SCHEDULES

SCHEDULE 3S Provisions as to Breaking Open Streets and Laying Communication and Supply Pipes

Modifications etc. (not altering text)

Part IIS

Modifications etc. (not altering text)

Provisions as to laying communication and supply pipes, etc.S

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.

Textual Amendments