33 Temporary discharge of water into watercourses.
(1) Subject to this section where Scottish Water is carrying out or is about to carry out the construction, alteration, repair, cleaning or examination of any reservoir, well or borehole, line of pipes or other work forming part of its undertaking , it may cause the water therein to be discharged into any available watercourse, and for that purpose may lay and maintain in any road or in any land not forming part of a road, . . . , all necessary discharge pipes and apparatus; and such statutory provisions with respect to the breaking open of roads as are applicable to Scottish Water shall, with any necessary modifications and adaptations, apply accordingly.
(2) The power conferred by subsection (1) to lay and maintain discharge pipes and apparatus in land, other than land forming part of a road, shall not be exercised unless reasonable notice has been given to the owner and the occupier of that land.
(3) Except in a case of emergency and except insofar as may be otherwise agreed in writing between Scottish Water and the authority or board concerned, Scottish Water shall—
(a) not less than seven days before commencing to discharge any such water through a pipe exceeding nine inches in diameter, give notice of its intentions
(i) to the fishery district board of any fishery district within which
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any watercourse into which the water is to be discharged is situated; and
(ii) to the Scottish Environment Protection Agency.
(b) have due regard to any representations which may be made to it as to the time, mode and rate of discharge with a view to avoiding or minimising injury or inconvenience therefrom; and
(c) where the water is to be discharged into any river, canal or other inland navigation in respect of which a navigation authority exercise functions, not discharge the water without the written approval of the navigation authority, or except at such times as that authority may approve and in a manner approved by it as not likely to injure the river, canal or navigation or the banks thereof, or interfere with traffic thereon.
(4) Whenever Scottish Water proposes to discharge water on a number of occasions during a period, the giving by it of a general notice to that effect, accompanied by such particulars as it is reasonably practicable for it to give, shall constitute sufficient compliance by it with the provisions of subsection (3)(a).
(5) In the case of a river, subsection (3)(c) shall not apply if the point of discharge into the river is more than three miles above the limits within which the navigation authority exercise jurisdiction.
(6) An approval under subsection (3)(c)—
(a) shall not be withheld unreasonably, and any question whether it is withheld unreasonably or not shall be determined by the Secretary of State;
(b) shall be deemed to have been given unless notice of disapproval is given to Scottish Water within seven days after the making of the application for the approval.
(7) If Scottish Water is requested by—
(a) the owner or occupier or any land which abuts on a watercourse at a point within three miles of any work of Scottish Water from which water may be discharged into that watercourse under this section, or
(b) the clerk to any association of mill owners any of whose constituent members is such an owner or occupier, or
(c) the owner or occupier of a salmon fishing on a watercourse at such a point if such watercourse is within a fishery district for which no fishery district board has been constituted,
to register him for the purposes of this section, Scottish Water shall enter his name and address in a register kept by it for the purpose and, so long as his name and address appear in the register, shall, except in a case of emergency and except insofar as may be otherwise agreed with him in writing, and unless the point at which the water is to be discharged is situated downstream of the land in respect of which he is so registered, send to him in respect of that watercourse the like notices as it is(in the absence of any emergency or agreement to the contrary) required under subsection (3)(a) to send to a fishery district board.
(8) Except insofar as may be otherwise agreed in writing, where Scottish Water discharges water during an emergency, it shall forthwith give to the boards, authorities and persons registered under subsection (7) notice of such discharge and such further particulars relating to it as may reasonably be required.
(9) Scottish Water shall take all necessary steps to secure that any water discharge by it under the provisions of this section shall be as free as reasonably practicable from mud and silt, from solid, polluting offensive or injurious matter and from any matter prejudicial to fish or spawn or to spawning beds or food of fish.
(10) A power conferred by this section shall not be exercised so as to damage or injuriously affect any works or other property of a railway company or navigation authority or so as to flood or damage any public road.
(11) In the exercise of the powers conferred by this section Scottish Watershall do as little damage as possible and shall pay compensation to all persons for any damage sustained by them or liability to which they may become subject by reason of the exercise of those powers; and for the purposes of this subsection any extra expenditure which it becomes reasonably necessary for any public authority to incur for the purpose of properly discharging their statutory functions shall be deemed to be damage sustained by them.
