ||
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29 | In section 30(1) (intimation of decision)- | ||
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30 | In section 32 (review of consents, conditions and refusals)- | ||
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31 | In section 36 (review of continuation of existing discharge)- | ||
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32 | In section 37 (agreements as respects trade premises)- | ||
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33 | In section 37A (register for purposes of Part II)- | ||
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34 | In section 38 (power to extend Part II to other effluents), in subsection (3), for "and such sewerage authorities" substitute ", Scottish Water and such". | ||
35 | In section 39 (sewerage authority to have right to sewage)- | ||
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36 | In section 41 (breaking open of roads etc.)- | ||
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37 | In section 42(1) (execution of works by sewerage authorities for other persons)- | ||
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38 | In section 44 (power of sewerage authorities to require information as to ownership etc. of premises)- | ||
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39 | In section 48(1) (powers of entry)- | ||
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40 | In section 55(2) (application of Act to Crown), for the words from "the sewerage" to "situated" substitute "Scottish Water". | ||
41 | In section 59 (interpretation)- | ||
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Water Industry (Scotland) Act 2002 | |||||||||||||||||
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SCHEDULE 6 | ||||||||||||||||
MODIFICATIONS OF WATER (SCOTLAND) ACT 1980 | |||||||||||||||||
1 | The Water (Scotland) Act 1980 (c.45) is amended as follows. | ||||||||||||||||
2 | In section 1 (general duties of Scottish Ministers and of water authorities), for "the water authorities" substitute "Scottish Water". | ||||||||||||||||
3 | (1) Section 6 (duty of authority to provide supply) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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4 | In section 8 (water supplied for domestic purposes to be wholesome)- | ||||||||||||||||
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5 | (1) Section 9 (supply of water for non-domestic purposes) is amended as follows. | ||||||||||||||||
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(5) In subsection (4), for "the authority are" substitute "Scottish Water is". | |||||||||||||||||
(6) In subsection (5)- | |||||||||||||||||
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6 | In section 9A (no charge for supply of water for extinguishing fires etc.), for "a water authority" substitute "Scottish Water". | ||||||||||||||||
7 | In section 10 (compensation for damage resulting from exercise of powers)- | ||||||||||||||||
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8 | (1) Section 11 (power of Scottish Ministers on default of authority) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(5) Subsections (4) to (7) are repealed. | |||||||||||||||||
9 | Section 12 (supply of water to premises outwith limits of supply) is repealed. | ||||||||||||||||
10 | (1) Section 13 (supply of water in bulk) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) Subsection (2) is repealed. | |||||||||||||||||
(4) In subsection (3)- | |||||||||||||||||
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(5) Subsections (4) and (5) are repealed. | |||||||||||||||||
(6) In subsection (6), for "a water authority" substitute "Scottish Water". | |||||||||||||||||
11 | In section 13A (supply of water for use outwith Scotland)- | ||||||||||||||||
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12 | In section 14 (power of water authority to give guarantee for supply of water)- | ||||||||||||||||
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13 | (1) Section 16 (powers of survey and search for water on land) is amended as follows. | ||||||||||||||||
(2) For subsection (1) substitute- | |||||||||||||||||
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(3) In subsection (2), for "the authority" substitute "Scottish Water". | |||||||||||||||||
(4) In subsection (3)- | |||||||||||||||||
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(5) In subsection (8)- | |||||||||||||||||
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14 | (1) Section 17 (acquisition of water rights) is amended as follows. | ||||||||||||||||
(2) In subsection (1), for "A water authority" substitute "Scottish Water". | |||||||||||||||||
(3) In subsection (2)- | |||||||||||||||||
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15 | In section 18(1) (compulsory acquisition of land for water works)- | ||||||||||||||||
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16 | In section 21 (power to carry out works)- | ||||||||||||||||
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17 | In section 22 (power to break open roads)- | ||||||||||||||||
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18 | (1) Section 23 (power to lay mains etc.) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) After subsection (1) insert- | |||||||||||||||||
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(4) In subsection (1A)- | |||||||||||||||||
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(6) In subsection (3)- | |||||||||||||||||
