Part II Duties of Water Authorities
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Duty of authority to provide supply.
1
2
Without prejudice to the generality of subsection (1), F6Scottish Water shall provide a supply of wholesome water in pipes to every part of F7its limits of supply where a supply of water is required for domestic purposes and shall F8, subject to subsection (2A), take the pipes affording that supply to such point or points as will enable the buildings for which a supply is required for domestic purposes to be connected thereto at a reasonable cost; but this subsection shall not require F9Scottish Water to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of F7its limits of supply where such a supply is already available at such point or points.
F102A
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 inforce 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 tosuch 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 areasonable 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 madeby 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.
3
If any question arises under this section as to—
F11za
whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or
a
whether a supply of water can be provided at a reasonable cost, or
b
whether anything is or is not practicable at a reasonable cost, or
c
the point or points to which pipes must be taken in order to enable buildings to be connected therewith at a reasonable cost,
F173A
The Commission—
a
shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (3), and
b
may from time to time revise the statement.
3B
In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.
3C
The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.
4
F18Scottish Water shall also provide a supply of water for the purpose of complying with any other obligation imposed on F19it by this Act and may, if F20it thinks fit, provide a supply to enable F21it to exercise any of the powers conferred on F21it by this Act or for any other purpose which F22it considers is in the interests of the area comprising F23its limits of supply.
F245
The duties imposed by subsections (1), (2) and (4) shall not require Scottish Water to do anything which is prejudicial to its compliance with—
a
any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or
b
a statement of policy issued under section 29D of that Act.
7 Supply of water for domestic purposes.
1
In this Act a supply of water for domestic purposes means a sufficient supply for drinking, washing, cooking, central heating and sanitary purposes but not for any bath having a capacity in excess of 100 gallons, and includes—
a
a supply for the purposes of any profession carried on in any premises the greater part of which is used as a house; and
b
where the water is drawn from a tap inside a house and no hosepipe or similar apparatus is used, a supply for watering a garden, for horses kept for private use and for washing vehicles kept for private use.
2
A supply of water under subsection (1) does not include a supply of water for the business of a laundry, or any business of preparing food or beverages for consumption otherwise than on the premises.
3
“Domestic purposes” in any local enactment relating to the supply of water shall be construed in accordance with sub-sections (1) and (2).
8 Water supplied for domestic purposes to be wholesome.
9 Supply of water for non-domestic purposes.
1
Subject to the following provisions of this Act, F27Scottish Water shall give a supply of water on reasonable terms and conditions for purposes other than domestic purposes to the owner or occupier of any premises within F28its limits of supply who requests F29it to give such a supply to those premises.
2
F30Scottish Water shall not be required to give a supply of water in accordance with subsection (1) if F31its ability to meet existing obligations to supply water for any purposes or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose, would thereby be endangered.
F322A
Where a supply of water has been made to premises under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3)but—
a
the arrangements for the supply (made between the occupier of the premises and the water services provider who made the related request under subsection (1)of that section in respect of the premises) are at an end, or are to come to an end, in consequence of non-payment of charges owed to the provider in relation to the watersupplied; or
b
the supply is discontinued (or is to be discontinued) under section 18(5) of that Act,
Scottish Water shall not be required to give a supply of water to the premises in accordance with subsection (1) if it is of the opinion that there is noreasonable prospect of recovering the charges (or any significant proportion of the charges) which it would be entitled to recover in relation to that supply of waterwere it given.
2B
Where Scottish Water decides, by virtue of subsection (2A), not to give a supply of water to premises, the occupier of the premises may by notice require the WaterIndustry Commission for Scotland to review that decision.
2C
In a review under subsection (2B), the Commission may, having regard to any representations made to it by the parties—
a
confirm the decision of Scottish Water; or
b
direct Scottish Water to give a supply of water to the premises in accordance with subsection (1),
and the determination of the Commission in the review shall be final.
3
F33Scottish Water may require, as a condition of giving a supply of water under this section, that the person requesting the supply shall enter into an agreement undertaking to pay to F34it in respect of each year a sum not exceeding one-eighth of the cost of providing and laying the necessary mains (less any amounts received by F35Scottish Water in respect of water supplied whether for domestic or non-domestic purposes in that year from those mains) until the expiration of a period of 12 years or such lesser period as may appear to F35Scottish Water to be appropriate.
4
Any question arising as to the terms and conditions on which water is to be supplied F36(not being a question as respect charges for the water which is to be supplied) under this section and any question whether F37Scottish Water is justified in refusing to give a supply shall in default of agreement, be referred to the Secretary of State and the Secretary of State may determine it himself or, if he thinks fit, refer it for determination by arbitration.
5
Where F38Scottish Water is required to give a supply of water under this section, the powers of F39Scottish Water and of persons supplied or proposed to be supplied by F40it to lay mains and pipes for providing a supply of water for domestic purposes and to break open F41roads for that purpose shall apply for the purpose of the provision of a supply under this section.
F426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F439A
F441
F45Notwithstanding anything in section 9 of this Act, no charge may be made by F46Scottish Water in respect of—
F47a
water taken for the purpose of extinguishing fires or taken by F82the Scottish Fire and Rescue Service for any other emergency purposes;
b
water taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; or
c
the availability of water for any purpose mentioned in paragraph (a) or (b) above:
Provided that nothing in this section shall prevent the making of charges in respect of work carried out at the request of or for the benefit of any person receiving a supply of water for the said purposes.
F482
Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.
C310 Compensation for damage resulting from exercise of powers.
1
Subject to the provisions of this section, a F49local authority or F50Scottish WaterF51 . . . shall make full compensation to any person who has sustained damage by reason of the exercise by them F52or it of any of their F53or its powers under this Act in relation to a matter as to which he has not himself been in default.
F541A
2
Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration.
3
A claim for compensation under this section shall not be maintainable unless it is made within F5924 months after the date on which it is alleged to have arisen.
4
The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation.
F605
Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—
a
statutory undertakers as defined in F61section 214 of the Town and Country Planning (Scotland) Act 1997;
c
bridge authorities F63as defined in section 147 of the New Roads and Street Works Act 1991;
F64d
road works authority as defined in section 108 of the New Roads and Street Works Act 1991;
e
persons on whom a right to compensation under section F65141 of the said Act of 1991 is conferred.
F666
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2C411 Power of Secretary of State on default of authority or board. C1
1
If—
a
a complaint is made to the Secretary of State that F67Scottish Water has failed—
i
to do anything which F68it is required to do by or under this Act,
ii
iii
to take such steps as are in the circumstances reasonable to obtain new powers or to extend F71its existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or
b
the Secretary of State is of opinion that an investigation should be made as to whether F72Scottish Water has failed in any of those matters,
he may cause a local inquiry to be held into the matter.
2
If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of F73Scottish Water , he may make an order declaring F74it to be in default and directing F74it for the purpose of remedying the default to discharge such of F75its functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend F76its existing powers.
3
If F77Scottish Water fails to comply with any requirements of F78an order made under subsection (2) within the time specified therein for compliance with that requirement—
a
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F80or
b
the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.
4
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .