Water (Scotland) Act 1980

Part IIS

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

Power to lay service pipes, etc.S

4(1)A water authority may in any [F1road] lay such service pipes with such stopcocks and other fittings as they deem necessary for supplying water to premises F2, and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a [F1road] whether by virtue of this section or otherwise:

(2)Where a service pipe has been lawfully laid in, on or over any land not forming part of a [F6road], the authority may from time to time enter upon that land and inspect, repair, alter, renew or remove the then existing pipe or lay a new pipe in substitution therefor, but shall pay compensation for any damage done by them.

Any dispute as to the amount of compensation to be paid under this sub-paragraph shall be determined by arbitration.

Laying of supply pipes, etc.S

5An owner or occupier of any premises F7 who desires to have a supply of water for his domestic purposes from the waterworks of [F8any water authority] shall, subject as hereinafter provided, comply with the following requirements:

(a)he shall give to the authority 14 days’ notice of his intention to lay the necessary supply pipe; and

(b)he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a [F9road], the consent of the owners and occupiers thereof:

Laying of communication pipes, etc.S

6(1)Upon receipt of such a notice as is referred to in the last foregoing paragraph, the authority 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 [F10road] and shall connect the communication pipe with the supply pipe:

(2)The whole, or such part as the water authority may think fit, of the expenses reasonably incurred by the authority in executing the work which they are required or authorised by this paragraph to execute shall be repaid to them by the person by whom the notice was given and may be recovered by them from him:

(3)Notwithstanding anything in the foregoing provisions of this paragraph, an authority to whom such a notice as aforesaid is given may, within seven days after the receipt thereof, require the person giving the notice either to pay to them in advance the cost of the work, as estimated by their engineer, or to give security for payment thereof to their satisfaction, and, where they make 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 the authority exceeds the expenses which under the foregoing provisions of this paragraph they would be entitled to recover from the person giving the notice, the excess shall be repaid by them, and, if and so far as those expenses are not covered by the payment, they may recover the balance from him.

Power of authority to require separate service pipes.S

7(1)Subject to the provisions of this paragraph the authority may require the provision of a separate service pipe for each house supplied, or to be supplied by them, with water.

(2)If, in the case of a house already supplied with water but not having a separate service pipe, the authority give notice to the owner of the house, requiring the provision of such a pipe, the owner shall within three months lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a [F11road], and the authority shall, within 14 days after he has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a [F11road] and make all necessary connections.

(3)If an owner upon whom a notice has been served under the last foregoing sub-paragraph fails to comply therewith, the authority may themselves execute the work which he was required to execute.

(4)The expenses reasonably incurred by the authority in executing the work which they are required by sub-paragraph (2) to execute, or which they are empowered by the last foregoing sub-paragraph to execute, shall be repaid to them by the owner of the house and may be recovered by them from him, but without prejudice to the rights and obligations as between themselves, of the owner and occupier of the house.

(5)Where two or more houses are being supplied with water by a single service pipe, the authority shall not require the provision of separate service pipes for those houses until F12—

(a)the existing supply pipe becomes so defective as to require renewal, or is no longer sufficient to meet the requirements of the houses; or

(b)the houses are, by structural alterations to one or more of them, converted into a larger number of houses. [F13; or

(c)the owner or occupier of any of the houses has interfered with, or allowed another person to interfere with, the existing service pipe or the stop-cock fixed to that pipe and has thereby caused the supply of water to any of the houses to be interfered with; or

(d)the authority have reasonable grounds to believe that such interference as is mentioned in (c) above is likely to take place.]

F148S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to the position of stopcocks.S

9(1)On every service pipe laid after 16th May 1946 the authority shall, and on every service pipe laid before that date the authority may, fit a stopcock enclosed in a covered box, or pit, of such size as may be reasonably necessary.

(2)Every stopcock fitted on a service pipe after 16th May 1946 shall be placed in such position as the authority deem most convenient:

(a)a stopcock in private premises shall be placed as near as is reasonably practicable to the [F15road] from which the service pipe enters those premises; and

(b)a stopcock in a [F15road] shall, after consultation with the [F16roads] authority concerned, be placed as near to the boundary thereof as is reasonably practicable.