(12) Any question as to the amount of the compensation to be paid under subsection (11) shall in case of dispute be determined by arbitration.
34 Persons supplying water to supply to authority.
Any person supplying water within the limits of supply of Scottish Water shall furnish such supply to Scottish Water as it may require and as it is reasonably practicable for that person to provide, and that on such terms and conditions as may be agreed between him and Scottish Water ; and, if they fail to agree, the amount of the supply and terms and conditions of the supply shall be determined by the Secretary of State or if he thinks fit, referred for determination to an arbiter appointed by him.
(1) Scottish Water may, on the request of any person to whom it supplies or proposes to supply water, supply to him any such water fittings as are required or allowed by its byelaws and may, on such request, install, repair or alter (but not manufacture) any such water fittings, whether supplied by it or not, and may provide any materials and do any work required in connection with installation, repair or alteration of water fittings.
Scottish Water may make such charges as may be agreed, or in default of agreement as may be reasonable, for any fittings supplied, or any materials provided or work done under this subsection, and may recover such charges.
(2) If any fittings supplied otherwise than by sale by Scottish Water bear either a distinguishing plate affixed thereto, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating Scottish Water as the actual owners of the fittings, those fittings—
(a) shall, notwithstanding that they fixed to some part of the premises in which they are situated or that they be laid in the soil thereunder, continue to be the property of, and removable by, Scottish Water ; and
(b) shall not be subject to any diligence or to the landlord’s hypothec for rent, or be liable to be taken under any process of law or in any proceedings in bankruptcy against the persons in whose possesion they may be.
(3) Nothing in subsection (2) shall affect the valuation for rating of any lands and heritages.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) If any person—
(a) so interferes with a meter used by Scottish Water in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to those premises; or
(b) carries out, without the consent of Scottish Water , any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter; or
(c) otherwise wilfully or negligently injures or suffers to be injured any water fitting belonging to Scottish Water ,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
36 Power to execute work on behalf of owner or occupier.
Scottish Water may by agreement with the owner or occupier of any premises execute at his expense any work in connection with the laying, maintenance, repair, alteration, renewal or removal of any water pipe, cock or meter which he is required or entitled to execute by or under this Act or any local enactment incorporating any provisions of Schedule 4, and for that purpose shall have all such rights as he has and may provide necessary materials.
37 Power to require occupier to permit works to be executed by owner.
If on a complaint by the owner of any premises it appears to the sheriff that the occupier of those premises prevents the owner from executing any work which he is required to execute by or under this Act or any local enactment incorporating any provisions contained in Schedule 4 or by or under any byelaws made under this Act or under any such enactment, the sheriff may authorise the owner to enter for the purpose of executing the work.
(1) Subject to the provisions of this section, an authorised officer of Scottish Water . . . shall, on producing if so required some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—
(aa) where the conditions set out in subsection (2) of section 24B are satisfied in relation to the premises, for the purpose of carrying out any survey or tests to determine—
(i) whether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (4) of that section is practicable,
(ii) whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out, or
(iii) how any works specified in that subsection should be carried out;
(ab) for the purpose of inspecting, examining or testing—
(i) any meter which is on the premises and which is used by Scottish Water for measuring the quantity of water supplied, or
(ii) any pipes or apparatus installed in the course of any works which were carried out for any purpose which is connected with the installation, connection, testing, maintenance or repair of any such meter;
(ac) for the purpose of ascertaining from any such meter the quantity of water supplied to the premises;
(b) for the purpose of ascertaining whether there is or has been on or in connection with the premises any contravention of the provisions of this Act or of any byelaws made thereunder;
(c) for the purpose of ascertaining whether or not circumstances exist which would authorise Scottish Water . . . to take any action or execute any work under this Act or any such byelaws;
(d) for the purpose of taking any action or executing any work authorised or required by this Act or any such byelaws to be taken or executed by Scottish Water . . . .
(2) Admission to any premises, not being a factory within the meaning of the Factories Act 1961 or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.
(3) If it is shown to the satisfaction of the sheriff, or a justice having jurisdiction in the place, on a sworn information in writing—
(a) that admission to any premises which any person is entitled to enter by virtue of such a right of entry has been refused to that person, or that refusal is apprehended, or that the premises are unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, or that the application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry into the premises for any purpose for which the right of entry is exercisable;
the sheriff or justice may by warrant under his hand authorise that person to enter the premises if need be by force:
Provided that such a warrant shall not be issued unless the sheriff or justice is satisfied either that notice of intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(4) Any person entitled to enter any premises by virtue of such a right of entry, or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(5) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(6) If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted into any premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be liable in respect of each offence—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both such fine and imprisonment;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
(7) Any person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this Act or by a warrant issued under this section shall in respect of each offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(8) This section, except subsection (6), shall not apply to any right conferred by section 93.
(9) This section does not apply in relation to the purposes mentioned in section 76M(1).
The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon—
(a) the payment by the occupier of any reasonable charges made by Scottish Water under section 35 of this Act; and
(b) the acceptance by him of such reasonable terms and conditions as may be published by Scottish Water under section 55(1) of this Act,
and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration.
(1) Subject to section 41A of this Act, no charge shall be fixed, demanded or recovered for a supply of water to premises to which a water authority were, immediately before 16th May 1949, by virtue of any enactment or agreement, under an obligation to provide such a supply free of charge.
(2) Where by virtue of any local enactment in force immediately before 16th May 1949 the domestic water rate was , for a period specified in that enactment, leviable in any area so specified at an amount per pound determined by the local enactment (whether as an amount per pound so specified or as an amount per pound being a proportion so specified of the amount per pound at which the domestic water rate would otherwise be payable, or otherwise), any charge payable in the area in question for a supply of water in any period commencing after 31st March 1996 (the “transfer date” for the purposes of Part II of the Local Government etc. (Scotland) Act 1994 and of this subsection) shall, during the period so specified, bear the same proportion to the charge which (but for this subsection) would be payablefor that supply under a charges scheme, as the non-domestic water rate payable there as at the transfer date by virtue of the local enactment and of this subsection (as it had effect on the transfer date) bore to the non-domestic water rate which would otherwise have been payable.
(3) Where, by virtue of any enactment or agreement in force immediately before 16th May 1949, a water authority were under an obligation to provide a supply of water to any premises on terms more favourable to the person having the vested interest in the obligation than those which, apart from the obligation, would have been applicable under the enactments in force immediately before that date relating to the supply of water by the authority in the limits of supply in which the premises are situated, the supply shall continue to be provided on the following, and no other, terms, that is to say—
(a) where immediately before 16th May 1949 there was leviable under such an enactment a rate other than a public water rate, on such terms as may be agreed between the authority and the person having the vested interest in the obligation;
(b) in any other case on the terms on which immediately before that date it was provided under the enactment or agreement.
(4) In determining for the purposes of the foregoing provisions of this section whether a supply of water provided under any enactment or agreement in force immediately before 16th May 1949 was provided free of charge or was such a supply as is mentioned in subsection (3), or in determining the sum which by virtue of that subsection is to be paid in respect of such a supply, no account shall be taken of any public water rate levied under any such enactment in respect of the premises so supplied or of any undertaking (other than an undertaking to pay a rate or a charge) entered into by the person having the vested interest in the obligation in consideration of which the supply was provided.
(5) Any question arising under this section whether a water authority are required to provide a supply of water free of charge, or whether a supply is such a supply as is mentioned in subsection (3), or as to the terms on which a supply was provided immediately before 16th May 1949, or on which by virtue of this section a supply is to continue to be provided or otherwise, shall, in default of agreement, be referred to the Secretary of State, and the Secretary of State may determine it himself or, if he thinks fit, may refer it for determination by arbitration.
(6) In this section the expression “public water rate” means in relation to any supply any rate called the public water rate in the local enactment by virtue of which the supply is provided on special terms.
(7) Nothing in subsection (1) shall be construed as continuing any exemption, and nothing in subsection (3) as continuing any advantage, where under the enactment or agreement in question the obligation which gives rise to the exemption or advantage ceases to exist.
