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Change 1
As published
11 Power of Secretary of State on default of authority or board.
(1) If—
(a) a complaint is made to the Secretary of State that Scottish Water has failed—
(i) to do anything which it is required to do by or under this Act,
(ii) to give an adequate supply of water either as respects quantity or quality within its limits of supply, or has failed to give any supply which it has been lawfully required to give, or
(iii) to take such steps as are in the circumstances reasonable to obtain new powers or to extend its existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or
(b) the Secretary of State is of opinion that an investigation should be made as to whether Scottish Water has failed in any of those matters,
he may cause a local inquiry to be held into the matter.
(2) If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of Scottish Water , he may make an order declaring it to be in default and directing it for the purpose of remedying the default to discharge such of its functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend its existing powers.
(3) If Scottish Water fails to comply with any requirements of an order made under subsection (2) within the time specified therein for compliance with that requirement—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or
(b) the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
11 Power of Secretary of State on default of authority or board.
(1) If—
(a) a complaint is made to the Secretary of State that Scottish Water has failed—
(i) to do anything which it is required to do by or under this Act,
(ii) to give an adequate supply of water either as respects quantity or quality within its limits of supply, or has failed to give any supply which it has been lawfully required to give, or
(iii) to take such steps as are in the circumstances reasonable to obtain new powers or to extend its existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or
(b) the Secretary of State is of opinion that an investigation should be made as to whether Scottish Water has failed in any of those matters,
he may cause a local inquiry to be held into the matter.
(2) If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of Scottish Water , he may make an order declaring it to be in default and directing it for the purpose of remedying the default to discharge such of its functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend its existing powers.
(3) If Scottish Water fails to comply with any requirements of an order made under subsection (2) within the time specified therein for compliance with that requirement—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or
(b) the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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