Water Industry (Scotland) Act 2002

64 Works in connection with meteringS

After section 24A of the 1980 Act insert—

“24B Works in connection with metering

(1)This section applies where, in relation to any premises (“the premises concerned”), the conditions specified in subsection (2) are satisfied.

(2)The conditions referred to in subsection (1) are that—

(a)Scottish Water is supplying or proposes to supply water to the premises,

(b)such supply is or is to be by meter, and

(c)there is a service pipe which is connected with a water main vested in Scottish Water and by which a supply of water is or could be provided to those premises.

(3)Where this section applies, Scottish Water may serve a notice on the owner of the premises concerned requiring the execution, within such period of not less than 3 months as the notice shall specify, of such of the works mentioned in subsection (4) as the notice may specify.

(4)The works referred to in subsection (3) are, in relation to the premises concerned—

(a)works consisting of the installation and connection of any meter for use in determining the quantity of water supplied to the premises,

(b)where a supply of water is or could be provided by the service pipe referred to in subsection (2)(c) to other premises as well as the premises concerned, works consisting of the installation, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for the premises concerned, but only to the extent that such a pipe will constitute a supply pipe and is not required to be laid in a road,

(c)works for the purpose of maintaining, repairing, disconnecting or removing—

(i)any meter which has been installed for use in determining the quantity of water supplied to the premises, or

(ii)any pipes or apparatus installed in the course of any works specified in this section, and

(d)any other works appearing to Scottish Water to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c), including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.

(5)In the case of any of the works mentioned in paragraph (a) of subsection (4) and paragraph (c)(i) of that subsection so far as relating to maintenance and repair of a meter, Scottish Water may execute the works itself instead of requiring the owner, under subsection (3), to execute the works.

(6)If an owner upon whom a notice has been served under subsection (3) fails to comply with it, Scottish Water may itself execute the works which the owner was required by the notice to execute.

(7)Where Scottish Water has served a notice under that subsection requiring the execution of the works mentioned in paragraph (b) of subsection (4), it shall, within 14 days after those works have been executed, lay so much of the separate service pipe referred to in that paragraph as will constitute a communication pipe or a supply pipe to be laid in a road and shall make all necessary connections.

(8)Scottish Water may recover from the owner of the premises concerned any expenses reasonably incurred by it in executing any works under subsection (5), (6) or (7).

(9)Subsection (8) is without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.”