Search Legislation

Water Environment and Water Services (Scotland) Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Duty to provide water and sewerage services

 Help about opening options

Alternative versions:

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Water Environment and Water Services (Scotland) Act 2003, Cross Heading: Duty to provide water and sewerage services is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Duty to provide water and sewerage servicesS

29Duty to provide water and sewerage servicesS

(1)Section 1 (duty of Scottish Water to provide for sewerage) of the Sewerage (Scotland) Act 1968 (c. 47) (“the 1968 Act”) is amended as follows.

(2)After subsection (3) insert—

(3A)Subsection (3) shall not apply to such cases or descriptions of case as the Scottish Ministers may direct.

(3B)In determining what is a reasonable cost for the purpose of subsection (3) so far as relating to subsection (2)(a), the costs to be taken into account include the costs of—

(a)constructing such other public sewers, public SUD systems and such public sewage treatment works, and

(b)carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in subsection (2)(a).

(3C)Subject to subsection (3B), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations made by the Scottish Ministers.

(3D)Such regulations may, in particular, make provision as to—

(a)the matters to be taken into, or left out of, account,

(b)the criteria to be applied,

(c)the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.

(3)In subsection (4), after “whether” insert “ a reasonable cost has been properly determined in accordance with regulations made under subsection (3C) or ”.

(4)In subsection (6), for “subsection” substitute “ subsections (3C) and ”.

(5)Section 6 (duty of Scottish Water to provide water supply) of the Water (Scotland) Act 1980 (c. 45) (“the 1980 Act”) is amended as follows.

(6)In subsection (2), after “shall” in the second place where it occurs insert “ , subject to subsection (2A), ”.

(7)After subsection (2) insert—

(2A)Subsection (2), so far as requiring Scottish Water to take pipes to the point or points referred to in that subsection, shall not apply for so long as there is in force an agreement between Scottish Water and some other person for that person to take the pipes referred to in that subsection to that point or those points.

(2B)Subsections (1) and (2), so far as excepting from the duties under those subsections things which cannot be done at a reasonable cost, shall not apply to such cases or descriptions of case as the Scottish Ministers may direct.

(2C)In determining what is a reasonable cost for the purpose of subsection (2) so far as excepting from the duty under that subsection things which cannot be done at a reasonable cost, the costs to be taken into account include the costs of—

(a)constructing such other water mains, communication pipes and other waterworks, and

(b)carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in that subsection.

(2D)Subject to subsection (2C), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations made by the Scottish Ministers.

(2E)Such regulations may, in particular, make provision as to—

(a)the matters to be taken into, or left out of, account,

(b)the criteria to be applied,

(c)the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.

(8)In subsection (3), after the words “as to” insert—

(za)whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or.

Commencement Information

I1S. 29 in force at 6.3.2006 by S.S.I. 2006/55, art. 2(a)

Prospective

30Private sewers, SUD systems and sewage treatment works etc.: vesting, takeover and connection conditionsS

(1)In section 3A (authorisation of construction of certain private sewers etc.) of the 1968 Act, after subsection (2) insert—

(3)An agreement under subsection (2)—

(a)is subject to—

(i)the condition that the sewer or SUD system or part shall vest in Scottish Water only if the sewer, system or part complies with the construction standards specified by virtue of section 14A and, in the case of a SUD system or part, with the SUD systems requirements specified by virtue of section 14B, so far as applicable,

(ii)such further conditions as Scottish Water may require to be included in the agreement by virtue of section 14C(1), and

(b)shall not take effect until the person who constructed the sewer or SUD system provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).

(2)In section 8 (agreements as to provision of sewers etc. for new premises) of the 1968 Act—

(a)after subsection (1) insert—

(1A)An agreement under subsection (1) so far as it makes provision for the taking over by Scottish Water of a SUD system or sewage treatment works—

(a)is subject to—

(i)the condition that the system complies, or the works comply, with the construction standards specified by virtue of section 14A and, in the case of a SUD system, with the SUD systems requirements specified by virtue of section 14B, so far as applicable, and

(ii)such further conditions as Scottish Water may require to be included in the agreement by virtue of section 14C(2), and

(b)shall not take effect until the person providing the system or works provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).,

(b)subsection (2) is repealed.

(3)In section 12 of the 1968 Act (rights of owners and occupiers to connect with and drain into public sewers etc.), after subsection (2) insert—

(2A)An owner shall not, under subsection (1), be entitled to connect the owner’s drains, sewers or SUD systems with the sewers, SUD systems or works of Scottish Water unless—

(a)the drains, sewers or systems comply with the construction standards specified by virtue of section 14A and, in the case of a SUD system, with the SUD systems requirements specified by virtue of section 14B, so far as applicable, and

(b)the owner has, if required to do so under section 14C(3), entered into a connection agreement (within the meaning of that section) and has provided such security as Scottish Water may reasonably require for the performance of the owner’s obligations under the connection agreement.

(4)After section 14 of the 1968 Act insert—

14APrivate sewers, SUD systems and sewage treatment works etc.: construction standards

(1)In relation to drains, private sewers, private SUD systems and private sewage treatment works, the construction standards referred to in sections 3A(3)(a)(i), 8(1A)(a)(i), 12(2A)(a) and 16A(3)(a)(i) are such standards in relation to the construction of drains, sewers, SUD systems or, as the case may be, sewage treatment works as the Scottish Ministers may, by regulations made by statutory instrument, specify.