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19 | (1) Section 24A (keeping of map showing water mains etc.) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) In subsection (3), for "the water authority" substitute "Scottish Water". | |||||||||||||||||
20 | In section 25(1) (power of authority to provide public wells)- | ||||||||||||||||
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21 | In section 26 (power to close, or restrict use of, wells)- | ||||||||||||||||
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22 | In section 28 (water works code)- | ||||||||||||||||
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23 | In section 29 (applications of enactments by order)- | ||||||||||||||||
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24 | In section 31(1) (consultation with authorities in England)- | ||||||||||||||||
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25 | In section 32(1) (power of water undertakers to supply water to water authorities), for "a water authority" in both places where the expression occurs substitute "Scottish Water". | ||||||||||||||||
26 | (1) Section 33 (temporary discharge of water into watercourses) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(4) In subsection (4)- | |||||||||||||||||
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(5) In subsection (6)(b), for "the authority" substitute "Scottish Water". | |||||||||||||||||
(6) In subsection (7)- | |||||||||||||||||
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(7) In subsection (8)- | |||||||||||||||||
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(8) In subsection (9)- | |||||||||||||||||
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(9) In subsection (11), for "the authority" substitute "Scottish Water". | |||||||||||||||||
27 | In section 34 (persons supplying water to supply to authority)- | ||||||||||||||||
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28 | In section 35 (power to supply water fittings)- | ||||||||||||||||
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29 | In section 36 (power to execute work on behalf of owner or occupier), for "A water authority" substitute "Scottish Water". | ||||||||||||||||
30 | In section 38(1) (entry of premises)- | ||||||||||||||||
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31 | In section 41A (supply of water by meter)- | ||||||||||||||||
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32 | (1) Section 50 (power to require supply by meter) is amended as follows. | ||||||||||||||||
(2) The existing provision becomes subsection (1). | |||||||||||||||||
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(4) At the end of that subsection insert "; or | |||||||||||||||||
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33 | In section 51 (power to require supplies for refrigerating apparatus etc. to be taken by meter)- | ||||||||||||||||
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34 | In section 52 (power to require supply for hose pipe to be taken by meter)- | ||||||||||||||||
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35 | In section 53(1) (provision as to supply to tents, vans, sheds, etc.)- | ||||||||||||||||
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36 | In section 54 (register of meter to be evidence)- | ||||||||||||||||
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37 | (1) Section 55 (charges for water supplied by meter) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) Subsections (3) and (4) are repealed. | |||||||||||||||||
38 | In section 56 (provision as to supply of water to agricultural subjects)- | ||||||||||||||||
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39 | (1) Section 58 (termination of right to supply of water on special terms) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2), for "the water authority" substitute "Scottish Water". | |||||||||||||||||
(4) In subsection (4)- | |||||||||||||||||
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(5) In subsection (5), for "The water authority" substitute "Scottish Water". | |||||||||||||||||
(6) Subsection (6) is repealed. | |||||||||||||||||
(7) In subsection (7), for "a water authority" substitute "Scottish Water". | |||||||||||||||||
40 | In section 59 (limitation of liability of water authority to supply water on special terms), for "a water authority" substitute "Scottish Water". | ||||||||||||||||
41 | In section 63 (provision of water supply for new buildings and houses)- | ||||||||||||||||
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42 | In section 68(1) (agreements as to drainage)- | ||||||||||||||||
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43 | In section 69 (power to restrict use of hose pipes)- | ||||||||||||||||
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44 | (1) Section 70 (byelaws for preventing misuse of water) is amended as follows. | ||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) In subsection (3), for "the authority" substitute "Scottish Water". | |||||||||||||||||
(5) In subsection (4)- | |||||||||||||||||
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45 | (1) Section 71 (byelaws for preventing pollution of water) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) In subsection (3)- | |||||||||||||||||
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(5) In subsection (4)- | |||||||||||||||||
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(6) Subsection (5) is repealed. | |||||||||||||||||
(7) In subsection (6), for "the authorities" substitute "Scottish Water". | |||||||||||||||||
