Water (Scotland) Act 1980

Title and introductory text

Water (Scotland) Act 1980 1980 c.45 An Act to consolidate the enactments relating to water in Scotland. [1st August 1980]

1 General duties of Secretary of State and of water authorities.

It shall be the duty of the Secretary of State and of Scottish Water when exercising their respective functions or powers under or by virtue of this Act— (a) to promote the conservation and effective use of the water resources of, and the provision of adequate water supplies throughout, Scotland; and (b) to secure the collection, preparation, publication and dissemination of information and statistics relating to such resources and supplies.

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6 Duty of authority to provide supply.

(1) It shall be the duty of Scottish Water to provide a supply of wholesome water to every part of its limits of supply where a supply of water is required for domestic purposes and can be provided at a reasonable cost. (2) Without prejudice to the generality of subsection (1), Scottish Water shall provide a supply of wholesome water in pipes to every part of its limits of supply where a supply of water is required for domestic purposes and shall , subject to subsection (2A), take the pipes affording that supply to such point or points as will enable the buildings for which a supply is required for domestic purposes to be connected thereto at a reasonable cost; but this subsection shall not require Scottish Water to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of its limits of supply where such a supply is already available at such point or points. (2A) Subsection (2), so far as requiring Scottish Water to take pipes to the point or points referred to in that subsection, shall not apply for so long as there is inforce an agreement between Scottish Water and some other person for that person to take the pipes referred to in that subsection to that point or those points. (2B) Subsections (1) and (2), so far as excepting from the duties under those subsections things which cannot be done at a reasonable cost, shall not apply tosuch cases or descriptions of case as the Scottish Ministers may direct. (2C) In determining what is a reasonable cost for the purpose of subsection (2) so far as excepting from the duty under that subsection things which cannot be done at areasonable cost, the costs to be taken into account include the costs of— (a) constructing such other water mains, communication pipes and other waterworks, and (b) carrying out such other work, as Scottish Water considers necessary in consequence of the connection referred to in that subsection. (2D) Subject to subsection (2C), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations madeby the Scottish Ministers. (2E) Such regulations may, in particular, make provision as to— (a) the matters to be taken into, or left out of, account, (b) the criteria to be applied, (c) the method of calculation to be adopted, in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case. (3) If any question arises under this section as to— (za) whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or (a) whether a supply of water can be provided at a reasonable cost, or (b) whether anything is or is not practicable at a reasonable cost, or (c) the point or points to which pipes must be taken in order to enable buildings to be connected therewith at a reasonable cost, the Water Industry Commission for Scotland, if requested to do so by any person aggrieved, shall, after consultation with that person and with Scottish Water, determine that question and Scottish Water shall give effect to its determination. (3A) The Commission— (a) shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (3), and (b) may from time to time revise the statement. (3B) In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate. (3C) The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it. (4) Scottish Water shall also provide a supply of water for the purpose of complying with any other obligation imposed on it by this Act and may, if it thinks fit, provide a supply to enable it to exercise any of the powers conferred on it by this Act or for any other purpose which it considers is in the interests of the area comprising its limits of supply. (5) The duties imposed by subsections (1), (2) and (4) shall not require Scottish Water to do anything which is prejudicial to its compliance with— (a) any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or (b) a statement of policy issued under section 29D of that Act.

7 Supply of water for domestic purposes.

(1) In this Act a supply of water for domestic purposes means a sufficient supply for drinking, washing, cooking, central heating and sanitary purposes but not for any bath having a capacity in excess of 100 gallons, and includes— (a) a supply for the purposes of any profession carried on in any premises the greater part of which is used as a house; and (b) where the water is drawn from a tap inside a house and no hosepipe or similar apparatus is used, a supply for watering a garden, for horses kept for private use and for washing vehicles kept for private use. (2) A supply of water under subsection (1) does not include a supply of water for the business of a laundry, or any business of preparing food or beverages for consumption otherwise than on the premises. (3) “Domestic purposes” in any local enactment relating to the supply of water shall be construed in accordance with sub-sections (1) and (2).

8 Water supplied for domestic purposes to be wholesome.

Scottish Water shall provide in its mains and communication pipes a supply of wholesome water sufficient for the domestic purposes of all owners and occupiers of premises within its limits of supply who are entitled to a supply for those purposes.

