(1)No person shall be entitled to demand or to continue to receive from [F1Scottish Water] a supply of water to any habitation to which this subsection applies unless he has—
(a)agreed with [F2Scottish Water] to take a supply of water by meter and to pay to [F3it] such minimum annual sum as will give [F3it] a reasonable return on the capital expenditure incurred by [F3it] in providing the required supply and will cover other standing charges incurred by [F3it] in order to meet the possible maximum demand for his habitation, and will yield a reasonable return on the cost of the water supplied; and
(b)secured to the reasonable satisfaction of [F4Scottish Water] by way of deposit or otherwise, payment of such a sum as may be reasonable having regard to his possible maximum demand for water.
The annual sum to be so paid and the security to be so given shall be determined, in default of agreement, by the sheriff, whose decision shall be final.
(2)The habitations to which subsection (1) applies are tents, vans or other conveyances, whether on wheels or not, and sheds or similar structures.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F1Words in s. 53(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 35(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 53(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 35(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F3Word in s. 53(1)(b) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 35(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F4Words in s. 53(1)(b) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 35(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5S. 53(3) repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 34, Sch. 6