Part VIS Conservation and Protection of Water Resources

71 Byelaws for preventing pollution of water.S

(1)If it appears to [F1Scottish Water] F2... to be necessary for the purpose of protecting against pollution any water whether on the surface or underground, which belongs to [F3it] or which [F4it is] for the time being authorised to take, [F5it] may by byelaws—

(a)define the area within which [F6it deems] it necessary to exercise control; and

(b)prohibit or regulate the doing within that area of any act specified in the byelaws.

Byelaws made under this section may contain different provisions for different parts of the area defined by the byelaws.

(2)Where an area has been defined by byelaws under this section, [F7Scottish Water] may by notice require either the owner or the occupier of any premises within that area to execute and keep in good repair such works as [F8it considers] necessary for preventing pollution of [F9its] water, and, if he fails to comply with any such requirement, he shall be liable on summary conviction to the same penalties as if he had committed an act prohibited by the byelaws:

Provided that an owner or occupier who considers that a requirement made on him under this subsection is unreasonable may, within 28 days after service on him of the requirement, appeal to the sheriff who may, if he decides that the requirement is unreasonable, modify or disallow the requirement.

(3)[F10Scottish Water] shall pay compensation to the owners and occupiers of, and other persons interested in, any premises within the area defined by byelaws made under this section in respect of—

(a)any curtailment or injurious affection of their legal rights by restrictions imposed by the byelaws; and

(b)any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by [F11Scottish Water] ;

and any question as to the amount of compensation to be paid shall in case of dispute be determined by arbitration.

In this subsection the expression “legal rights” includes the use of land in respect of which proceedings might have been taken by [F12Scottish Water] or otherwise under any public general Act or under byelaws made thereunder, but have not been so taken, either by reason of the character or situation of the land or for some other reason.

(4)Where any person has failed to comply with a requirement made on him under subsection (2) and either—

(a)he has not appealed to the sheriff against that requirement and the time for appealing has expired, or

(b)his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,

[F13Scottish Water] may, whether proceedings have been taken in respect of such failure or not, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by [F14it] in so doing from the person in default, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by [F13Scottish Water].

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section shall be construed as empowering [F16Scottish Water] F17... to make any byelaws restricting the rights of a navigation authority under any enactment.

Textual Amendments

F1Words in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2Words in s. 71(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(38)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F3Word in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4Words in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5Word in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6Words in s. 71(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(2)(e) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7Words in s. 71(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8Words in s. 71(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9Word in s. 71(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10Words in s. 71(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(4)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F11Words in s. 71(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 45(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)