Water (Scotland) Act 1980

SCHEDULE 3 Provisions as to Breaking Open Streets and Laying Communication and Supply Pipes

Sections 22, 24. Part I Provisions as to breaking open streets, etc. Power to break open streets. 1 Subject to the provisions of this Part of this Schedule, Scottish Water may, for the purpose of laying, constructing, inspecting, repairing, altering, renewing or removing mains, service pipes, plant or other works, , break open a road, and any cellar or vault below any road, and any sewer, drain or tunnel in or under any such road, and may remove and use the soil or other materials in or under any such road: Provided that it shall in the exercise of the powers conferred by this paragraph cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by arbitration. Protection for railway companies, navigation authorities, tramway undertakers, etc. 2 (1) Except in cases of emergency arising from defects in existing pipes, plant or works, a private road under the control or management of, or maintainable by, a railway company or navigation authority shall not be broken open without their consent, but that consent shall not be unreasonably withheld, and any question whether or not consent is unreasonably withheld shall be referred to and determined by the Secretary of State. (2) Where Scottish Water proposes to break open any length of road which forms a level-crossing belonging to persons not being a railway company or navigation authority and which is not under the control or management of a railway company or navigation authority, it shall give to those persons the like notice as is referred to in section 114 of the New Roads and Street Works Act 1991 and, if and in so far as the proposed work is likely to affect the structure of any bridge or other works belonging to those persons, shall carry out the work to the reasonable satisfaction of the engineer or other authorised officer acting on behalf of those persons in accordance with plans approved by him. Any dispute arising under this sub-paragraph between Scottish Water and those persons shall be determined by arbitration. (3) For the protection of persons entitled to the benefit of section 32 of the Tramways Act 1870 (which relates to the rights of authorities and companies, etc., to open roads) that section shall be construed as applying to operations authorised by the special Act, and in the said section as so applied any reference to a tramway shall be construed as including a reference to a trolley vehicle system. (4) Nothing contained in this paragraph for the protection of owners of level-crossings shall affect the decision of any question which may arise as to the legality of the construction of, or the right to continue, any level-crossing. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Provisions as to laying communication and supply pipes, etc. Power to lay service pipes, etc. 4 (1) Scottish Water may in any road lay such service pipes with such stopcocks and other fittings as it deems necessary for supplying water to premises , and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a road whether by virtue of this section or otherwise: Provided that before exercising any of the powers conferred by this paragraph, Scottish Water shall, except in cases of emergency arising from defects in any existing pipes, plant or works, give such notice, to — where the road is a public road, the roads authority; and 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 roadas 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 road, Scottish 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. Laying of supply pipes, etc. 5 An owner or occupier of any premises who desires to have a supply of water for his domestic purposes from the waterworks of Scottish Water shall, subject as hereinafter provided, comply with the following requirements: (a) he shall give to Scottish 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 road, the consent of the owners and occupiers thereof: Provided that, where any part of the supply pipe is to be laid in a road, he shall not himself break open the road or lay that part of the pipe. Laying of communication pipes, etc. 6 (1) Upon receipt of such a notice as is referred to in the last foregoing paragraph, Scottish 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 road 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 road, it may elect to lay a main in the road for such distance as it 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 Scottish Water may think fit, of the expenses reasonably incurred by Scottish Water in executing the work which it is required or authorised by this paragraph to execute shall be repaid to it by the person by whom the notice was given and may be recovered by it from him: Provided that, if under the provisions of this paragraph Scottish 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 it . (3) Notwithstanding anything in the foregoing provisions of this paragraph, where 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 it in advance the cost of the work, as estimated by its engineer, or to give security for payment thereof to its satisfaction, and, where it 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 Scottish Water exceeds the expenses which under the foregoing provisions of this paragraph it would be entitled to recover from the person giving the notice, the excess shall be repaid by it , and, if and so far as those expenses are not covered by the payment, it may recover the balance from him. Power of authority to require separate service pipes. 7 (1) Subject to the provisions of this paragraph Scottish Water may require the provision of a separate service pipe for each house supplied, or to be supplied by it , with water. (2) If, in the case of a house already supplied with water but not having a separate service pipe, Scottish Water gives notice to the owner of the house, requiring the provision of such a pipe, the owner shall within such 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 road, and Scottish 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 road 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, Scottish Water may itself execute the work which he was required to execute. (4) The expenses reasonably incurred by Scottish Water in executing the work which it is required by sub-paragraph (2) to execute, or which it is empowered by the last foregoing sub-paragraph to execute, shall be repaid to it by the owner of the house and may be recovered by it 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, Scottish Water shall not require the provision of separate service pipes for those houses until — (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. ; 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) Scottish Water has reasonable grounds to believe that such interference as is mentioned in (c) above is likely to take place. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions as to the position of stopcocks. 9 (1) On every service pipe laid after 16th May 1946 Scottish Water shall, and on every service pipe laid before that date Scottish 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 Scottish Water deems most convenient: Provided that— (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the road from which the service pipe enters those premises; and (b) a stopcock in a road shall, after consultation with the roads authority concerned, be placed as near to the boundary thereof as is reasonably practicable.