(1) Scottish Water shall not be bound to supply with water otherwise than by meter—
(a) any premises whereof part is used as a dwelling house and part for any business, trade or manufacturing purpose for which water is required;
(b) any public institution, hospital, asylum . . . , sanatorium, school, club, hostel, camp, assembly hall, place of public entertainment, hotel or restaurant or any licensed premises for which a licence is required under the Licensing (Scotland) Act 2005 (asp 16);
(bb) accommodation provided by a care home service (as defined by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8);
(c) any boarding-house capable of accommodating 12 or more persons, including the persons usually resident therein; . . .
(d) any premises which are used solely for business, trade or manufacturing purposes and in which a supply of water for domestic purposes only is required.; or
(e) any other premises specified, or of a description specified, in an order made by the Scottish Ministers.
(2) Before making an order under subsection (1)(e) the Scottish Ministers shall consult such persons as they think fit.
(3) The power to make such an order shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
51 Power to require supplies for refrigerating apparatus, etc., to be taken by meter.
Where a person who takes a supply of water for domestic purposes from Scottish Water otherwise than by meter desires to use any of the water so supplied—
(a) for operating a water-cooled or refrigerating apparatus;
(b) for operating any apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating the water; or
(c) for cleaning, regenerating or supplying motive power to an apparatus used for softening water,
Scottish Water may require that all water so supplied shall be taken by meter.
52 Power to require supply for hose pipe to be taken by meter.
Where water which Scottish Water supplies for domestic purposes is used by means of a hosepipe or similar apparatus for watering a garden or for horses, washing vehicles or other purposes in stables, garages or other premises where horses or vehicles are kept, Scottish Water may require that all water so supplied shall be taken by meter.
53 Provision as to supply to tents, vans, sheds, etc.
(1) No person shall be entitled to demand or to continue to receive from Scottish Water a supply of water to any habitation to which this subsection applies unless he has—
(a) agreed with Scottish Water to take a supply of water by meter and to pay to it such minimum annual sum as will give it a reasonable return on the capital expenditure incurred by it in providing the required supply and will cover other standing charges incurred by it 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 Scottish 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where Scottish Water supplies water by meter, the register of the meter shall be sufficient evidence of the quantity of water supplied
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If the meter on being tested is proved to register incorrectly to any degree exceeding five per cent the relevant percentage—
(a) the meter shall be deemed to have registered incorrectly to that degree since the last occasion but one before the date of the test on which a reading of the index of the meter was taken by Scottish Water , unless it is proved to have begun to register incorrectly on some later date; and
(b) the amount of any refund to be made to, or of any extra payment to be made by, the consumer shall be paid or allowed by Scottish Water or paid by the consumer, as the case may be, .
(4) In subsection (3), “the relevant percentage” means—
(a) in the case of a high flow rate, 2.5%,
(b) in the case of a low flow rate, 6%.
(5) The Scottish Ministers, by regulations—
(a) must define “high flow rate” and “low flow rate” for the purpose of subsection (4),
(b) may amend a percentage figure appearing in subsection (4).
(1) Scottish Water shall prepare and maintain a schedule of the terms and conditions , other than as respects charges, on which it is prepared in general to give a supply of water by meter or otherwise, and that schedule shall be published in such manner as in the opinion of Scottish Water will secure adequate publicity for it.
(2) Nothing in the foregoing subsection shall be construed as prejudicing the rights or duties under section 9 of Scottish Water or of any person supplied or proposed to be supplied by it under that section.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 Provisions as to supply of water to agricultural subjects.
(1) Where a supply of water for purposes other than domestic purposes is provided for premises being agricultural lands and heritages, Scottish Water shall require the supply to be taken either by meter or on other specified terms as it may from time to time in its discretion determine.
(2) Where Scottish Water supplies water by meter for purposes other than domestic purposes to any premises being agricultural lands and heritages and also supplies water for domestic purposes to any dwelling house comprised in such premises, Scottish Water shall, if it is reasonably practicable so to do, provide the whole supply of water to such premises and dwelling house through a single meter.
The Secretary of State may make regulations under this Act as to the installation, connection, use, maintenance, authentication and testing of meters, and as to any related matters.
58 Termination of right to supply of water on special terms.
(1) Where by virtue of any enactment including any enactment in this Act) or of any agreement Scottish Water is under an obligation to which this section applies, Scottish Water and the person having the vested interest in the obligation may . . . enter into an agreement to terminate the obligation on such terms and conditions as to compensation or otherwise as they may agree; and any such agreement shall be enforceable against any person deriving title from the person who entered into the agreement.
(2) The Secretary of State may, on the application of Scottish Water and after affording to the person having the vested interest in the obligation an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, by order provide for the termination compulsorily of an obligation to which this section applies on payment of compensation, the amount of which shall, in default of agreement, be determined in manner provided by the Lands Clauses Acts with references to the taking of lands otherwise than by agreement, and the order may contain such incidental, consequential and supplementary provisions, including provisions for the amendment and repeal of any local enactment, as the Secretary of State thinks necessary or expedient.
(3) The amount of the compensation to be paid under subsection (2) shall be assesed by reference to the value of the rights secured under the obligation as at the date of the making of the order, and in assessing that value regard shall be had to the amount of any charge for a supply of water which may reasonably be expected to become payable as a result of the termination of the obligation.
(4) This section applies to any obligation on the part of Scottish Water providing to any person other than a local authority. . . a supply of water (whether for domestic purposes or for purposes other than domestic purposes) to provide that supply free of charge or on terms more favourable to the person having the vested interest in the obligation than those which apart from the obligation would be applicable.
(5) Scottish Water shall —
(a) register in the Land Register of Scotland any agreement entered into, or order made, under the foregoing provisions of this section terminating an obligation to which this section applies if the obligation was itself registered in the Land Register, or
(b) record in the Register of Sasines any such agreement or order if the obligation was itself recorded in the Register of Sasines.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) An obligation to furnish a supply of water or to grant a wayleave for pipes or to give any other benefit or advantage to Scottish Water entered into in consideration of an obligation to which this section applies shall not be deemed to be terminated by reason only of the termination under this section of the last mentioned obligation.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59 Limitation of liability of water authority to supply water on special terms.
(1) Notwithstanding anything in any such obligation as is mentioned in section 58(4) Scottish Water shall not be liable under the obligation to provide to any premises in any year a quantity of water greater than the quantitiy supplied thereto in the year immediately preceding 27th October 1948, or to provide to any premises not provided by them with a supply of water on that day a supply otherwise than on the terms on which the supply would, apart from the obligation, have been provided under the Water (Scotland) Act 1946 and the Water (Scotland) Act 1949.
(2) Any question arising under the foregoing subsection shall in case of dispute be determined by arbitration.
63 Provision of water supply for new buildings and houses.
(1) Subject to the provisions of this section, it shall be the duty of any person erecting or causing to be erected a building the erection of which is begun after 15th May 1946 to make adequate provision to the satisfaction of the local authority for a sufficient supply of wholesome water in pipes for the domestic purposes of the persons occupying or using the building.
(1A) In determining adequacy for the purposes of subsection (1), the local authority shall consult, and have regard to the views of, Scottish Water .
(2) In the case of a building being a factory within the meaning of the Factories Act 1961, other than a factory in which the production or the preparation of food or drink for human consumption is carried on by way of trade, where the Secretary of State, after consulting Scottish Water is satisfied—
(a) that Scottish Water would be unable to provide a sufficient supply of wholesome water in pipes for the purposes aforesaid without endangering its ability to meet existing obligations to supply water for any purpose or probable future requirements to supply water for domestic purposes or without having to incur unreasonable expense, and
(b) that it would not be reasonably practicable to obtain a sufficient supply as aforesaid from any other source,
it shall be a sufficient compliance with the requirements of this section if adequate provision is made to the satisfaction of the local authority for the installation of a sufficient supply of wholesome water in pipes for drinking, cooking and personal ablution and of a sufficient supply of suitable water in pipes for sanitary and other domestic purposes.
(3) Subject to, and without prejudice to the generality of, the provisions of this section, no person shall after 15th May 1946 erect or cause to be erected a house or shall use or permit to be used as a house any building the erection of which is begun after that date, unless there is provided within the house or building a sufficient supply of wholesome water for domestic purposes in pipes.
(4) For the purposes of this section a building or house shall be deemed to be erected where the building or house is re-erected after an outer wall of the building or house has been broken or pulled or burned down to within 10 feet of the surface of the ground adjoining the lowest storey.
(5) If any person contravenes any of the provisions of this section, except section (1A), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and in the case of a house or building being occupied as a house contrary to the provisions of subsection (3) he shall be liable to a further fine not exceeding £25 for each day on which the house or building is occupied as a house after conviction; and without prejudice to proceedings for the recovery of any such fine, the local authority may institute civil proceedings for the purpose of interdicting the occupation of any building in the case of which the provisions of subsection (1) are not complied with, or the occupation of a house as a house or the use of a building as a house in the case of which the provisions of subsection (3) are not complied with.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Scottish Water . . . may enter into agreements—
(a) with the owners and occupiers of any land, in so far as their interest enables them to bind it, or
(b) with a local authority,
with respect to the execution and maintenance by any party to the agreement of such works as Scottish Water considers necessary for the purpose of draining that land, or for more effectually collecting or conveying water which it is for the time being authorised to take:
Provided that where the execution of any such works would result in the discharge of water, otherwise than through public sewers, into any watercourse which is within a fishery district or is subject to the jurisdiction of a navigation authority or from which any public undertakers are authorised by any enactment to take or use water, Scottish Water . . . shall, before entering into the agreement, consult with the fishery district board or the navigation authority or the undertakers concerned.
(2) An agreement under this section with an owner of land shall, if it is so expressed therein, on being registered in the Land Register of Scotland or recorded in the Register of Sasines, be binding upon and enforceable against any person subsequently acquiring the land or any estate or interest therein.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) With respect to the matters mentioned in subsection (2), Scottish Water may enter into agreements with—
(a) the owners and occupiers of any land (in so far as their interest enables them to bind it), or
(b) a local authority.
(2) The matters are—
(a) the carrying out by a party to the agreement of such activities as Scottish Water considers necessary for the purpose of protecting or improving the quality of any raw water,
(b) the refraining by a party to the agreement from such activities as Scottish Water considers detrimental to the purpose of protecting or improving the quality of any raw water.
(3) In subsection (2), the references to protecting or improving the quality of water include—
(a) preventing any deterioration in the quality of the water,
(b) reducing or eliminating the amount of any treatment that the water requires in order to be wholesome.
(4) Section 68(2) applies to an agreement under this section as it applies to an agreement to which that section relates (if the agreement under this section is with the owners of the land).
(5) In this section, “raw water” has the same meaning as in section 76M.
(1) Scottish Water ... may make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by it, and such byelaws may, without prejudice to the foregoing generality, include provisions—
(a) prescribing the size, nature, design, materials, strength and workmanship, and the mode of arrangement, connection, disconnection, alteration and repair of the water fittings to be used; and
(b) forbidding the use of any water fittings which are of such a nature or design or are so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water, or reverberation in pipes.
(2) If a person contravenes the provisions of any byelaw made under this section, Scottish Water ... may, whether proceedings have been taken in respect of the offence or not, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the byelaws to be altered, repaired or replaced, and may recover the expenses reasonably incurred by it in so doing from the person in default.
(3) Nothing in this section, or in any byelaw made thereunder, shall apply to any fittings used on premises which belong to a railway company and are held or used by them for the purposes of their railway, so long as those fittings are not of such a nature or design or so arranged or connected as to cause or permit waste, undue consumption, misuse or contamination of water supplied by Scottish Water or board or reverberation in pipes:
Provided that the exemption conferred by this subsection shall not extend to fittings used in hotels or dwelling houses or in offices not forming part of a railway station.
(4) Where Scottish Water considers that a byelaw made by it under this section ought not to operate in relation to any particular case or class of cases it may, with the consent of the Secretary of State, relax the requirements of, or dispense with compliance with, that byelaw accordingly:
Provided that Scottish Water ... shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State—
(a) shall not give his consent before the expiration of one month from the giving of the notice; and
(b) shall, before giving his consent, take into consideration any relevant objection which may have been received by him.