(2)The standards which may be specified in regulations under subsection (1) include standards specified in or under other enactments.

(3)Regulations under subsection (1) may make different provision in relation to different descriptions of person and different cases or descriptions of case.

(4)Before making regulations under subsection (1) the Scottish Ministers must consult—

(a)Scottish Water, and

(b)such other persons as they consider appropriate.

(5)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

14BSustainable urban drainage systems: requirements

(1)In relation to SUD systems, the SUD systems requirements referred to in sections 3A(3)(a)(i), 8(1A)(a)(i), 12(2A)(a) and 16A(3)(a)(i) are such requirements in relation to the nature, design and layout of SUD systems as the Scottish Ministers may, by regulations made by statutory instrument, specify.

(2)Subsections (3) to (5) of section 14A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

14CPrivate sewers, SUD systems and sewage treatment works etc.: vesting conditions, takeover agreements and connection agreements

(1)For the purposes of section 3A(3)(a)(ii) or 16A(3)(a)(ii), Scottish Water may require the inclusion in an agreement under subsection (2) of the section in question of conditions (“vesting conditions”) as to—

(a)any sum to be paid by Scottish Water to the person who constructed the sewer or SUD system in respect of its construction,

(b)the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the sewer or system, including in particular the costs of—

(i)complying with section 2, both in relation to the sewer or system and in relation to any public sewers, public SUD systems and public sewage treatment works constructed, and any work carried out, as mentioned in sub-paragraph (iii),

(ii)connecting the sewer or system to public sewers, public SUD systems or public sewage treatment works,

(iii)constructing such public sewers, public SUD systems and public sewage treatment works, and carrying out such other work, as Scottish Water considers necessary in consequence of the connection of the sewer or system,

and where the agreement under section 3A(2) or, as the case may be, 16A(2) relates only to a part of a sewer or SUD system, the references in paragraphs (a) and (b) of this subsection to the sewer or system shall be read as if they were references to the part.

(2)For the purposes of section 8, Scottish Water may require the inclusion in an agreement under subsection (1) of that section, so far as it makes provision for the taking over by Scottish Water of a SUD system or sewage treatment works, of conditions (“takeover conditions”) as to—

(a)any sum to be paid by Scottish Water to the person providing the system or works in respect of its or their construction,

(b)the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the system or works, including in particular the costs of—

(i)complying with section 2, both in relation to the system or works and in relation to any public sewers, public SUD systems and public sewage treatment works constructed, and any work carried out, as mentioned in sub-paragraph (ii),

(ii)constructing such public sewers, public SUD systems and public sewage treatment works, and carrying out such other work, as Scottish Water considers necessary in consequence of the taking over of the system or works in pursuance of the agreement.

(3)For the purposes of section 12, Scottish Water may require the owner of a drain, sewer or SUD system referred to in subsection (2A) of that section to enter into an agreement (a “connection agreement”) with it as to—

(a)any sum to be paid by Scottish Water to the owner in respect of the construction of the drain, sewer or system,

(b)the liability of the owner to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the drain, sewer or system, including in particular the costs of—

(i)complying with section 2, both in relation to the drain, sewer or system and in relation to any public sewers, public SUD systems and public sewage treatment works constructed, and any work carried out, as mentioned in sub-paragraph (iii),

(ii)connecting the drain, sewer or system to public sewers, public SUD systems or public sewage treatment works,

(iii)constructing such public sewers, public SUD systems and public sewage treatment works, and carrying out such work in relation to public sewers, public SUD systems and public sewage treatment works, as Scottish Water considers necessary in consequence of the connection of the drain, sewer or system.

(4)The Scottish Ministers may by regulations made by statutory instrument make provision as to—

(a)the provisions to be included—

(i)by virtue of subsection (1), as vesting conditions in an agreement under section 3A(2) or 16A(2),

(ii)by virtue of subsection (2), as takeover conditions in an agreement under section 8(1),

(iii)by virtue of subsection (3), in a connection agreement,

(b)cases in relation to which subsection (1), (2) or (3) does not apply, or applies with modifications.

(5)Regulations under subsection (4) may, in particular, make provision—

(a)for determining the sum (if any) to be paid by Scottish Water by virtue of subsection (1)(a), (2)(a) or (3)(a),

(b)for determining the liability—

(i)by virtue of subsection (1)(b), of the person who constructed the sewer or SUD system,

(ii)by virtue of subsection (2)(b), of the person providing the SUD system or works,

(iii)by virtue of subsection (3)(b), of the owner,

by reference to such matters, criteria and methods of calculation as the regulations may specify,

(c)as to when sums due under the vesting conditions, the connection agreement or the takeover conditions are payable,

(d)as to the security which Scottish Water is entitled to require under section 3A(3)(b), 8(1A)(b), 12(2A)(b) or 16A(3)(b).

(6)Regulations under subsection (4) may make different provision in relation to different descriptions of person and different cases or descriptions of case.

(7)A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5)In section 16A (vesting of certain private sewers) of the 1968 Act, after subsection (2) insert—

(3)An agreement under subsection (2)—

(a)is subject to—

(i)the condition that the sewer or SUD system or part shall vest in Scottish Water only if the sewer, system or part complies with the construction standards specified by virtue of section 14A and, in the case of a SUD system or part, with the SUD systems requirements specified by virtue of section 14B, so far as applicable,

(ii)such further conditions as Scottish Water may require to be included in the agreement by virtue of section 14C(1), and

(b)shall not take effect until the person who constructed the sewer or SUD system provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources