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

Power to lay service pipes, etc.S

4(1)[F1Scottish Water] may in any [F2road] lay such service pipes with such stopcocks and other fittings as [F3it deems] necessary for supplying water to premises F4, 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 road][F8as 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.

Textual Amendments

Laying of supply pipes, etc.S

5An 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:

Provided that, where any part of the supply pipe is to be laid in a [F14road], he shall not himself break open the [F14road] or lay that part of the pipe.

Textual Amendments

Laying of communication pipes, etc.S

6(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:

Provided that, where any part of the supply pipe is to be laid in a [F16road], [F17it] may elect to lay a main in the [F16road] for such distance as [F18it 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 [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:

Provided that, if under the provisions of this paragraph [F23Scottish 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 [F22it] .

(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.

Textual Amendments

Power of authority to require separate service pipes.S

7(1)Subject to the provisions of this paragraph [F30Scottish Water] may require the provision of a separate service pipe for each house supplied, or to be supplied by [F31it] , with water.

(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)If an owner upon whom a notice has been served under the last foregoing sub-paragraph fails to comply therewith, [F36Scottish Water] may [F37itself] execute the work which he was required to execute.

(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.]

Textual Amendments

F458S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions as to the position of stopcocks.S

9(1)On every service pipe laid after 16th May 1946 [F46Scottish Water] shall, and on every service pipe laid before that date [F46Scottish Water] 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 [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

(b)a stopcock in a [F48road] shall, after consultation with the [F49roads] authority concerned, be placed as near to the boundary thereof as is reasonably practicable.

Textual Amendments