9 Supply of water for non-domestic purposes.

(1) Subject to the following provisions of this Act, Scottish Water shall give a supply of water on reasonable terms and conditions for purposes other than domestic purposes to the owner or occupier of any premises within its limits of supply who requests it to give such a supply to those premises. (2) Scottish Water shall not be required to give a supply of water in accordance with subsection (1) if its ability to meet existing obligations to supply water for any purposes or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose, would thereby be endangered. (2A) Where a supply of water has been made to premises under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3)but— (a) the arrangements for the supply (made between the occupier of the premises and the water services provider who made the related request under subsection (1)of that section in respect of the premises) are at an end, or are to come to an end, in consequence of non-payment of charges owed to the provider in relation to the watersupplied; or (b) the supply is discontinued (or is to be discontinued) under section 18(5) of that Act, Scottish Water shall not be required to give a supply of water to the premises in accordance with subsection (1) if it is of the opinion that there is noreasonable prospect of recovering the charges (or any significant proportion of the charges) which it would be entitled to recover in relation to that supply of waterwere it given. (2B) Where Scottish Water decides, by virtue of subsection (2A), not to give a supply of water to premises, the occupier of the premises may by notice require the WaterIndustry Commission for Scotland to review that decision. (2C) In a review under subsection (2B), the Commission may, having regard to any representations made to it by the parties— (a) confirm the decision of Scottish Water; or (b) direct Scottish Water to give a supply of water to the premises in accordance with subsection (1), and the determination of the Commission in the review shall be final. (3) Scottish Water may require, as a condition of giving a supply of water under this section, that the person requesting the supply shall enter into an agreement undertaking to pay to it in respect of each year a sum not exceeding one-eighth of the cost of providing and laying the necessary mains (less any amounts received by Scottish Water in respect of water supplied whether for domestic or non-domestic purposes in that year from those mains) until the expiration of a period of 12 years or such lesser period as may appear to Scottish Water to be appropriate. (4) Any question arising as to the terms and conditions on which water is to be supplied (not being a question as respect charges for the water which is to be supplied) under this section and any question whether Scottish Water is justified in refusing to give a supply 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, refer it for determination by arbitration. (5) Where Scottish Water is required to give a supply of water under this section, the powers of Scottish Water and of persons supplied or proposed to be supplied by it to lay mains and pipes for providing a supply of water for domestic purposes and to break open roads for that purpose shall apply for the purpose of the provision of a supply under this section. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9A

(1) Notwithstanding anything in section 9 of this Act, no charge may be made by Scottish Water in respect of— (a) water taken for the purpose of extinguishing fires or taken by the Scottish Fire and Rescue Service for any other emergency purposes; (b) water taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; or (c) the availability of water for any purpose mentioned in paragraph (a) or (b) above: Provided that nothing in this section shall prevent the making of charges in respect of work carried out at the request of or for the benefit of any person receiving a supply of water for the said purposes. (2) Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.

10 Compensation for damage resulting from exercise of powers.

(1) Subject to the provisions of this section, a local authority or Scottish Water . . . shall make full compensation to any person who has sustained damage by reason of the exercise by them or it of any of their or its powers under this Act in relation to a matter as to which he has not himself been in default. (1A) The escape of water, however caused, . . . from one of Scottish Water’s . . . communication or supply pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by it of powers under this Act. (2) Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration. (3) A claim for compensation under this section shall not be maintainable unless it is made within 24 months after the date on which it is alleged to have arisen. (4) The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation. (5) Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include— (a) statutory undertakers as defined in section 214 of the Town and Country Planning (Scotland) Act 1997; (b) roads authorities as defined in section 151(1) of the Roads (Scotland) Act 1984; (c) bridge authorities as defined in section 147 of the New Roads and Street Works Act 1991; (d) road works authority as defined in section 108 of the New Roads and Street Works Act 1991; (e) persons on whom a right to compensation under section 141 of the said Act of 1991 is conferred. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 Supply of water to premises outwith limits of supply.

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13 Supply of water in bulk.

(1) Scottish Water may enter into an agreement with any other persons . . . , for the giving by those other persons, and the taking by Scottish Water, of a supply of water in bulk for any period and on any terms and conditions, . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purpose of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving or taking a supply of water in pursuance of an agreement . . . made under this section, Scottish Water may exercise, . . . the like powers with respect to laying mains and breaking open roads as are exercisable by it under this Act for the purpose of laying mains, but subject to the like conditions and obligations. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Nothing in this section shall affect any right of a navigation authority under any enactment to prohibit, or impose restrictions on, the supply of water in bulk by Scottish Water.

13A Supply of water for use outwith Scotland.

(1) Scottish Water may, if for the time being it is satisfied that such supplies of water as are available to it are likely to be more than sufficient to enable it to fulfil its duties as respects the supply of water to premises in Scotland, enter into an agreement with any other person to give him, on such terms and conditions as it thinks and whether or not in bulk, a supply of water for use outwith Scotland. (2) For the purposes of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving a supply of water in pursuance of an agreement entered into under subsection (1) above, Scottish Water may exercise, . . . , the like powers with respect to laying mains or breaking open roads as are exercisable by it under this Act for the purposes of laying mains, but subject to the like conditions and obligations.

14 Power of water authority to give guarantee for supply of water.

Scottish Water may undertake to pay to any person supplying water, or guarantee payment to any such person of, such periodical or other sums as may be agreed as a consideration for the giving by that person of a supply of water, so far as he can lawfully do so, within any part of the limits of supply of Scottish Water, and the execution by him of any works necessary for that purpose.

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16 Powers of survey and search for water on land.

(1) The Scottish Ministers may, on application made to them by Scottish Water, authorise it to survey, in accordance with this section— (a) any land which it proposes to acquire for the purposes of its water undertaking or proposed water undertaking; or (b) any land in, on or over which it is proposed to lay a water main. (2) Notice of any application under subsection (1) shall be given by Scottish Water to the owner and the occupier of the land, and the Secretary of State shall, before giving his authority under subsection (1), consider any representations made to him by any such owner or occupier within 14 days after the receipt of the notice. (3) Where Scottish Water is authorised to survey any land under this section, any officer of Scottish Water authorised for the purpose shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter on and survey the land. (4) Section 38(3) to (7) shall apply to any right of entry conferred by this section. (5) Admission to any land shall not be demanded in the exercise of any right under subsection (3) unless 24 hours’ notice of the intended entry has been given to the occupier; but where such notice has been given on the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with the completion of the survey. (6) The power to survey land under this section shall include power to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil or the presence of underground water therein or the quality or quantity of such water, and to reinstate the land after carrying out any such works. (7) A person shall not carry out any works authorised by subsection (6) on land which is occupied unless at least seven days’ notice of his intention to do so has been given to the occupier of the land; and if the occupier of the land objects to the proposed works on the ground that the carrying out thereof would be seriously detrimental to the carrying on of any undertaking, trade or business carried on by him on that land, the works shall not be carried out except with the authority of the Secretary of State. (8) If any damage or injury is caused by the escape of water from any land on which works have been carried out in pursuance of this section, not being damage in respect of which compensation is payable under section 10, nothing in this section shall be construed as exonerating Scottish Water from any liability in respect of that damage to which it would be subject if the works had been carried out otherwise than in the exercise of statutory powers.

