SCHEDULES
C2SCHEDULE 3 Provisions as to Breaking Open Streets and Laying Communication and Supply Pipes
C1Part II
Sch. 3 Pt. II (paras. 4–9) applied with modifications by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 170A(5) (as inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 102, Sch. 13)
Provisions as to laying communication and supply pipes, etc.
4 Power to lay service pipes, etc.
1
F1Scottish Water may in any F2road lay such service pipes with such stopcocks and other fittings as F4it deems necessary for supplying water to premises F3, and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a F2road whether by virtue of this section or otherwise:
Provided that before exercising any of the powers conferred by this paragraph, F5Scottish Water shall, except in cases of emergency arising from defects in any existing pipes, plant or works, give F6such notice, to F7—
- i
where the road is a public road, the roads authority; and
- ii
in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the roadF8as would require to be given by an undertaker under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of works) in accordance with that section and with section 156 of that Act (service of notice).
2
Where a service pipe has been lawfully laid in, on or over any land not forming part of a F9road, F10Scottish Water 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.
5 Laying of supply pipes, etc.
An owner or occupier of any premises F11 who desires to have a supply of water for his domestic purposes from the waterworks of F12Scottish Water shall, subject as hereinafter provided, comply with the following requirements:
a
he shall give to F13Scottish Water 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 F14road, the consent of the owners and occupiers thereof:
6 Laying of communication pipes, etc.
1
Upon receipt of such a notice as is referred to in the last foregoing paragraph, F15Scottish 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 F16road and shall connect the communication pipe with the supply pipe:
2
The whole, or such part as F19Scottish Water may think fit, of the expenses reasonably incurred by F20Scottish Water in executing the work which F21it is required or authorised by this paragraph to execute shall be repaid to F22it by the person by whom the notice was given and may be recovered by F22it from him:
3
Notwithstanding anything in the foregoing provisions of this paragraph, F24where 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 F25it in advance the cost of the work, as estimated by F26its engineer, or to give security for payment thereof to F26its satisfaction, and, where F27it 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 F28Scottish Water exceeds the expenses which under the foregoing provisions of this paragraph F29it would be entitled to recover from the person giving the notice, the excess shall be repaid by F25it , and, if and so far as those expenses are not covered by the payment, F29it may recover the balance from him.
7 Power of authority to require separate service pipes.
1
2
If, in the case of a house already supplied with water but not having a separate service pipe, F32Scottish Water gives notice to the owner of the house, requiring the provision of such a pipe, the owner shall within F33such period of not less than three months as the notice shall specify lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a F34road, and F35Scottish Water 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 F34road and make all necessary connections.
3
4
The expenses reasonably incurred by F38Scottish Water in executing the work which F39it is required by sub-paragraph (2) to execute, or which F39it is empowered by the last foregoing sub-paragraph to execute, shall be repaid to F40it by the owner of the house and may be recovered by F40it 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, F41Scottish Water shall not require the provision of separate service pipes for those houses until F42—
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. F43; 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
F44Scottish Water has reasonable grounds to believe that such interference as is mentioned in (c) above is likely to take place.
F458
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9 Provisions as to the position of stopcocks.
1
2
Every stopcock fitted on a service pipe after 16th May 1946 shall be placed in such position as F47Scottish Water deems most convenient:
Provided that—
a
a stopcock in private premises shall be placed as near as is reasonably practicable to the F48road from which the service pipe enters those premises; and
Sch. 3: power to apply conferred (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1, 130), s. 20(10), Sch. 7 para. 5(1)(b)