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Water (Scotland) Act 1980

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Laying of communication pipes, etc.S

6(1)Upon receipt of such a notice as is referred to in the last foregoing paragraph, [F1Scottish Water] shall, within 14 days after the person by whom the notice was given has laid a supply pipe in accordance with the provisions of the last foregoing paragraph, lay the necessary communication pipe and any part of the supply pipe which is to be laid in a [F2road] and shall connect the communication pipe with the supply pipe:

Provided that, where any part of the supply pipe is to be laid in a [F2road], [F3it] may elect to lay a main in the [F2road] for such distance as [F4it thinks] fit in lieu of a supply pipe, and in that case shall lay a communication pipe from that main and connect it with the supply pipe.

(2)The whole, or such part as [F5Scottish Water] may think fit, of the expenses reasonably incurred by [F6Scottish Water] in executing the work which [F7it is] required or authorised by this paragraph to execute shall be repaid to [F8it] by the person by whom the notice was given and may be recovered by [F8it] from him:

Provided that, if under the provisions of this paragraph [F9Scottish Water lays] a main in lieu of part of a supply pipe, the additional cost incurred in laying a main instead of a supply pipe shall be borne by [F8it] .

(3)Notwithstanding anything in the foregoing provisions of this paragraph, [F10where such a notice as aforesaid is given to Scottish Water, it] may, within seven days after the receipt thereof, require the person giving the notice either to pay to [F11it] in advance the cost of the work, as estimated by [F12its] engineer, or to give security for payment thereof to [F12its] satisfaction, and, where [F13it makes] such a requirement, the period of 14 days referred to in sub-paragraph (1) of this paragraph shall not commence to run until the requirement has been complied with.

If any payment so made to [F14Scottish Water] exceeds the expenses which under the foregoing provisions of this paragraph [F15it] would be entitled to recover from the person giving the notice, the excess shall be repaid by [F11it] , and, if and so far as those expenses are not covered by the payment, [F15it] may recover the balance from him.

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