17 Acquisition of water rights.

(1) Scottish Water may acquire by agreement rights to take water from any stream or other source . . . (2) The Secretary of State may, on the application of Scottish Water, by order provide for the compulsorily acquisition by it of such rights to take water from any stream or other source as may be specified in the order; and the order may contain such incidental, consequential and supplementary provisions as the Secretary of State thinks necessary or expedient for the purposes of the order, and such provisions may (but without prejudice to the generality of this subsection) include provisions enabling Scottish Water to carry on any business or trade ancillary to taking of water; and where such provisions include a provision requiring the payment of compensation, the amount of such compensation shall, in case of dispute, be settled in the manner provided by the Lands Clauses Acts with reference to taking of land otherwise than by agreement. (3) Where the acquisition of water rights by Scottish Water under this Part will result in the impounding of any stream— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Secretary of State shall, in any order for the compulsory acquisition of such rights, prescribe the quantity of compensation water to be provided by Scottish Water, and shall incorporate in the order the appropriate provisions of Part III of Schedule 4 subject to such modifications and adaptations as he thinks fit. (4) Where the acquisition of water rights by Scottish Water under this Part will, in the opinion of the Secretary of State, substantially reduce the flow of any stream— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Secretary of State shall in any order for the compulsory acquisition of such rights prescribe the extent to which and the circumstances in which water may be taken. (5) Subject to subsections (5A) and (5B) in assessing the quantity of compensation water to be provided under any such . . . order or in determining the extent to which and the circumstances in which water may be taken under any such . . . order, the Secretary or State shall have regard to all the circumstances of the particular case, including— (a) the interests of public health; (b) the character and flow of the stream; (c) the extent to which the stream is or may in the future be used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply by other undertakers, agriculture, transport and navigation; (d) the effect on land drainage or on any canal or inland navigation of any alterations in the flow of the stream; and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings. (5A) Before making an order for the compulsory acquisition of water rights, and in considering the matters referred to in subsections (3) to (5), the Scottish Ministers shall– (a) obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment (and in particular as to the extent to, and the circumstances in, which water may be taken and the quantity of compensation water to be provided); and (b) have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3). (5B) In the event that the provisions of an order for the compulsory acquisition of water rights which makes provision on matters relating to the protection of the water environment and the conditions of an authorisation granted under the Water Environment (Controlled Activities)(Scotland) Regulations 2005 differ, and cannot reasonably be reconciled, the relevant provisions of that order shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The provisions of Part I of Schedule 1 shall apply to the making of applications and orders under subsection (2).

18 Compulsory acquisition of land for water works.

(1) Subject to the provisions of this section, an order under section 17 may authorise Scottish Water to acquire compulsorily such land as may be necessary for the purposes of the order, being land which Scottish Water could be authorised to acquire under section 47 of the Water Industry (Scotland) Act 2002 (asp 3) . (2) The provisions of Schedule 2 shall have effect in relation to an order under section 17 which authorises any such acquisition of land.

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21 Power to carry out works.

(1) Without prejudice to any other powers which it may have, Scottish Water may, for the purposes of providing a supply of water under this Act and subject to its provisions— (a) construct, alter, acquire by purchase, lease or otherwise, or renew or maintain, waterworks; (b) so acquire any undertaking belonging to persons, . . . , who are supplying or are authorised to supply water; (c) so acquire premises to be used for the purposes of Scottish Water and maintain such premises; (d) contract with any person for a supply by him of water in bulk or otherwise; or (e) erect and maintain a house for the use of a person employed by it for the purposes of its undertaking. (2) For the avoidance of doubt, all waterworks constructed in pursuance of subsection (1) above (whether before or after the commencement of this subsection)vest in Scottish Water.

22 Power to break open streets.

(1) The provisions of Part I of Schedule 3 shall have effect in relation to the breaking open of roads by Scottish Water for the purpose of carrying out any works which it is authorised to execute by or under this Act or any local enactment incorporating any provisions of Schedule 4. (2) Paragraph 1 of Schedule 3 has effect in relation to works carried out by any person— (a) in pursuance of an authorisation under section 23A(1), or (b) in connection with the management, maintenance or renewal of a main or communication pipe laid by that person in pursuance of such an authorisation and vested in that person, as it has in relation to works carried out by Scottish Water.