46 | In section 72(2) (general provision as to byelaws)- | ||||||||||||||||
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47 | In section 73 (power of Scottish Ministers to require the making of byelaws)- | ||||||||||||||||
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48 | (1) Section 76 (acquisition of land for protection of water) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) In subsection (3)- | |||||||||||||||||
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49 | (1) Section 76A (duties of water authorities with respect to water quality) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) In subsection (3)- | |||||||||||||||||
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(5) In subsection (4)- | |||||||||||||||||
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50 | (1) Section 76B (regulations for preserving water quality) is amended as follows. | ||||||||||||||||
(2) In subsection (1)- | |||||||||||||||||
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(3) In subsection (2)- | |||||||||||||||||
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(4) In subsection (3)- | |||||||||||||||||
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(5) In subsection (4)- | |||||||||||||||||
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51 | In section 76C (offence of supplying water unfit for human consumption)- | ||||||||||||||||
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52 | In section 76D (provision of water where piped supplies insufficient or unwholesome)- | ||||||||||||||||
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53 | In section 76E (enforcement of sections 76A to 76D)- | ||||||||||||||||
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54 | In section 76F (general functions of local authorities in relation to water quality)- | ||||||||||||||||
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55 | In section 76G(6)(a) (remedial powers of local authorities in relation to private supplies), for "a water authority" substitute "Scottish Water". | ||||||||||||||||
56 | In section 76H(5)(b) (effect, confirmation and variation of notice under section 76G)- | ||||||||||||||||
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57 | In section 76I(2) (incidental powers of local authorities), for "a water authority" in both places where the expression occurs substitute "Scottish Water". | ||||||||||||||||
58 | In section 76L (interpretation etc. of Part VIA), in the definition of "private supply", for "a water authority" substitute "Scottish Water". | ||||||||||||||||
59 | In section 100(2) (orders), for the words from "all" to the end substitute "Scottish Water". | ||||||||||||||||
60 | In section 103 (notices to be in writing), for "water authority" in both places where the expression occurs substitute "Scottish Water". | ||||||||||||||||
61 | In section 107 (repeal, amendment and adaptation of local enactments)- | ||||||||||||||||
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62 | In section 109 (interpretation)- | ||||||||||||||||
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63 | In section 110(2) (further provisions as to communication pipes etc.)- | ||||||||||||||||
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64 | (1) Schedule 1 (procedure for making orders and making and confirming byelaws) is amended as follows. | ||||||||||||||||
(2) In paragraph 1- | |||||||||||||||||
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(3) In paragraph 2- | |||||||||||||||||
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(4) In paragraph 3- | |||||||||||||||||
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(5) In paragraph 4- | |||||||||||||||||
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(6) In paragraph 5, for "the applicants" in both places where the expression occurs substitute "Scottish Water". | |||||||||||||||||
(7) In paragraph 8- | |||||||||||||||||
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(8) In paragraph 11, in sub-paragraph (i), for "the water authority and" substitute "Scottish Water and on the". | |||||||||||||||||
(9) In paragraph 12, the words from "naming" to "order" in the second place where it occurs are repealed. | |||||||||||||||||
(10) In paragraph 14, for the words "the authority to whom the order relates" substitute "Scottish Water". | |||||||||||||||||
(11) In paragraph 15, after "from" in the second place where it occurs insert "Scottish Water or". | |||||||||||||||||
(12) In paragraph 17, for the words from "the authority" to the end substitute "Scottish Water". | |||||||||||||||||
(13) In paragraph 19- | |||||||||||||||||
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(14) In paragraph 20- | |||||||||||||||||
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(15) In paragraph 23, for the words from "the authority" to the end substitute "Scottish Water". | |||||||||||||||||
(16) In paragraph 24, the words from "shall be" to "and" are repealed. | |||||||||||||||||
(17) In paragraph 26, for "the water authority" substitute "Scottish Water". | |||||||||||||||||
(18) In paragraph 27- | |||||||||||||||||
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(19) In paragraph 30- | |||||||||||||||||
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(20) In paragraph 31, for "the authority" in both places where the expression occurs substitute "Scottish Water". | |||||||||||||||||
65 | In Schedule 2 (orders under section 17 authorising compulsory acquisition of land)- | ||||||||||||||||
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66 | (1) Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes) is amended as follows. | ||||||||||||||||