23 Power to lay mains, etc.

(1) Scottish Water or ... may for the purposes of its functions lay a main— (a) in, under or over any roads or under any cellar or vault below any roads after giving reasonable notice to — (i) where the road is a public road, the roads authority; and (ii) 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 road,, and (b) in, on or over any land not forming part of a road, after giving reasonable notice to the owner and the occupier of that land; and may from time to time inspect, repair, maintain, alter, or renew or may at any time remove a main previously laid whether by virtue of this section or otherwise. (1ZA) Section 192 of the Local Government (Scotland) Act 1973 (c.65)(service of notices) shall apply to notices served by Scottish Water under subsection (1) above relating to land as it applies to notices served by a local authority relating to premises. (1A) If within two months after the service of a notice under subsection (1)(b) above the owner or occupier objects to Scottish Water about the proposed works (and that objection is not withdrawn), Scottish Water shall not proceed to lay the main but shall refer the matter by summary application to the sheriff, who may— (a) grant consent to the proposed works, either unconditionally or subject to such terms and conditions as he thinks just; or (b) withhold his consent; and the decision of the sheriff on the matter shall be final. (2) Where Scottish Water ... in the exercise of its powers under this section lay a main in, on or over any land not forming part of a road, or inspect, repair, maintain, alter, renew or remove a main laid in or over any such land, it shall from time to time pay compensation to every person interested in that land for any damage done to or injurious affection of that land by reason of the laying, inspection, repair, maintenance, alteration, renewal or removal of the main; and any question as to the amount of compensation to be paid under this subsection shall, in case of dispute, be determined by arbitration. (2A) In relation to a main not vested in Scottish Water, Scottish Water may recover from the person in whom the main is vested any expenses reasonably incurred by Scottish Water under subsection (1) or (2) in connection with the inspection, repair, maintenance, alteration, renewal or removal of the main. (2B) In relation to a main laid by any person in pursuance of an authorisation under section 23A(1), subsections (1) and (2) of this section, so far as relating to the inspection, repair, maintenance, alteration, renewal or removal of a main, apply to that person as they apply to Scottish Water. (3) Scottish Water ... may erect and maintain in any road notices indicating the position of underground water fittings used for controlling the flow of water through its mains whether laid by virtue of this section or otherwise and may affix such a notice to any house or other building, or any wall or fence. (4) In the case of works in respect of which notice is required to be given under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of road works), notice duly given to a person in accordance with that section and section 156 of that Act (service of notice) shall be treated as reasonable notice for the purposes of subsection (1)(a) above. (5) For the avoidance of doubt, all mains laid in pursuance of subsection (1) above (whether laid before or after the commencement of this subsection) vestin Scottish Water.

23A Laying of mains and communication pipes by persons other than Scottish Water

(1) Without prejudice to sections 23 and 24 (including any power under those sections to authorise the laying of mains or communication pipes on its behalf), Scottish Water may authorise a person to lay a main or communication pipe which is to connect with a main vested in it— (a) in, under or over any road or under any cellar or vault below any road, or (b) in, on or over any land which does not form part of a road and is not land as respects which that person is owner, lessee or occupier. (2) Where Scottish Water gives an authorisation to any person under subsection (1) in relation to a main, subsections (1) to (2) of section 23, so far as relating to the laying of a main shall apply in respect of that person as they apply in respect of Scottish Water. (3) Where— (a) a main or communication pipe (not being a main pipe or laid by or on behalf of Scottish Water) is laid by any person, and (b) the main or pipe connects with a main vested in Scottish Water, the main or, as the case may be, the communication pipe shall vest in Scottish Water. (4) Notwithstanding subsection (3), Scottish Water may, before the completion of a main or communication pipe to which that subsection applies, determine that the main or pipe, or any part of it, shall vest in the person who laid it and that that person shall have sole responsibility for its management, maintenance and renewal. (5) Scottish Water shall give notice of a determination under subsection (4) to the person who laid the main or communication pipe. (6) Where— (a) a main or communication pipe (not being a main or pipe laid by or on behalf of Scottish Water) is laid by any person, and (b) the main or pipe does not connect with a main vested in Scottish Water, the main or, as the case may be, the communication pipe shall vest in the person who laid it, who shall have sole responsibility for its management, maintenance and renewal. (7) Notwithstanding subsections (4) and (6), Scottish Water may at any time enter into an agreement under which the main or communication pipe in question, or any part of it, shall vest in it. (8) An agreement under subsection (7) relating to a main or communication pipe to which subsection (3) applies— (a) is subject to— (i) the condition that the main or pipe shall vest in Scottish Water only if it complies with the construction standards specified by virtue of section 23B, so far as applicable, (ii) such further conditions as Scottish Water may require to be included in the agreement by virtue of section 23C, and (b) shall not take effect until the person who laid the main or pipe provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).

23B Construction standards for mains and communication pipes to vest in Scottish Water

(1) In relation to a main or communication pipe to which subsection (3) of section 23A applies, the construction standards referred to in subsection (8)(a)(i) of that section are such standards as the Scottish Ministers may, by regulations, specify. (2) The standards which may be specified in regulations under subsection (1) include standards specified in or under other enactments. (3) Regulations under subsection (1) may make different provision in relation to different cases or descriptions of case. (4) Before making regulations under subsection (1) the Scottish Ministers must consult— (a) Scottish Water, and (b) such other persons as they consider appropriate.