(2) In paragraph 1- | |||||||||||||||||
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(3) In paragraph 2(2)- | |||||||||||||||||
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(4) In paragraph 4- | |||||||||||||||||
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(5) In paragraph 5- | |||||||||||||||||
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(7) In paragraph 7- | |||||||||||||||||
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(8) In paragraph 9- | |||||||||||||||||
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67 | In Schedule 10 (amendment of enactments), Part I is repealed. | ||||||||||||||||
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Water Industry (Scotland) Act 2002 | |||
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SCHEDULE 7 | ||
MODIFICATIONS OF OTHER ENACTMENTS | |||
Fire Services Act 1947 (c.41) | |||
1 | In section 36(2) (application to Scotland) of the Fire Services (Scotland) Act 1947, for "a water authority within the meaning of the Water (Scotland) Act 1980" substitute "Scottish Water". | ||
Rivers (Prevention of Pollution) (Scotland) Act 1951 (c.66) | |||
2 | In section 35(1) (interpretation) of the Rivers (Prevention of Pollution) (Scotland) Act 1951- | ||
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Flood Prevention (Scotland) Act 1961 (c.41) | |||
3 | (1) The Flood Prevention (Scotland) Act 1961 is amended as follows. | ||
(2) In section 4(2) (flood prevention schemes), for "a sewerage or water authority" substitute "Scottish Water". | |||
(3) In section 12(1)(b) (contributions to and by local authorities), for "a sewerage or water authority" substitute "Scottish Water". | |||
(4) In section 15(1) (interpretation), the definitions of "sewerage authority" and "water authority" are repealed. | |||
Local Government (Scotland) Act 1966 (c.51) | |||
4 | In section 46(1) (general interpretation) of the Local Government (Scotland) Act 1966, in the definition of "water undertaking", for "a local water authority" substitute "Scottish Water". | ||
Countryside (Scotland) Act 1967 (c.86) | |||
5 | (1) The Countryside (Scotland) Act 1967 is amended as follows. | ||
(2) In section 61 (improvement of waterways for purposes of open-air recreation)- | |||
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(3) In section 63 (provision of recreational facilities by water authorities)- | |||
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(4) In section 78(1) (interpretation), the definition of "water authority" is repealed. | |||
Local Government (Scotland) Act 1973 (c.65) | |||
6 | (1) The Local Government (Scotland) Act 1973 is amended as follows. | ||
(2) In section 170A(5)(c) (production and supply of heat and electricity etc. by local authorities), for "a water authority" substitute "Scottish Water". | |||
(3) In section 170B(2) (provision supplementary to section 170A)- | |||
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Reservoirs Act 1975 (c.23) | |||
7 | In section 1(4)(a) (definition of "undertakers") of the Reservoirs Act 1975, for the words "a water authority, that authority" substitute "Scottish Water, that body". | ||
House of Commons Disqualification Act 1975 (c.24) | |||
8 | In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons), the entries for the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority are repealed. | ||
Race Relations Act 1976 (c.74) | |||
9 | In Schedule 1A (bodies and other persons subject to general statutory duty) to the Race Relations Act 1976, paragraph 23 is repealed. | ||
Competition Act 1980 (c.21) | |||
10 | Section 11(3)(cc) (reference of public bodies and certain other persons to the Commission) of the Competition Act 1980 is repealed. | ||
Wildlife and Countryside Act 1981 (c.69) | |||
11 | (1) The Wildlife and Countryside Act 1981 is amended as follows. | ||
(2) In section 27(1) (interpretation of Part I), the definition of "water authority" is repealed. | |||
(3) In section 36(7) (interpretation of section 36), in the definition of "relevant authority", for "a water authority" substitute "Scottish Water". | |||
Local Government and Planning (Scotland) Act 1982 (c.43) | |||
12 | In section 14 (local authority's duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)- | ||
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Civic Government (Scotland) Act 1982 (c.45) | |||
13 | In section 54 (playing of instruments, singing, playing radios etc.) of the Civic Government (Scotland) Act 1982, in subsection (3)- | ||
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Roads (Scotland) Act 1984 (c.54) | |||
14 | (1) The Roads (Scotland) Act 1984 is amended as follows. | ||
(2) In section 7(8)(b) (general provisions as to special roads)- | |||
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(3) In section 76(4) (provision supplementary to section 75)- | |||
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(4) In section 135 (restriction of powers of sewerage authorities)- | |||
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(5) In section 151(1) (interpretation), the definitions of "sewerage authority" and "water authority" are repealed. | |||
(6) In Schedule 1 (procedure for making or confirming certain orders and schemes)- | |||
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Water (Fluoridation) Act 1985 (c.63) | |||
15 | In section 5(1) (interpretation) of the Water (Fluoridation) Act 1985- | ||
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Bankruptcy (Scotland) Act 1985 (c.66) | |||
16 | In section 70 (supplies by utilities) of the Bankruptcy (Scotland) Act 1985, in subsection (4)(c), for the words from "a water" to the end substitute "Scottish Water". | ||
Debtors (Scotland) Act 1987 (c.18) | |||
17 | (1) The Debtors (Scotland) Act 1987 is amended as follows. | ||
(2) In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (iia) insert- | |||
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(3) In section 106 (interpretation), in the definition of "summary warrant", after paragraph (cc) insert- | |||
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Housing (Scotland) Act 1987 (c.26) | |||
18 | (1) The Housing (Scotland) Act 1987 is amended as follows. | ||
(2) In section 61 (secure tenant's right to purchase)- | |||
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(3) In section 212(4) (rent increase notices), for paragraph (e) substitute- | |||
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(4) In section 233(3) (power of local authority to assist in provision of separate service water pipes for houses)- | |||
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(5) In section 300(1)(a) (meaning of "public sector authority"), for "a water authority" substitute "Scottish Water". | |||
(6) In section 338(1) (interpretation), the definitions of "sewerage authority" and "water authority" are repealed. | |||
Food Safety Act 1990 (c.16) | |||
19 | In section 56(1) (water supply: Scotland) of the Food Safety Act 1990- | ||
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Environmental Protection Act 1990 (c.43) | |||
20 | (1) The Environmental Protection Act 1990 is amended as follows. | ||
(2) In section 45 (collection of controlled waste)- | |||
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(3) In section 53 (duty of authorities as respects disposal of controlled waste: Scotland)- | |||
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New Roads and Street Works Act 1991 (c.22) | |||
21 | (1) The New Roads and Street Works Act 1922 is amended as follows. | ||
(2) In section 108(6)(a) (the road works authority and other relevant authorities), for the words from "a sewer" to the end substitute "a public sewer, Scottish Water;". | |||
(3) In section 109(6)(a) (permission to execute works), for the words from "a sewer" to the end substitute "a public sewer, Scottish Water;". | |||
(4) In section 117(3)(a) (restriction on works following substantial works carried out for roads purposes)- | |||
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(5) In section 148 (sewers)- | |||
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(6) In section 149(4)(a) (provision as to reinstatement of sewers, drains or tunnels), for the words from "a sewer" to "that authority" substitute "a public sewer, Scottish Water". | |||
(7) In section 164(1) (minor definitions)- | |||
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(8) In Schedule 6 (roads with special engineering difficulties)- | |||
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Natural Heritage (Scotland) Act 1991 (c.28) | |||
22 | (1) The Natural Heritage (Scotland) Act 1991 is amended as follows. | ||
(2) In section 20 (drought orders)- | |||
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(3) In section 22(1) (interpretation), in the definition of "compensation water"- | |||
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(4) In section 24 (rights of entry and inspection under Parts II and III)- | |||
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(5) In Schedule 7 (further provisions regarding drought orders)- | |||
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(6) In Schedule 8 (procedure for making drought orders), in paragraph 1(3), in the Table, in the second column of the first entry, paragraph (b) is repealed. | |||
(7) In Schedule 9 (compensation in respect of drought orders), in paragraph 1, for "a water authority" substitute "Scottish Water". | |||
Local Government etc. (Scotland) Act 1994 (c.39) | |||
23 | In the Local Government etc. (Scotland) Act 1994, the following provisions are repealed- | ||
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Environment Act 1995 (c.25) | |||
24 | (1) The Environment Act 1995 is amended as follows. | ||
(2) In section 36(3) (codes of practice with respect to environmental and recreational duties), for paragraphs (e) to (f) substitute- | |||
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(3) In Part II of Schedule 21 (application of certain enactments to the Crown), paragraph 6 is repealed. | |||
Planning (Consequential Provisions) (Scotland) Act 1997 (c.11) | |||
25 | Paragraph 58 of Schedule 2 (consequential amendments) to the Planning (Consequential Provisions) (Scotland) Act 1997 is repealed. | ||
Water Industry Act 1999 (c.9) | |||
26 | (1) The Water Industry Act 1999 is amended as follows. | ||
(2) The following provisions are repealed- | |||
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Public Finance and Accountability (Scotland) Act 2000 (asp 1) | |||
27 | (1) The Public Finance and Accountability (Scotland) Act 2000 is amended as follows. | ||
(2) In section 23(7) (economy, efficiency and effectiveness examinations), for the words from "a new" to "1994 (c.39))" substitute "Scottish Water". | |||
(3) The following provisions are repealed- | |||
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Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) | |||
28 | In schedule 3 (devolved public bodies) to the Ethical Standards in Public Life etc. (Scotland) Act 2000- | ||
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