23C Vesting conditions for mains and communication pipes

(1) For the purposes of subsection (8)(a)(ii) of section 23A, Scottish Water may require the inclusion in an agreement under subsection (7) of that section of conditions (“vesting conditions”) as to— (a) any sum to be paid by Scottish Water to the person who laid the main or communication pipe in respect of its laying, (b) the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the main or pipe, including in particular the costs of— (i) maintaining, repairing and renewing the main or pipe and such water mains, communication pipes and other waterworks constructed, and work carried out, as are mentioned in sub-paragraph (iii), (ii) connecting the main or pipe to a main vested in Scottish Water, (iii) constructing such water mains, communication pipes and other waterworks, and carrying out such other work, as Scottish Water considers necessary in consequence of the connection. (2) The Scottish Ministers may by regulations make provision as to— (a) the provisions to be included, by virtue of subsection (1) of this section, as vesting conditions in an agreement under section 23A(7), (b) cases in relation to which subsection (1) of this section does not apply, or applies with modifications. (3) Regulations under subsection (2) may, in particular, make provision— (a) for determining the sum (if any) to be paid by Scottish Water by virtue of subsection (1)(a), (b) for determining the liability, by virtue of subsection (1)(b), of the person who laid the main or communication pipe by reference to such matters, criteria and methods of calculation as the regulations may specify, (c) as to when sums due under the vesting conditions are payable, (d) as to the security which Scottish Water is entitled to require under section 23A(8)(b). (4) Regulations under subsection (2) may make different provision in relation to different descriptions of person and different cases or descriptions of case.

24 Communication and supply pipes.

(1) Where a service pipe is required to be laid for the purpose of supplying water to premises for domestic purposes, the water authority providing the supply shall lay the communication pipe and also so much of the supply pipe as is to be laid in a road. (2) The provisions of Part II of Schedule 3 shall apply to all water authorities. (3) All communication pipes whether laid before or after the commencement of this Act shall vest in the water authority and the authority shall at their own expense carry out any necessary work of maintenance, repair or renewal of such pipes and any work on their mains incidental thereto. (4) The water authority shall also carry out any such necessary works in the case of so much of any supply pipe as is laid in a roadand is not, by virtue of any of subsections (5) to (8) below, vested in them and may recover from the owner of the premises the expenses reasonably incurred by them in so doing, but without prejudice to the rights and obligations as between themselves of the owner and the occupier of the premises and to the terms and conditions of any such agreement as is mentioned in subsection (8) below. (5) Where the laying of a supply pipe is completed after such day as the Secretary of State may under this subsection by order appoint, so much of that pipe as may lie between a communication pipe with which it connects and the curtilage of the premises supplied shall, on such completion, vest in the water authority in whom is vested the communication pipe as shall any apparatus used wholly or mainly in connection with that supply pipe; and a supply pipe in so far as so lying is, together with any apparatus so used in connection with it, referred to in the following provisions of this section as a “relevant supply pipe”. (6) Subject to subsection (7) below, on such day as the Secretary of State may by order appoint, a relevant supply pipe which is not then vested in any water authority (and whose laying is complete) shall vest in the water authority in whom the communication pipe is vested. (7) Subsection (6) above shall have no effect in relation to any relevant supply pipe in respect of which notice is both given and not withdrawn, within the period of three months before the day appointed under that subsection— (a) to the water authority in question by the person (or as the case may be any one of the persons) in whom the pipe is, or will immediately before that day be, vested stating that he does not wish the pipe to vest in the water authority under that subsection; or (b) to such person (or as the case may be persons) by the water authority stating that the pipe is inappropriate for the purpose of supplying water to the premises, whether by reason of its state of repair or otherwise, but at any time after the appointed day the person, or as the case may be persons, in whom the pipe is vested may by notice specify a day on which he desires (or they desire) that the pipe shall vest in the authority and if the pipe is on that specified day appropriate for the purpose of supplying water to the premises it shall vest accordingly. (8) If a relevant supply pipe does not vest in a water authority by virtue of subsection (6) or (7) above, the pipe may nevertheless vest by agreement in the authority— (a) on such terms and conditions; and (b) as from such day after the appointed day, as the person (or persons) and the water authority consider appropriate. (9) The water authority shall, at their own expense, carry out any necessary work of maintenance, repair or renewal of relevant supply pipes vested in them by virtue of any of subsections (5) to (7) above; but this subsection is without prejudice to the terms and conditions of any such agreement as is mentioned in subsection (8) above. (10) Any dispute arising under subsection (7) above as to whether— (a) a notice under paragraph (b) of that subsection should be withdrawn as unjustified; (b) apparatus is used wholly or mainly in connection with a supply pipe; or (c) on a specified day a relevant supply pipe is appropriate for the purpose of supplying water to the premises, shall be referred by the person or persons in whom the pipe is vested to the Secretary of State, who may determine the dispute himself or, if he thinks fit, refer it for determination by arbitration.

24A Keeping of map showing water mains, etc.

(1) Scottish Water shall keep deposited at its principal office a map showing and distinguishing so far as is reasonably practicable all water mains, communication pipes and supply pipes which are vested in it by virtue of this Act or of the Water Industry (Scotland) Act 2002 (asp 3); and Scottish Water shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as Scottish Water may determine. (2) Scottish Water shall keep deposited at such of its offices, other than its principal office, as it considers appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and Scottish Water shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, it does in relation to the map mentioned in that subsection at its principal office. (3) For the purposes of subsection (2) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to Scottish Water to be appropriate having regard to the geographical location of that office.

24B Works in connection with metering

(1) This section applies where, in relation to any premises (“the premises concerned”), the conditions specified in subsection (2) are satisfied. (2) The conditions referred to in subsection (1) are that— (a) Scottish Water is supplying or proposes to supply water to the premises, (b) such supply is or is to be by meter, and (c) there is a service pipe which is connected with a water main vested in Scottish Water and by which a supply of water is or could be provided to those premises. (3) Where this section applies, Scottish Water may serve a notice on the owner of the premises concerned requiring the execution, within such period of not less than 3 months as the notice shall specify, of such of the works mentioned in subsection (4) as the notice may specify. (4) The works referred to in subsection (3) are, in relation to the premises concerned— (a) works consisting of the installation and connection of any meter for use in determining the quantity of water supplied to the premises, (b) where a supply of water is or could be provided by the service pipe referred to in subsection (2)(c) to other premises as well as the premises concerned, works consisting of the installation, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for the premises concerned, but only to the extent that such a pipe will constitute a supply pipe and is not required to be laid in a road, (c) works for the purpose of maintaining, repairing, disconnecting or removing— (i) any meter which has been installed for use in determining the quantity of water supplied to the premises, or (ii) any pipes or apparatus installed in the course of any works specified in this section, and (d) any other works appearing to Scottish Water to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c), including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises. (5) In the case of any of the works mentioned in paragraph (a) of subsection (4) and paragraph (c)(i) of that subsection so far as relating to maintenance and repair of a meter, Scottish Water may execute the works itself instead of requiring the owner, under subsection (3), to execute the works. (6) If an owner upon whom a notice has been served under subsection (3) fails to comply with it, Scottish Water may itself execute the works which the owner was required by the notice to execute. (7) Where Scottish Water has served a notice under that subsection requiring the execution of the works mentioned in paragraph (b) of subsection (4), it shall, within 14 days after those works have been executed, lay so much of the separate service pipe referred to in that paragraph as will constitute a communication pipe or a supply pipe to be laid in a road and shall make all necessary connections. (8) Scottish Water may recover from the owner of the premises concerned any expenses reasonably incurred by it in executing any works under subsection (5), (6) or (7). (9) Subsection (8) is without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.

25 Power of authority to provide public wells.

(1) A local authority or Scottish Water may construct and maintain public pumps, wells, stand-pipes or other works for supplying water for the use of the inhabitants within their area or, as the case may be, its limits of supply. (2) A local authority may erect and maintain or authorise to be erected and maintained in any road or public place within their area any drinking fountain or trough; but where the Secretary of State is the roads authoritythere shall be no such erection by the the local authority without his consent which consent shall not be unreasonably withheld.

26 Power to close, or restrict use of, wells.

If a local authorityare or Scottish Water is satisfied that— (a) any public well, drinking fountain or other work within their area or, as the case may be, its limits of supply and vested in them or, as the case may be, it or any work constructed under section 25 is no longer required, or (b) the water obtained therefrom is so polluted as to be injurious or dangerous to health and that it is not reasonably practicable to remedy the cause of the pollution, they may close the well, fountain or other work or restrict the use of the water obtained from it.

27 Power to close, or restrict use of water from, polluted source.

(1) If a local authority are of opinion that the water in or obtained from any source of supply not vested in them, being water which is or is likely to be used within their area for domestic purposes or in the preparation of food or drink for human consumption, is or is likely to become so polluted as to be injurious or dangerous to health, they may apply to the sheriff who, after giving the person to whom the source of supply belongs and any other person alleged to have control of the source of supply an opportunity of being heard, may make— (a) an order directing the source of supply to be permanently or temporarily closed or cut off, or (b) an order directing the water from the the source of supply to be used for certain purposes only, or (c) such other order as appears to him to be necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared with or from the water. (2) The sheriff shall hear any person using the water who claims to be heard and may cause the water to be analysed and examined at the cost of the local authority. (3) If a person on whom an order is made under this section fails to comply with it the sheriff may, on the application of the local authority, authorise them to do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by them in so doing may be recovered by them from the person in default.

28 Water works code.

(1) For the purpose of enabling Scottish Water to supply water under this Part the following provisions of Schedule 4 shall, subject to any necessary modifications, apply to this Part, that is to say— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Part V; (c) Part VII; (d) Part VIII; and (e) sections 40, 41 and 45 of Part IX. (2) For the purposes of construction of any reservoir, filter or distribution tank or works connected therewith, sections 25 to 37 of the Railways Clauses Consolidation (Scotland) Act 1845 (which relate to the temporary occupation of lands near the railway during its construction) shall apply to this Part subject to the modifications that for references to the company, to the railway and to the centre of the railway there shall be substituted respectively references to Scottish Water, to the reservoir, filter, distribution tank or works and to the boundaries of the reservoir, filter, distribution tank or works, and for any reference to a justice or justices there shall be substituted a reference to the sheriff, and the prescribed limits shall be 200 yards from such boundaries.

29 Applications of enactments by order.

(1) The Secretary of State may by any order under section . . . 17 apply to any water undertaking to which the order relates such of the provisions contained in Schedule 4 as appear to him to be appropriate, subject to such modifications and adaptations as may be specified in the order. (2) The Secretary of State may at any time by order apply the provisions of Schedule 4 or any of them to the undertaking of Scottish Water, subject to such modifications and adaptations as may be specified in the order, and may by the order repeal any provision previously applicable to the undertaking to the extent to which it appears to him, having regard to the provisions of this Act which apply or are applied by the order to the undertaking, to be no longer required, or amend any provision previously applicable to the undertaking to any extent which appears to him necessary to bring it into conformity with the said provisions of this Act. (3) The provisions of Part I of Schedule 1 shall apply to an order made under subsection (2) on the application of Scottish Water , and the provisions of Part II of that Schedule shall apply to an order so made without any such application.

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31 Consultation with authorities in England.

(1) Where the limits of supply of Scottish Water adjoin any part of England and it appears to Scottish Water that there may be water in watercourses or underground strata in that part of England, or in the limits of supply, which could be transferred from that part of England to the limits of supply, or from the limits of supply to that part of England, as the case may be, Scottish Water shall, insofar as it considers it appropriate to do so, consult with (a) the water undertakers and other appropriate authorities in that part of England with a view to securing the best use of that water in the public interest ; and (b) the Scottish Environment Protection Agency. (2) In subsection (1) the reference to water in underground strata shall be construed as a reference to water contained in strata subjacent to the surface of any land otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata.

32 Power of water undertakers to supply water to water authorities.

(1) Any person supplying water, whether under statutory powers or not, may— (a) contract to supply water to Scottish Water; or (b) sell or lease to Scottish Water all or any of his waterworks and all his rights, powers and privileges attaching thereto but subject to all liabilities attaching thereto. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .