90 Default by water development board on apportionment scheme.
In the event of a water development board failing to submit an apportionment scheme, or, as the case may be, a new apportionment scheme, for approval by the date by which it is due, the Secretary of State shall, after consultation with the water development board and their constituent water authorities, make on behalf of that board an apportionment scheme or a new apportionment scheme (whichever is appropriate) and the scheme so made shall be binding on the water development board and their constituent authorities.
91 Provision of services for water authorities and development boards.
A regional, islands or district council may provide the water authority or water development board with such services as the authorities or board may request for the performance of their functions; and any water development board may make such provision as aforesaid for any water authority or any other such board.
92 Power of water development boards to promote or oppose private legislation.
(1) Subject to the provisions of this section, a water development board may petition for the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936 or oppose any private legislation in Parliament where they are satisfied that it is expedient so to do, and may defray the expenses incurred in relation thereto.
(2) A water development board shall not petition for the issue of a provisional order as aforesaid without the consent of the Secretary of State, and the Secretary of State shall not give such a consent unless he is satisfied that the powers sought by the proposed order cannot be obtained by means of an order under this Act.
(3) An application for the consent of the Secretary of State for the purposes of this section shall be accompanied by a concise summary of the purposes of the proposed order.
(4) In this section “private legislation in Parliament” includes a provisional order, and the confirmation Bill relating thereto under the said Act of 1936, and any local or personal Bill.
93 Obtaining of information as to underground water.
(1) Any person who proposes to sink, for the purpose of searching for or abstracting water, a well or borehole intended to reach a depth of more than 50 feet below the surface shall, before he begins to do so, give to the Natural Environmental Research Council notice in writing of his intention to do so, and shall keep a journal of the progress of the work, which shall include measurements of the strata passed through, and all the levels at which water is struck and subsequently rests, and shall allow any person authorised by the said council for the purpose, on the production of some duly authenticated document showing his authority, at all reasonable times—
(a) to have free access to any such well or borehole;
(b) to inspect the well or borehole and the material excavated therefrom;
(c) to take specimens of such material and of water abstracted from the well or borehole; and
(d) to inspect and take copies of or extracts from the journal required to be kept under this section.
(2) The person sinking any such well or borehole shall, on completion or abandonment of the work, send a complete copy of the journal kept under subsection (1) to the council and shall also send them particulars of any test made, before such completion or abandonment, of the flow of water, specifying the rate of flow throughout the test and the duration of the test, and also, where practicable, specifying the water levels during the test and thereafter until the water has returned to its natural level.
(3) Where any such well or borehole is sunk in connection with an existing pumping station, the particulars of any test to be supplied to the council shall also include the rate of pumping at the existing works during the test.
(4) Where the person sinking a well or borehole on any land is not the occupier of the land, the obligation to allow a person authorised by the council to exercise the rights specified in paragraphs (a) to (d) of subsection (1) shall be the obligation of the occupier as well as of the person sinking the well or borehole.
(5) Where any person contracts to sink any well or borehole on land belonging to or occupied by any other person and the execution of the work is under the control of the contractor, the contractor and no other person shall be deemed for the purposes of this section to be the person sinking the well or borehole.
(6) The person sinking a well or borehole or (if a different person) the owner or occupier of the land on which it is sunk may give notice in writing to the council requiring them to treat as confidential any copy of or extract from the journal required to be kept under subsection (1) or any specimen taken under that subsection, and the council shall thereupon not allow that copy, extract or specimen, except in so far as it contains or affords information as to water resources and supplies, to be published or shown to any person not being an officer of the council or of the Secretary of State, unless the person giving the notice consents thereto:
Provided that, if at any time the council give notice to that person that in their opinion his consent is unreasonably withheld, then that person may, within three months after the notice is given by the council, appeal to the Court of Session, but if at the expiration of that period no such appeal has been made, or if after hearing the appeal the Court does not make an order restraining them from doing so, the council may proceed as if such consent had been given.
(7) Any person who fails to comply with any obligation imposed on him by the provisions of this section shall be guilty of an offence against this Act and shall on summary conviction be liable to a fine not exceeding level 4 on the standard scale and, where the offence continues after conviction, to a further fine of £20 for every day during which it so continues.
(8) Any person who in keeping a journal under subsection (1) or in furnishing information under subsection (2) or (3) makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
Any person who, in keeping any record or journal or in furnishing any return, abstract or information which he is required by or under this Act (other than by or under section 93) to keep or furnish, knowingly or recklessly makes any statement which is false in a material particular shall 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.
Any person guilty of an offence under this Act shall, except where the provision by or under which the offence is created provides for the penalty to be imposed, be liable in respect of each offence—
(a) on summary conviction, to a fine not exceeding the statutory maximum and in the case of a continuing offence to a further fine not exceeding £25 for every day during which the offence is continued after conviction;
(b) on conviction on indictment, to imprisonment for a period not exceeding three months or to a fine, and in the case of a continuing offence to a fine for every day during which the offence is continued after conviction.
Where provision is made by or under this Act or any local enactment incorporating any provisions of Schedule 4 for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted may fix a reasonable period from the date of the conviction for compliance by that person with any directions given by the court, and, where the court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before the expiration thereof.
The Secretary of State may cause such local inquiries to be held as he may consider necessary or proper in connection with the discharge by him of any of his functions under this Act or under any other enactment with respect to water supplies or water undertakings, and the provisions of section 210(2) to (9) of the Local Government (Scotland) Act 1973 shall apply to any such local inquiry and to any other local inquiry which he is required by this Act or any other such enactment to cause to be held.
99 Orders subject to special parliamentary procedure.
(1) Any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure shall, if the Secretary of State so directs, be held by commissioners under the Private Legislation Procedure (Scotland) Act 1936; and any direction so given shall be deemed to have been given under section 2, as read with section 10, of the Statutory Orders (Special Procedure) Act 1945.
(2) Nothing in section 210(2) to (9) of the Local Government (Scotland) Act 1973 shall apply to any inquiry under this section by commissioners under the Private Legislation Procedure (Scotland) Act 1936.
(3) The provisions of the Statutory Orders (Special Procedure) Act 1945 with regard to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything in that Act contained, not apply to any order under this Act which is subject to special parliamentary procedure.
(1) Any power to make orders under this Act may be exercisable by statutory instrument.
(2) Before making, on his own initiative, an order under section 107, the Secretary of State shall consult Scottish Water .
(1) The Secretary of State may make regulations prescribing anything required to be prescribed for the purpose of any provision of this Act.
(1A) Regulations made under this Act may make—
(a) such supplemental, consequential or transitional provision as the Secretary of State thinks fit;
(b) different provision for different cases or classes of case.
(1B) The Secretary of State may by regulations make provision as to—
(a) the manner in which and the time within which a question or dispute may be referred (other than by him for determination by arbitration), or a request may be made, in pursuance of section 6(3), 9(4) or 24(10) of this Act and as to the procedure for dealing with any such reference or request; and
(b) the manner in which, subject to sections 76G and 76H of this Act, written representation or objection may be made, submitted or withdrawn under subsection (2) of the said section 76H.
(2) Any power to make regulations under this Act shall be exercisable by statutory instrument; and any instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of moneys provided by Parliament any expenses incurred by the Secretary of State in the exercise of his functions under this Act.
All notices, consents, approvals, demands and other documents authorised or required by or under this Act or any local enactment incorporating any provisions of Schedule 4 to be given, made or issued by the Secretary of State or any local authority, or Scottish Water, and all notices and applications authorised or required by or under this Act or any such local enactment to be given or made to the Secretary of State or to, or to any officer of, any local authority, or Scottish Water, shall , subject to section 23(4) of and paragraph 4(1) of Schedule 3 to this Act, be in writing.
(1) It shall be competent to appeal to the sheriff-principal against the decision of a sheriff on any application to him under this Act (other than an application under section 23(1A)) within 21 days after the date of that decision, but subject thereto the decision of the sheriff-principal or sheriff shall be final.
(2) The provisions of this section shall also apply in the case of applications to the sheriff-principal under any local enactment incorporating any provisions of Schedule 4.
In arbitrations under this Act or under any local enactment incorporating any provisions contained in Schedule 4, the reference shall, except where otherwise expressly provided, be to a single arbiter to be appointed by agreement between the parties or in default of agreement by the Secretary of State.
106 Supplementary provisions relating to determination of disputes.
(1) Where for the purposes of this Act the Secretary of State or an arbiter is required to determine a dispute, the following provisions of this section shall apply in relation to that determination.
(2) Any such arbiter shall have the like powers for securing the attendance of witnesses and the production of documents, and with regard to the examination of witnesses on oath and the awarding of expenses, as if the arbitration were under a submission.
(3) The arbiter may, and if so directed by the Court of Session shall, state a case for the opinion of that Court on any question of law arising in the proceedings.
(4) Any award of the Secretary of State or, as the case may be, of an arbiter, under this Act may be recorded in the Books of Council and Session for execution, and may be enforced accordingly.
107 Repeal, amendment and adaptation of local enactments.
(1) The Secretary of State may by order—
(a) on his own initiative, repeal or amend any local enactment relating to the supply of water, or
(b) on the application of Scottish Water, repeal or amend any local enactment relating to the supply of water—
(i) by or to Scottish Water , or
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The power conferred on the Secretary of State by the foregoing subsection shall include power to consolidate any such local enactments as aforesaid, with or without amendments.
(3) Any order under this section may include such transitional, incidental, supplementary and consequential provisions as the Secretary of State may consider necessary or expedient.
(4) The provisions of this scetion shall have effect without prejudice to the exercise of any power to repeal, amend or adapt local enactments which is conferred by any other enactment, including any enactment contained in this Act.
(5) The provisions of Part I of Schedule 1 shall apply to orders made under this section on the application of Scottish Water.
(1) In this Act the following expressions shall subject to any express provision or anything in the context to the contrary have the meanings hereby respectively assigned to them, that is to say—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“agricultural lands and heritages” means any lands and heritages used for agricultural or pastoral purposes only or as woodlands, market gardens, orchards, allotments or allotment gardens and any lands exceeding 1011.75 square metres used for the purpose of poultry farming, but does not include any lands occupied together with a house as a park, garden or pleasure ground or any land kept or preserved mainly or exclusively for sporting purposes
“area”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“communication pipe”, subject to section 110, means—
(a) where the premises supplied with water abut on the part of the road in which the main is laid and the service pipe enters those premises otherwise than through the outer wall of a building abutting on the road and has a stopcock placed in those premises and as near to the boundary of that road as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between the main and the boundary of the part of the road in which the main is laid; and includes the ferrule at the junction of the service pipe with the main, and also—
(i) where the communication pipe ends at a stopcock, that stopcock; and
(ii) any stopcock fitted on the communication pipe between the end thereof and the main;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“contravention” includes failure to comply, and “contravene” shall be construed accordingly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“enactment” means any Act of Parliament, whether public general, local or private, any statutory order or any provision in an Act of Parliament or statutory order;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“fishery district” means a district for the purposes of the Salmon Fisheries (Scotland) Act 1862; and
“fishery district board” means the district board for a fishery district and for the purposes of this Act the Commissioners appointed under the Tweed Fisheries Act 1969 shall be deemed to be a fishery district board, and the river, as defined by the said Act of 1969, shall be deemed to be their fishery district;
“functions” includes powers and duties;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“house” means a dwelling-house, whether a private dwelling-house or not, and includes any part of a building if that part is occupied as a separate dwelling-house;
“land” includes land covered with water and any interest in land and any right or servitude in, to or over land and shall be interpreted accordingly for the purposes of any provisions of any Act incorporated with this Act;
“limits of supply”, in relation to Scottish Water, means the area of Scottish Water;
“local enactment” means any local Act of Parliament, any statutory order or any provision in any such Act of Parliament or statutory order;
“main” means a pipe laid for the purpose of giving a general supply of water as distinct from a supply to individual consumers, and includes any apparatus used in connection with such a pipe;
“navigation authority” means any persons or body of persons, whether incorporated or not, having powers under an enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“occupier” means the tenant or sub-tenant or any person in the actual occupation of premises, but does not include a lodger or person in the occupation as tenant of a furnished house let for a period of less than a year, but includes the person by whom such a furnished house is let;
“outer wall”, in relation to a building abutting on a street, does not include the outer wall of a cellar, or other structure, belonging to that building but situated beneath the street;
“owner” includes in relation to any land or other premises any person who under the Lands Clauses Acts would be enabled to sell and convey the land or other premises to the promoters of an undertaking;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly;
“premises” includes land and also tents, vans, sheds and similar structures;
“prescribed” means prescribed by or determined under regulations made by the Secretary of State under this Act;
“private road” and “public road” have the same meanings as in the Roads (Scotland) Act 1984;
“protection of the water environment” has the same meaning as in section 1(2) of the Water Environment and WaterServices (Scotland) Act 2003 (asp 3)
“reasonably practicable” means reasonably practicable in all the circumstances, including in any case where works are involved the expense involved in executing the works;
“repeal”, in relation to a local enactment not contained in an Act, means revoke;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“road” has the same meaning as in the Part IV of the New Roads and Street Works Act 1991;
“roads authority” has the same meaning as in the Roads (Scotland) Act 1984;
“service pipe” means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap;
“statutory order” means an order or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;
“stream” includes a river, burn, spring or other running water;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“a supply of water for domestic purposes” has the meaning assigned to it in section 7, and any reference to domestic purposes in relation to the supply of water shall be construed accordingly;
“supply of water in bulk” means a supply of water for distribution by Scottish Water;
“supply pipe” means so much of any service pipe as is not a communication pipe;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows;
“water development board” means a board established by virute of section 82(1)(a) and includes the Central Board;
“the water environment” has the same meaning as in section 3 of the Water Environment and Water Services (Scotland)Act 2003 (asp 3)
“water fittings” includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths, sinks, water-closets, soil-pans and other similar apparatus used in connection with the supply and use of water;
“waterworks” includes streams, springs, wells, pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines and all machinery, lands, buildings and things for supplying, or used for supplying, water or used for protecting sources of water supply.
“wholesome” and cognate expressions shall be construed subject to the provisions of any regulations made under section 76J
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the construction of any enactment incorporated with this Act, the expressions “the promoters of the undertaking” or “the company”, and “the special Act”, shall be construed as meaning respectively the Scottish Water . . . , and this Act.
(4) In this Act, except where otherwise indicated—
(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and
(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110 Further provisions as to communication pipes, etc.
(1) Where any main is laid alongside and within 60 feet of the middle of a road, then, for the purposes of the definition of “communication pipe” contained in section 109(1), the land in which the main is laid, and any land between the main and the road, shall be deemed to form part of the road, and references in that definition to the part of the road in which the main is laid, and to the boundary of the road in which the main is laid, shall be construed accordingly;
Provided that where the premises supplied with water lie between any such main as aforesaid and the road, only that land in which the main is laid together with any land between the main and those premises shall be deemed to form part of the road.
(2) Where any main is laid as mentioned in subsection (1), the power of Scottish Water to lay service pipes, stopcocks and other fittings under paragraph 4 of Schedule 3 shall include power, with the consent of every owner and occupier of the land, and subject to payment of compensation for any damage done by Scottish Water , to lay such pipes, stopcocks and fittings in, on or over any land which is deemed to form part of a road for the purposes specified in subsection (1).
(3) Any consent required for the purposes of subsection (2) shall not be unreasonably withheld, and any question whether such consent is, or is not, unreasonably withheld shall be referred to and determined by the Secretary of State; and any dispute as to the amount of compensation to be paid under subsection (2) shall be determined by arbitration in the manner provided by section 105.
(4) For the avoidance of doubt, it is hereby declared that the provisions of section 24(3) apply to any pipe laid before the commencement of this Act which, by virtue of this section, is deemed to be a communication pipe.
Except with the consent of the persons interested, no order made under section 29 shall abrogate or affect—
(a) any provision contained in a local enactment for the protection or benefit of any specified person or class of persons or body of persons whether incorporated or not, other than a provision with respect to the discharge of compensation water into any watercourse;
(b) any provision contained in a local enactment for conferring on or preserving to the public rights of enjoyment of air, exercise and recreation on land or rights of access to land for those purposes or for conferring any right of way.
(1) The enactments specified in Schedule 10 shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.
(2) The enactments specified in Schedule 10 shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.
SCHEDULE 1 Procedure for Making Orders and Making and Confirming Byelaws
Sections 13, 17, 19 29, 72, 107.
Part I
Orders made by the Secretary of State under section 17(2) and (if made on application of water authority or water development board) sections 19, 29(2) and 107(1)).
1 Where Scottish Water proposes to apply for any order to which this part of this Schedule applies it shall submit to the Secretary of State a draft of the order which it desires him to make and shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the order a notice—
(a) stating the general effect of the order;
(b) specifying a place in or near the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice;
(c) stating that within the said period any person may by notice to the Secretary of State object to the application.
2 Not later than the date on which the said notice is first published, Scottish Water shall serve a copy thereof—
(i) on the . . . local authority for every area affected by the order along with a copy of the draft order;
(ii) where it is proposed that the order shall authorise the acquisition of rights to take water, on the fishery district board of any fishery district from which water is to be taken under the rights acquired, on any navigation authority exercising functions in relation to any watercourse from which water is to be taken under the rights acquired and on any public undertakers or licence holder within the meaning of Part I of the Electricity Act 1989 known by Scottish Water to be authorised by or by virtue of any enactment to take or use water from any such watercourse and in the case of an order under section 17(2) on the Scottish Environment Protection Agency.
3 Scottish Water shall also publish in the Edinburgh Gazette a notice stating that it is about to apply for an order under the appropriate section, . . . and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the order applied for will be found.
4 Scottish Water shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of such charge as it thinks reasonable.
5 The Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit, but, where he proposes to make any modification and considers that persons other than Scottish Water may be adversely affected thereby, he shall require Scottish Water to give and publish additional notices in such manner as he thinks best adapted for informing all persons so affected of the modification proposed.
6 If before the expiration of the 28 days referred to in paragraph 1 of this Schedule or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before the expiration of any period specified in notices given under the last foregoing paragraph, an objection is received by the Secretary of State from any authority or board or undertakers or licence holder on whom a notice is required to be served under paragraph 2 of this Schedule, or from any other person appearing to him to be affected by the application, or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held.
7 After considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
8 The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of an order under this Part of this Schedule shall be paid by Scottish Water. . . .
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
Orders made by the Secretary of State under section 13(2) and (if no application by the water authority or water development board) sections 19 and 29(2).
10 Before making an order to which this Part of this Schedule applies, the Secretary of State shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the order, a notice—
(a) stating the general effect of the order;
(b) specifying a place in or near the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice; and
(c) stating that within the said period any person may by notice to the Secretary of State object to the making of the order.
11 Not later than the date on which the said notice is first published the Secretary of State shall serve a copy thereof—
(i) on Scottish Water and on thelocal authority for every area affected by the order along with a copy of the draft order;
(ii) where it is proposed that the order shall authorise the transfer of rights to take water, on the fishery district board of any fishery district, and on any navigation authority exercising functions in relation to any watercourse, from which water is taken under the rights transferred and on any public undertakers or licence holder within the meaning of Part I of the Electricity Act 1989 known by the Secretary of State to be authorised by or by virtue of any enactment to take or use water from any such watercourse and on the Scottish Environment Protection Agency;
(iii) where it is proposed that the order shall provide for the furnishing of a supply of water in bulk, on the fishery district board of any fishery district from which water is taken by the persons who are to give the bulk supply.
12 The Secretary of State shall also publish in the Edinburgh Gazette a notice stating that he is about to make the order, . . . and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the order will be found.
13 The Secretary of State shall, at the request of any person interested, furnish him with a copy of the draft order upon payment of such charge as the Secretary of State thinks reasonable.
14 The Secretary of State may make the order either in the terms of the draft or in those terms as modified in such manner as he thinks fit, but, where he proposes to make any modification and considers that persons other than Scottish Water may be adversely affected thereby, he shall give and publish additional notices in such manner as he thinks best adapted for informing all persons likely to be affected by the modification proposed.
15 If before the expiration of the 28 days referred to in paragraph 10 of this Schedule, or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before the expiration of any period specified in notices given under the last foregoing paragraph, an objection is received by the Secretary of State from Scottish Water or any authority or board or undertakers or licence holder on whom a notice is required to be served under paragraph 11 of this Schedule or from any person appearing to him to be affected by the order or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State before making the order shall cause a local inquiry to be held.
16 After considering the report of any local inquiry under the last foregoing paragraph, and before making the order, the Secretary of State shall give to any person who has duly objected thereto, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of the notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
17 The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of an order under this Part of this Schedule shall be paid by Scottish Water
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
Agreements made by water authorities or water development boards under section 17
19 Where Scottish Water proposes to enter into an agreement to which this Part of this Schedule applies itshall publish once at least in each of two successive weeks in one or more local newspapers circulating within its limits of supply a notice explaining the effect of the proposals and stating that objections thereto may be made to the Secretary of State within 28 days after the first publication of the notice, and shall send a copy of the notice to the . . . local authority for any area, the fishery district board of any fishery district, and any navigation authority exercising jurisdiction in relation to any water course, from which water is proposed to be taken under the rights to be acquired, and where the river purification authority within whose area the stream affected is situated are not the same authority as Scottish Water, to that authority, and to any public undertakers known by the water authority to be authorised by any enactment to take or use water from any such watercourse.
20 Scottish Water shall also publish in the Edinburgh Gazette a notice stating that it proposes to enter into such an agreement as aforesaid with the persons specified in the notice and giving the name and date of issue of a local newpaper in which the notice explaining the effect of the proposals will be found.
21 The Secretary of State shall not approve the agreement before the expiration of the said 28 days or before the expiration of 25 days from the publication of the said notice in the Edinburgh Gazette, and before approving it shall consider any objections which may have been received by him before the expiration of either of the said periods, and if before such expiration an objection is received by the Secretary of State from any authority or board or undertakers to whom a notice is required to be sent under paragraph 19 of this Schedule or who appear to him to be affected by the proposed agreement and the objection is not withdrawn, the Secretary of State shall, before approving the agreement, cause a local inquiry to be held.
22 After considering the report of any local inquiry under the last foregoing paragraph, and before making the order approving the agreement, the Secretary of State shall give to any person who has objected thereto under the said paragraph, and has not withdrawn his objection, notice as to the order which he proposes to make, and shall not make the order until the expiration of 28 days from the date of notice and, if within that period that person gives notice to the Secretary of State that he objects to the proposed order and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
23 The expenses incurred by the Secretary of State in connection with the approval of agreements under this Part of this Schedule (whether by order or otherwise) and the confirmation of orders thereunder shall be paid by Scottish Water .
Part IV
Byelaws made by water authorities or water development boards under sections 70 and 71
24 Byelaws to which this Part of this Schedule applies . . . shall not have effect until they are confirmed by the Secretary of State.
25 At least one month before application for confirmation of the byelaws is made—
(a) notice of the intention to apply for confirmation shall be published in the Edinburgh Gazette and in one or more local newspapers circulating in the area to which the byelaws apply, and
(b) a copy of the byelaws shall be sent to the local authority for any area wholly or partly comprised in the area to which the byelaws apply.
26 For at least one month before such application is made, a copy of the byelaws shall be deposited at the offices of Scottish Water and shall at all reasonable hours be open to public inspection without payment.
27 Scottish Water shall, at the request of any person interested, furnish to him a copy of the proposed byelaws upon payment of such sum as it may determine.
28 Any person aggrieved by any such byelaws may, within one month after the publication of the notice required by paragraph 25 hereof, notify his objection and the ground of his objection to the Secretary of State who shall consider them before confirming the byelaws.
29 The Secretary of State may confirm with or without modification or refuse to confirm any byelaws submitted to him under this Part of this Schedule for confirmation, and may fix a date on which the byelaws are to come into operation and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.
30 A copy of the byelaws when confirmed shall be printed and deposited at the offices of Scottish Water and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum , as Scottish Water may determine.
31 The production of a printed copy of the byelaws on which is endorsed a certificate purporting to be signed by a duly authorised officer of Scottish Water, stating—
(a) that the byelaws were made by Scottish Water;
(b) that the copy is a true copy of the byelaws;
(c) that on a specified date the byelaws were confirmed by the Secretary of State; and
(d) the date, if any, fixed by the Secretary of State for the coming into operation of the byelaws;
shall be prima facie evidence of the facts stated in the certificate and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this paragraph.
SCHEDULE 2 Orders under Section 17 Authorising Compulsory Acquisition of Land
Section 18.
1 The order shall incorporate the Lands Clauses Acts and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, and those Acts and the enactments relating to the compensation payable in respect of the compulsory acquisition of land shall apply accordingly subject to the exceptions and modifications specified in Parts I and II of Schedule 2 to the Act of 1947, and to such other exceptions and modifications (if any) as may be specified in the order.
2 A copy of the notice required by paragraph 1 or 10 of Schedule 1 to be published shall be served in accordance with the provisions of paragraph 2 or 11 of that Schedule on every owner, lessee and occupier (except tenants for a month or for any period less than a month) of any land authorised by the draft order to be compulsorily acquired.
3 Where any such objection as is mentioned in paragraph 6 or 15 of Schedule 1 relates to the compulsory acquisition of land, the Secretary of State may require the objector to state in writing the grounds thereof, and if it is certified by the Secretary of State that the objection relates exclusively to matters that can be dealt with by the tribunal by whom the compensation for the compulsory acquisition is to be assessed—
(a) the Secretary of State may disregard the objection for the purposes of the said paragraph 6 or 15, as the case may be; and
(b) where paragraph 7 or 16 of Schedule 1 applies to the order, the objection shall be disregarded for the purposes of that paragraph.
4 Notwithstanding anything in paragraph 5 or 14 of Schedule 1, the order as made by the Secretary of State shall not, unless all persons interested consent, authorise Scottish Water to acquire compulsorily any land which it would not have been so authorised to acquire if it had been made in terms of the draft submitted to or prepared by him.
5 Subject as hereinafter provided, Part III of Schedule 1 to the Act of 1947 (which makes special provision with respect to land of local authorities and statutory undertakers, inalienable land of the National Trust for Scotland, and land being a common or open space or the site of an ancient monument) shall apply to the order as it applies to a compulsory purchase order:
Provided that where paragraph 7 or 16 of Schedule 1 applies to the order, this paragraph shall have effect as if for the reference to Part III of Schedule 1 to the Act of 1947 there were substituted a reference to paragraph 10 of the last mentioned Schedule.
6 As soon as may be after the order has been made, Scottish Water shall publish in one or more newspapers circulating in the locality in which the land authorised to be acquired is situated a notice describing the land and stating that the order has been made authorising Scottish Water to acquire it compulsorily, and naming a place where a copy of the order as made may be inspected at all reasonable hours, and shall serve a like notice and a copy of the order as made on any persons on whom notices with respect to the land were required to be served by virtue of paragraph 2 above.
7 Part IV of Schedule 1 to the Act of 1947 (which relates to the validity and date of operation of compulsory purchase orders under that Act) shall apply to the order as if it were a compulsory purchase order and as if this Act were included among the enactments specified in section 1(1) of that Act; and paragraph 15(1) of that Schedule shall have effect accordingly in relation to the order as if for the words “this Act”, in the third place where those words occur, there were substituted the words “Schedule 2 to the Water (Scotland) Act 1980”, and as if after the words “this Schedule”, in the second place where those words occur, there were inserted the words “or Schedule 2 to the Water (Scotland) Act 1980”:
Provided that nothing in this paragraph shall prohibit or restrict the taking of legal proceedings for questioning the order so far as it relates to matters other than the compulsory acquisition of land.
8 In this Schedule the expression “the Act of 1947” means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
SCHEDULE 3 Provisions as to Breaking Open Streets and Laying Communication and Supply Pipes
Sections 22, 24.
Part I
Provisions as to breaking open streets, etc.
Power to break open streets.
1 Subject to the provisions of this Part of this Schedule, Scottish Water may, for the purpose of laying, constructing, inspecting, repairing, altering, renewing or removing mains, service pipes, plant or other works, , break open a road, and any cellar or vault below any road, and any sewer, drain or tunnel in or under any such road, and may remove and use the soil or other materials in or under any such road:
Provided that it shall in the exercise of the powers conferred by this paragraph cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by arbitration.
Protection for railway companies, navigation authorities, tramway undertakers, etc.
2 (1) Except in cases of emergency arising from defects in existing pipes, plant or works, a private road under the control or management of, or maintainable by, a railway company or navigation authority shall not be broken open without their consent, but that consent shall not be unreasonably withheld, and any question whether or not consent is unreasonably withheld shall be referred to and determined by the Secretary of State.
(2) Where Scottish Water proposes to break open any length of road which forms a level-crossing belonging to persons not being a railway company or navigation authority and which is not under the control or management of a railway company or navigation authority, it shall give to those persons the like notice as is referred to in section 114 of the New Roads and Street Works Act 1991 and, if and in so far as the proposed work is likely to affect the structure of any bridge or other works belonging to those persons, shall carry out the work to the reasonable satisfaction of the engineer or other authorised officer acting on behalf of those persons in accordance with plans approved by him.
Any dispute arising under this sub-paragraph between Scottish Water and those persons shall be determined by arbitration.
(3) For the protection of persons entitled to the benefit of section 32 of the Tramways Act 1870 (which relates to the rights of authorities and companies, etc., to open roads) that section shall be construed as applying to operations authorised by the special Act, and in the said section as so applied any reference to a tramway shall be construed as including a reference to a trolley vehicle system.
(4) Nothing contained in this paragraph for the protection of owners of level-crossings shall affect the decision of any question which may arise as to the legality of the construction of, or the right to continue, any level-crossing.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
Provisions as to laying communication and supply pipes, etc.
Power to lay service pipes, etc.
4 (1) Scottish Water may in any road lay such service pipes with such stopcocks and other fittings as it deems necessary for supplying water to premises , and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a road whether by virtue of this section or otherwise:
Provided that before exercising any of the powers conferred by this paragraph, Scottish Water shall, except in cases of emergency arising from defects in any existing pipes, plant or works, give such notice, to —
where the road is a public road, the roads authority; and
in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the roadas would require to be given by an undertaker under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of works) in accordance with that section and with section 156 of that Act (service of notice).
(2) Where a service pipe has been lawfully laid in, on or over any land not forming part of a road, Scottish Water may from time to time enter upon that land and inspect, repair, alter, renew or remove the then existing pipe or lay a new pipe in substitution therefor, but shall pay compensation for any damage done by them.
Any dispute as to the amount of compensation to be paid under this sub-paragraph shall be determined by arbitration.
Laying of supply pipes, etc.
5 An owner or occupier of any premises who desires to have a supply of water for his domestic purposes from the waterworks of Scottish Water shall, subject as hereinafter provided, comply with the following requirements:
(a) he shall give to Scottish Water 14 days’ notice of his intention to lay the necessary supply pipe; and
(b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a road, the consent of the owners and occupiers thereof:
Provided that, where any part of the supply pipe is to be laid in a road, he shall not himself break open the road or lay that part of the pipe.
Laying of communication pipes, etc.
6 (1) Upon receipt of such a notice as is referred to in the last foregoing paragraph, Scottish Water shall, within 14 days after the person by whom the notice was given has laid a supply pipe in accordance with the provisions of the last foregoing paragraph, lay the necessary communication pipe and any part of the supply pipe which is to be laid in a road and shall connect the communication pipe with the supply pipe:
Provided that, where any part of the supply pipe is to be laid in a road, it may elect to lay a main in the road for such distance as it thinks fit in lieu of a supply pipe, and in that case shall lay a communication pipe from that main and connect it with the supply pipe.
(2) The whole, or such part as Scottish Water may think fit, of the expenses reasonably incurred by Scottish Water in executing the work which it is required or authorised by this paragraph to execute shall be repaid to it by the person by whom the notice was given and may be recovered by it from him:
Provided that, if under the provisions of this paragraph Scottish Water lays a main in lieu of part of a supply pipe, the additional cost incurred in laying a main instead of a supply pipe shall be borne by it .
(3) Notwithstanding anything in the foregoing provisions of this paragraph, where such a notice as aforesaid is given to Scottish Water, it may, within seven days after the receipt thereof, require the person giving the notice either to pay to it in advance the cost of the work, as estimated by its engineer, or to give security for payment thereof to its satisfaction, and, where it makes such a requirement, the period of 14 days referred to in sub-paragraph (1) of this paragraph shall not commence to run until the requirement has been complied with.
If any payment so made to Scottish Water exceeds the expenses which under the foregoing provisions of this paragraph it would be entitled to recover from the person giving the notice, the excess shall be repaid by it , and, if and so far as those expenses are not covered by the payment, it may recover the balance from him.
Power of authority to require separate service pipes.
7 (1) Subject to the provisions of this paragraph Scottish Water may require the provision of a separate service pipe for each house supplied, or to be supplied by it , with water.
(2) If, in the case of a house already supplied with water but not having a separate service pipe, Scottish Water gives notice to the owner of the house, requiring the provision of such a pipe, the owner shall within such period of not less than three months as the notice shall specify lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a road, and Scottish Water shall, within 14 days after he has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a road and make all necessary connections.
(3) If an owner upon whom a notice has been served under the last foregoing sub-paragraph fails to comply therewith, Scottish Water may itself execute the work which he was required to execute.
(4) The expenses reasonably incurred by Scottish Water in executing the work which it is required by sub-paragraph (2) to execute, or which it is empowered by the last foregoing sub-paragraph to execute, shall be repaid to it by the owner of the house and may be recovered by it from him, but without prejudice to the rights and obligations as between themselves, of the owner and occupier of the house.
(5) Where two or more houses are being supplied with water by a single service pipe, Scottish Water shall not require the provision of separate service pipes for those houses until —
(a) the existing supply pipe becomes so defective as to require renewal, or is no longer sufficient to meet the requirements of the houses; or
(b) the houses are, by structural alterations to one or more of them, converted into a larger number of houses. ; or
(c) the owner or occupier of any of the houses has interfered with, or allowed another person to interfere with, the existing service pipe or the stop-cock fixed to that pipe and has thereby caused the supply of water to any of the houses to be interfered with; or
(d) Scottish Water has reasonable grounds to believe that such interference as is mentioned in (c) above is likely to take place.
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions as to the position of stopcocks.
9 (1) On every service pipe laid after 16th May 1946 Scottish Water shall, and on every service pipe laid before that date Scottish Water may, fit a stopcock enclosed in a covered box, or pit, of such size as may be reasonably necessary.
(2) Every stopcock fitted on a service pipe after 16th May 1946 shall be placed in such position as Scottish Water deems most convenient:
Provided that—
(a) a stopcock in private premises shall be placed as near as is reasonably practicable to the road from which the service pipe enters those premises; and
(b) a stopcock in a road shall, after consultation with the roads authority concerned, be placed as near to the boundary thereof as is reasonably practicable.
SCHEDULE 4 Provisions to be incorporated in Orders relating to Water Undertakings
Part I Interpretation
Definitions, etc.
1 (1) In this Schedule the following expressions shall, unless the context otherwise requires, have the meanings hereby respectively assigned to them, that is to say:
“authorised” means authorised by the special Act;
“consumer” means a person supplied, or about to be supplied, with water by the undertakers;
“factory” means factory within the meaning of the Factories Act 1961;
“prescribed” means prescribed by the special Act;
“special Act” means the Act or Part of an Act, or order with which any provisions of this Schedule are incorporated, with or without modification, and includes those provisions as so incorporated;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“trunk main” means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir, or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk;
undertakers” means the persons whose water undertaking is authorised or regulated by the special Act.
(2) Other expressions in this Schedule have the respective meanings assigned to them in this Act.
(3) References in this Schedule to any enactment shall be construed as including references to that enactment as amended by any subsequent enactment including this Act.
Part II Works and Lands
Permissible limits of deviation.
2 In the construction of any authorised works the undertakers may deviate laterally to any extent not exceeding the limits of deviation shown on the plans submitted to the Secretary of State and, where on any road no such limits are shown, the boundaries of the road (including for this purpose any verge or roadside waste adjoining it) shall be deemed to be such limits, and they may also deviate vertically from the levels shown on the deposited sections to any extent:
Provided that—
(a) no embankment for a reservoir shall be constructed at a greater height above the general surface of the ground than that shown on the said plans and six feet in addition thereto; and
(b) except for the purpose of crossing a stream, canal, dyke, watercourse or railway, or of crossing any lands where the consent of all persons interested in those lands has been obtained, no pipe or other conduit or aqueduct shall be raised above the surface of the ground otherwise than in accordance with the said plans.
Limit on powers of undertakers to take water.
3 The undertakers shall not construct any works for taking or intercepting water (other than works for intercepting foul water) from any lands acquired by them, unless the works are authorised by, and the lands on which the works are to be constructed are specified in, the special Act or some other enactment.
General power to construct subsidiary works.
4 Subject to the provisions of the last foregoing section and to any other provisions of the special Act limiting the powers of the undertakers to abstract water, the undertakers, in addition to any works specifically authorised, may, in, on or over any land for the time being held by them in connection with their water undertaking construct, lay or erect for the purposes thereof or in connection therewith, and may maintain such reservoirs, sluices, tanks, cisterns, aqueducts, tunnels, culverts, mains, pipes, filters, engines, pumps, machinery, buildings and things for or in connection with the supply of water as they deem necessary:
Provided that any electrical works or apparatus constructed, laid or erected under this section shall be so constructed, laid or erected and so maintained and used, as to prevent interference with any electronic communications apparatus kept installed for the purposes of an electronic communications code network or with the service provided by any such network .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalty for obstructing construction of works.
6 Any person who wilfully obstructs a person engaged by or under authority of the undertakers in setting out the line or site of any authorised works, or knowingly pulls up any peg or stake driven into the ground for the purpose of setting out such line or site or knowingly defaces or destroys anything made or erected for that purpose, shall be liable to a fine not exceeding level 1 on the standard scale.
Power to acquire servitudes for underground work.
7 (1) Where the undertakers are authorised by the special Act to acquire any land compulsorily for the purpose of executing any underground works, they may, instead of purchasing the land, purchase only such servitudes and rights over or in the land as may be sufficient for the purpose, and the Lands Clauses Acts and the enactments relating to the compensation payable in respect of the compulsory acquisition of land shall apply accordingly subject to any exceptions and modifications with which those enactments are incorporated with the special Act and to any other necessary adaptations.
(2) The undertakers shall not be required or, except by agreement, be entitled to fence off or sever from adjoining lands any lands in respect of which they have acquired only servitudes or rights under the provisions of this section, and subject to those servitudes or rights and to any other restrictions imposed by the special Act, the owners or occupiers for the time being of those lands shall have the same rights of using and cultivating them as if that Act had not been passed.
Persons under disability may grant servitudes, etc.
8 Persons empowered by the Lands Clauses Acts to sell, convey and dispose of any lands may, subject to the provisions of those Acts and of the special Act, grant to the undertakers any servitude or right required for the purposes of the special Act over or in those lands, and the provisions of the Lands Clauses Acts with respect to lands and . . . rents or other annual or recurring payments shall, so far as applicable, apply in relation to such grants and to such servitudes and rights:
Provided that nothing in this section shall be construed as empowering persons to grant any servitude or right of water in which any other person has an interest, unless that other person concurs in the grant.
Extinction of private rights of way.
9 (1) Any private right of way over land which the undertakers are authorised to acquire compulsorily shall, if they so resolve and give notice of their resolution to the owner of the right, be extinguished as from the acquisition by them of the land, or as from the expiration of one month from the service of the notice, whichever may be the later.
(2) The undertakers shall pay compensation to all persons interested in respect of any such right so extinguished, and such compensation shall, in case of dispute, be settled in manner provided by the Lands Clauses Acts with respect to the taking of lands otherwise than by agreement.
Part III Compensation Water
Provisions as to compensation water.
10 (1) During the construction of any authorised impounding reservoir the undertakers may, subject as hereinafter provided, take from any stream to be impounded thereby such water as they may require:
Provided that before taking any water from the stream they shall, on an approved site, construct an approved gauge to gauge the flow of the stream, and, while the flow of water through or over the gauge is less than the prescribed flow, they shall not take any water.
(2) After the completion of the reservoir the undertakers shall, at an approved point within such limits as may be prescribed, discharge into the stream from, or from streams feeding, the reservoir during every day of 24 hours reckoned from midnight in a uniform and continuous flow a quantity of water not less than the prescribed quantity, and, for the purpose of gauging such discharge, they shall construct and maintain in good order approved gauges on approved sites.
(3) If the undertakers—
(a) fail to construct or maintain in good order any such gauge as aforesaid, or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or
(b) take any water from the stream contrary to the provisions of subsection (1) of this section, or fail to comply with the requirements of subsection (2) of this section with respect to the discharge of water into the stream,
they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, on summary conviction to a fine not exceeding level 3 on the standard scale, and in the case of an offence under paragraph (b) of this subsection—
(i) on summary conviction, to a fine not exceeding the statutory maximum ; and
(ii) on conviction on indictment, to a fine .
(4) In this section, the expression “gauge” includes a gauge weir or other apparatus for measuring the flow of water, and the expression “approved” means approved by the Secretary of State; and for the purposes of this section a fishery district board and a navigation authority shall be deemed to be interested in the flow of water in, and the discharge of water into, any stream within their fishery district or, as the case may be, any part of their system of navigation or any stream feeding such a stream or any part of that system, and shall be deemed to be aggrieved by the commission of an offence under this section in relation to any such stream.
(5) The foregoing provisions of this section shall be deemed to have been accepted by all persons interested as providing full compensation for all water impounded by the authorised works, except in respect of any land between the foot of the embankment of the reservoir and the point of discharge approved for the purposes of subsection (2) of this section.
Part IV Minerals Underlying Waterworks
Undertakers not entitled to underlying minerals unless expressly purchased.
11 When the undertakers purchase any land, they shall become entitled to such parts of any mines of coals, ironstone, slate or other minerals under that land as it may be necessary for them to dig, carry away or use in the construction of any waterworks authorised by the special Act, but, save as aforesaid, they shall not by virtue only of their purchase of the land become entitled to any such mines or minerals which shall, save as aforesaid, be deemed to be excepted from the conveyance of the land unless expressly mentioned therein as conveyed thereby.
Map of underground works to be prepared and kept up to date.
12 (1) The undertakers shall, within six months after the first occasion on which any pipes or other conduits or underground works are laid or constructed by them after this section is incorporated with their enactments, cause the course and situation of all existing pipes or other conduits for the collection, passage or distribution of water and underground works belonging to them to be marked on a map (drawn on a scale of not less than six inches to one mile), and shall, from time to time within six months after the making of any alterations or additions, cause the said map to be so corrected as to show the course and situation of all such pipes and conduits and underground works for the time being belonging to them, and the map or a copy thereof bearing the date of its preparation and of the last occasion on which it was corrected shall be kept at the office of the undertakers.
In this subsection the expression “pipes” does not include service pipes.
(2) The said map shall at all reasonable hours be open to inspection by any person interested free of charge.
Mines lying near the works not to be worked without notice to undertakers.
13 Subject to any agreement to the contrary, if the owner, lessee or occupier of any mines of coal, ironstone, slate or other minerals lying under the reservoirs or buildings of the undertakers or any of their pipes or other conduits or underground works shown on the map referred to in the last foregoing section, or lying within the prescribed distance therefrom, or, if no distance be prescribed, within 40 yards therefrom, desires to work the said mines or minerals, he shall give to the undertakers 30 days’ notice of his intention so to do.
If undertakers unwilling to pay compensation, mines may be worked in usual manner.
14 (1) Upon receipt of such a notice as aforesaid, the undertakers may cause the said mines or minerals to be inspected by any person appointed by them for the purpose, and if it appears to them that the working thereof is likely to damage any of their reservoirs or buildings or pipes or other conduits or underground works shown on the said map, and if they are willing to pay compensation for the mines or minerals to the owner, lessee or occupier thereof, then he shall not work them, and the amount of the compensation to be paid shall, in case of dispute, be determined by the Lands Tribunal for Scotland.
(2) If the undertakers have not, before the expiration of the said 30 days, stated their willingness to treat with the owner, lessee or occupier for the payment of compensation, it shall be lawful for him to work the said mines and minerals and to drain them by means of pumps or otherwise as if the special Act had not been passed, so however that no wilful damage be done to any of the said property or works of the undertakers and that the mines and minerals be not worked in an unusual manner.
(3) Any damage or obstruction occasioned to any of the said property or works of the undertakers by the working of such mines or minerals in an unusual manner shall be forthwith repaired or removed and the damage made good by the owner, lessee or occupier of the mines or minerals, and if such repair or removal be not effected forthwith, or if the undertakers deem it necessary to take action without waiting for the work to be done by the owner, lessee or occupier, the undertakers may execute the work and recover from the owner, lessee or occupier the expenses reasonably incurred by them in so doing.
Power to make mining communication where continuous working is prevented.
15 If the working of any such mines or minerals as aforesaid lying under the reservoirs or buildings of the undertakers or any of their pipes or other conduits or underground works shown on the map referred to in section 12 of this Schedule or lying within the abovementioned distance therefrom mentioned in section 13 of this Schedule, be prevented as aforesaid by reason of apprehended injury thereto, the respective owners, lessees and occupiers of the mines or minerals may cut and make such and so many airways, headways, gateways or water levels through the mines, measures or strata the working whereof is so prevented as may be requisite to enable them to ventilate, drain and work any mines or minerals on each or either side thereof, but no such airway, headway, gateway, or water level shall be of greater dimensions or sections than the prescribed dimensions or sections, or, if no dimensions are prescribed eight feet wide and eight feet high, nor be cut or made upon any part of the said property or works of the undertakers so as to cause injury thereto.
Undertakers to pay compensation for expenses incurred by reason of severance.
16 (1) Subject to any agreement to the contrary, the undertakers shall from time to time pay compensation to the owner, lessee or occupier of any mines of coal, slate, ironstone and other minerals lying on both sides of any reservoir, building, pipe or other conduit or other works of the undertakers for any loss and additional expense incurred by him by reason of the severance of the lands above such mines or minerals by the reservoir or other works, or by reason of the continuous working of such mines or minerals being interrupted as aforesaid, or by reason of their being worked under the restrictions imposed by the special Act, and also for any such mines or minerals not purchased by the undertakers as cannot be worked or won by reason of the making and continuance of the said works, or by reason of such apprehended injury from the working thereof as aforesaid.
(2) The amount of any such compensation shall, in case of dispute, be determined by the Lands Tribunal for Scotland.
Undertakers may enter and inspect the working of mines.
17 For the purpose of ascertaining whether any such mines or minerals as aforesaid are being, have been or are about to be, worked so as to damage any of their said works, any authorised officer of the undertakers, after giving 24 hours’ notice and on producing, if so required, some duly authenticated document showing his authority, may enter upon any lands in, on or near which the works are situate and under which they know or suspect that any such mines are being, have been or are about to be, worked, and may enter any such mines and the works connected therewith, using for his entry, inspection and return any apparatus or machinery belonging to the owner, lessee or occupier of the mines, and may use all necessary means for discovering the distance from the said works to the parts of the mines which are being, have been, or are about to be, worked.
Undertakers not exempted from liability for injury to mines.
18 Nothing in the special Act shall exempt the undertakers from liability to any action or other legal proceeding to which they would have been liable in respect of any damage or injury done or occasioned to any mines by means, or in consequence, of their waterworks, if those works had been constructed or maintained otherwise than by virtue of the special Act.
Part V Supply of water for public purposes
Undertakers to fix and maintain fire hydrants on pipes.
19 The undertakers shall, at the request of the Scottish Fire and Rescue Service concerned, fix fire hydrants on their mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out within the limits of supply, and shall keep in good order and from time to time renew every such hydrant.
Undertakers to deposit keys of hydrants at certain places.
20 As soon as any such hydrant is complete, the undertakers shall, if required by the Scottish Fire and Rescue Service, deposit a key thereof at each place within the limits of supply where any public fire engine is kept, and in such other places as may be appointed by the Scottish Fire and Rescue Service.
Cost of hydrants.
21 The cost of such hydrants as aforesaid and of fixing, maintaining and renewing them, and of providing such keys as aforesaid shall be defrayed by the Scottish Fire and Rescue Service.
21A The Scottish Ministers may by regulations make provision as to—
(a) the persons (other than Scottish Water) from whom; or
(b) the circumstances in which,
the Scottish Fire and Rescue Service may recover costs defrayed under section 21 of this Schedule.
Hydrants to be placed near factories, etc., at request of owners or occupiers.
22 The undertakers shall, at the request and expense of the owner or occupier of any factory or place of business situated in, or near to, a road in which a pipe of the undertakers is laid (not being a trunk main, and being of sufficient dimensions to carry a hydrant) fix on the pipe and keep in good order and from time to time renew one or more fire hydrants, to be used only for extinguishing fires, as near as conveniently may be to that factory or place of business, and shall also at his expense comply as respects each such hydrant with the requirements of section 20 of this Schedule.
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supply of water for cleansing sewers, etc., and for other public purposes.
24 (1) In every pipe on which a hydrant is fixed the undertakers shall provide a supply of water for cleansing sewers and drains, for cleansing and watering roads and for supplying any public pumps, baths or washhouses.
(2) A supply of water for the said purposes shall be provided at such rates, in such quantities and upon such terms and conditions as may be agreed between the local authority concerned and the undertakers or, in relation to roads for which the Secretary of State is roads authority, between the Secretary of State and the undertakers.
Part VI Constancy and pressure of supply
Duty of undertakers as respects constant supply and pressure.
25 Subject as hereinafter provided, the undertakers shall cause the water in all pipes on which hydrants are fixed, or which are used for giving supplies for domestic purposes, to be laid on constantly and at such a pressure as will cause the water to reach to the topmost storey of every building within the limits of supply:
Provided that—
(a) nothing in this section shall require them to deliver water at a height greater than that to which it will flow by gravitation through their existing mains from the service reservoir or tank from which the supply in question is taken;
(b) they may in their discretion determine the service reservoir or tank from which any supply is to be taken; and
(c) the provisions of this section shall not apply if the undertakers are prevented from complying therewith by reason of frost, drought, unavoidable accident, or other unavoidable cause, or during the execution of necessary works.
Part VII Provisions as to Waste and as to Meters
Power to require provision of cisterns in certain cases.
26 (1) The undertakers may require that—
(a) any building the supply of water to which need not under the special Act be constantly laid on under pressure, and
(b) any house the erection of which was not commenced before 16th May 1946 and to which water is required to be delivered at a height greater than 35 feet below the draw-off level of the service reservoir from which a supply of water is being or is to be furnished by them,
shall be provided with a cistern having a ball-tap and stopcock fitted on the pipe conveying water to it and, in the case of such a house as is mentioned in paragraph (b) of this subsection, may require that the cistern shall be capable of holding sufficient water to provide an adequate supply to the house for a period of 24 hours.
(2) Where, in the case of any house—
(a) the erection of which was begun on or after the 16th May 1968, or
(b) to which a supply of piped water was given for the first time on or after that date, or
(c) in which water fittings likely to lead, in the opinion of the undertakers, to an increase in the consumption of water were installed after that date,
the undertakers consider that, in order to provide for an adequate supply of water throughout any 24-hour period, a cistern requires to be fitted, they shall serve a notice on the owner of the house requiring that the house shall be provided with a cistern capable of providing an adequate supply of water as aforesaid to that house, and that a ball-tap and stopcock shall be fitted on the pipe conveying water to it; and that notice shall include an intimation that any person aggrieved by the notice may, within 28 days of the service thereof, appeal against it to the Secretary of State; and, where such an appeal is made, the Secretary of State shall give such directions in the matter as may seem to him proper; and, subject to any such directions, the next following subsection shall have effect in relation to this subsection:
Provided that the undertakers shall not exercise any power conferred on them by that subsection until the determination by the Secretary of State of any appeal under this subsection.
(3) If the owner of the building or house whom the undertakers have in accordance with the foregoing provisions required to provide a cistern fails to comply with the requirement, or if any cistern in use in the building or house or the ball-tap and stopcock pertaining to that cistern are not kept in good repair, the undertakers may themselves provide a cistern or execute any repairs necessary to prevent waste of water, and may recover the expenses reasonably incurred by them in so doing as a civil debt from the owner of the building or house, but without predudice to the rights and obligations, as between themselves, of the owner and the occupier.
Power to test water fittings.
27 The undertakers may test any water fittings used in connection with water supplied by them.
Power to enter premises to detect waste or misuse of water.
28 An authorised officer of the undertakers may, between the hours of eight in the forenoon and eight in the afternoon, on producing, if required, evidence of his authority, enter any premises supplied with water by the undertakers in order to ascertain if there be any waste or misuse of such water, and, if, after production of his authority, he is refused admittance to the premises or is obstructed in making his examination, the person refusing him admittance or so obstructing him shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to repair supply pipes.
29 (1) If the undertakers have reason to think that some injury to or defect in a pipe which they are not under obligation to maintain is causing, or is likely to cause, waste of water or injury to person or property, they may execute such work as they think necessary or expedient in the circumstances of the case without being requested so to do, and, if any injury to or defect in the pipe is discovered, the expenses reasonably incurred by the undertakers in discovering it and in executing repairs shall be recoverable by them as a civil debt from the owner of the premises supplied, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.
(2) Where several houses in the ownership of different persons are supplied with water by one common supply pipe, the amount of any such expenses as aforesaid reasonably incurred from time to time by the undertakers in the maintenance and repair of that pipe may be recovered by them from those owners in such proportions as, in case of dispute, may be settled by arbitration.
Penalty for waste, etc., of water by non-repair of pipes, etc.
30 (1) If any person wilfully or negligently causes or suffers any water fitting which he is liable to maintain to—
(a) be or remain so out of order, or so in need of repair; or
(b) be or remain so constructed or adapted, or be so used,
that the water supplied by the undertakers is, or is likely to be, wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging to, or connected with a pipe belonging to, the undertakers, he shall be liable to a fine not exceeding level 3 on the standard scale.
(2) If any water fitting is in such a condition, or so constructed or adapted, or so used, as aforesaid, the undertakers, whether proceedings have or have not been taken in respect of the offence, may require the owner or the occupier of the premises to carry out repairs or alterations or to substitute another type of fitting, as they may reasonably consider necessary, and, if he fails to do so within 48 hours, may themselves carry out the work and recover from him as a civil debt 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.
Penalty for misuse of water.
31 (1) An owner or occupier of premises supplied with water by the undertakers who without their consent supplies any of that water to another person for use in other premises, or wilfully permits another person to take any of that water for use in other premises, shall be liable to a fine not exceeding level 1 on the standard scale, unless that other person requires the water for the purpose of extinguishing a fire, or is a person supplied with water by the undertakers but temporarily unable, through no default of his own to obtain water.
(2) If a person wrongfully takes, uses or diverts water from a reservoir, watercourse, conduit, pipe or other apparatus belonging to the undertakers, or from a pipe leading to or from any such reservoir, watercourse, conduit, pipe or other apparatus, or from a cistern or other receptacle containing water belonging to the undertakers or supplied by them for the use of a consumer of water from them, he shall be liable to a fine not exceeding level 1 on the standard scale.
(3) Any person who, having from the undertakers a supply of water otherwise than by meter, uses any water so supplied to him for a purpose not being a purpose for which he is entitled to use it shall be liable to a fine not exceeding level 1 on the standard scale, without prejudice to the right of the undertakers to recover from him the value of the water misused.
Penalty for injuring water fittings, etc., or for fraudulent use of water.
32 (1) If any person wilfully or negligently injures, or suffers to be injured, any water fitting belonging to the undertakers, or fraudulently alters the index of any meter used by them for measuring the water supplied by them, or prevents any such meter from registering correctly the quantity of water supplied, or fraudulently abstracts or uses water of the undertakers, he shall, without prejudice to any right or remedy competent to the undertakers in the matter, be liable to a fine not exceeding level 1 on the standard scale, and the undertakers may do all such work as is necessary for repairing any injury done, or for securing the proper working of the meter, and may recover the expenses seasonably incurred by them so doing from the offender.
(2) For the purpose of this section, if it is proved that a consumer has altered the index of a meter, it shall rest upon him to prove that he did not alter it fraudulently, and the existence of any artificial means under the control of a consumer for preventing a meter from registering correctly or for enabling him fraudulently to abstract or use water, shall be evidence that he has fraudulently prevented the meter from registering correctly, or, as the case may be, has fraudulently abstracted or used water.
Penalty for interference with valves and apparatus.
33 If any person either—
(a) wilfully and without the consent of the undertakers, or
(b) negligently,
turns on, opens, closes, shuts off or otherwise interferes with any valve, cock or other work or apparatus belonging to the undertakers and thereby causes the supply of water to be interfered with, he shall be liable to a fine not exceeding level 3 on the standard scale and, whether proceedings have been taken in respect of his offence or not, the undertakers may recover from him the amount of any damage sustained by them:
Provided that this section shall not apply to a consumer closing the stopcock fixed on the service pipe supplying his premises, so long as he has obtained the consent of any other consumer whose supply will be affected thereby.
Penalty for extension or alteration of pipes, etc.
34 (1) Any person who without the consent of the undertakers attaches any pipe or apparatus to a pipe belonging to the undertakers, or to a supply pipe, or makes any alteration in a supply pipe or in any apparatus attached to a supply pipe, shall be liable to a fine not exceeding level 1 on the standard scale, and any person who uses any pipe or apparatus which has been so attached or altered shall be liable to the same penalty, unless he proves that he did not know and had no grounds for suspecting that it had been so attached or altered.
(2) When an offence under this section has been committed, then, whether proceedings have been taken in respect of his offence or not, the undertakers may recover from the offender the amount of any damage sustained by them and the value of any water wasted, misused or improperly consumed.
Meters to be connected, or disconnected by undertakers.
35 (1) A person who has not obtained the consent of the undertakers shall not connect or disconnect any meter by means of which water supplied by the undertakers is intended to be, or has been, measured for the purposes of the payment to be made to them, but, if he requires such a meter to be connected or disconnected, shall give to the undertakers not less than 24 hours’ notice of his requirements and of the time when the work can be commenced, and thereupon the undertakers shall carry out the necessary work and may recover from him the expenses reasonably incurred by them in so doing.
(2) A person who contravenes any of the provisions of this section and undertakers who fail to carry out with all reasonable despatch any such work as aforesaid, shall be liable to a fine not exceeding level 1 on the standard scale.
Meters, etc., to measure water or detect waste.
36 Subject to the provisions of the special Act with respect to the breaking open of roads, the undertakers may, for the purpose of measuring the quantity of water supplied, or preventing and detecting waste, affix and maintain meters and other apparatus on their mains and service pipes, and may insert in any road, but as near as is reasonably practicable to the boundary thereof, the necessary covers or boxes for giving access and protection thereto, and may for that purpose temporarily obstruct, break open, and interfere with roads, tramways, sewers, pipes, wires and apparatus:
Provided that the undertakers shall not under the powers of this section interfere with—
(a) any electronic communications apparatus kept installed for the purposes of an electronic communications code network , except in accordance with, and subject to the provisions of, the electronic communications code ; or
(b) any works or apparatus of any public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or participate in the transmission of electricity., except in accordance with the provisions of the code in Part II of the Public Utilities Street Works Act 1950Part IV of the New Roads and Street Works Act 1991; or
(c) any pipes or apparatus of any public gas transporter (within the meaning of Part I of the Gas Act 1986), except under the supervision (if given) of an authorised officer of such public gas transporter and in accordance with plans approved by them or by such officer or in case of any difference as determined by the sheriff.
Part VIII Pollution of water by manufacture of gas, etc.
Provisions as to pollution by liquids resulting from manufacture of gas, etc.
37 Any person engaged in the manufacture or supply of gas, whether under statutory authority or not, or in any of the manufactures or trades mentioned in this subsection who—
(a) causes or suffers any washing or other liquid produced in, or resulting from, the manufacture or supply of gas, or the treatment of any residual products of the manufacture of gas, or any product, washing or other substance produced in the manufacture of naphtha, vitriol, paraffin, dye stuffs or other deleterious substance or in any trade in which the refuse produced in any such manufacture is used, to run or be conducted—
(i) into, or into any drain communicating with, any stream, reservoir, aqueduct or other waterworks belonging to the undertakers; or
(ii) into any depression in the ground or excavation in such proximity to any spring, well or adit belonging to the undertakers that contamination of water there is reasonably probable; or
(b) wilfully does any other act connected with the manufacture or supply of gas or the treatment of any such residual products as aforesaid, or connected with any of the other manufactures or trades specified as aforesaid whereby any water of the undertakers is fouled,
shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum and to a further fine not exceeding £25 for each day during which his offence continues after conviction therefor; or
(b) on conviction on indictment to imprisonment for a period not exceeding three months or to a fine and to a further fine for each such day as aforesaid.
Provision as to pollution by gas.
38 If water belonging to the undertakers is fouled by gas belonging to any person manufacturing or supplying gas, he shall be liable to a fine not exceeding level 2 on the standard scale, and to a further fine not exceeding £25 for each day during which his offence continues after conviction therefor.
Power to examine pipes and other works to ascertain source of pollution.
39 (1) For the purpose of ascertaining whether water belonging to them is being fouled by gas or otherwise, the undertakers may open the ground, and examine any pipes or other works from which they have reason to suspect that their water is being fouled:
Provided that, before proceeding so to do, they shall give 24 hours’ notice of the time at which the examination is intended to take place both to the owners of the pipes or other works and also —
(a) where the ground is, or comprehends, part of—
(i) a public road, to the roads authority; or
(ii) any other road, to the person responsible for the maintenance of that road, or, if no authority or person is so responsible, to the owners of the solum of that part; and
(b) where or in so far as the ground is not mentioned in head (a) above, to the person having the control or management of the ground;
and the undertakers shall be subject to the like obligations and liable to the same penalties in relation to reinstatement, maintenance and other matters as those to which they are subject and liable when breaking open roads for the purpose of laying water pipes.
(2) If, upon such examination as aforesaid, it appears that water of the undertakers has been fouled by gas or otherwise from pipes or other works, the undertakers may recover from the owner of such pipes or other works the expenses reasonably incurred by them in connection with the examination and the repair of the road or place disturbed in the examination, but otherwise the undertakers shall pay all expenses of the examination and repair, and shall also make good to the said owner any injury which may be occasioned to his pipes or other works by the examination.
The amount of the expenses of any such examination and repair, and of any injury so occasioned, shall in case of dispute be determined by arbitration.
Part IX General and Miscellaneous
Notice of discontinuance.
40 A consumer who wishes the supply of water to his premises to be discontinued shall give not less than 48 hours’ notice to the undertakers.
Duty of undertakers to give notice of certain works.
41 The undertakers before commencing to execute repairs or other work which will cause any material interference with the supply of water shall, except in a case of emergency, give to all consumers likely to be affected such notice as is reasonably practicable and shall complete the work with all reasonable dispatch.
Penalty for obstucting execution of special Act.
42 A person who wilfully obstructs any person acting in the execution of the special Act or of any byelaw or warrant made or issued thereunder shall be liable to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £25 for each day on which the offence continues after conviction therefor.
Proceedings for offences.
43 (1) Save as otherwise expressly provided, all offences and fines under the special Act or any byelaws made thereunder may be prosecuted and recovered under the Criminal Procedure (Scotland) Act 1975 but all such offences shall be triable only summarily.
(2) Any offence under the special Act or under any byelaws made thereunder (other than an offence in respect of which, if it is continued, a further penalty may be imposed) for which the maximum penalty that may be imposed does not exceed level 1 on the standard scale may be prosecuted in any court of summary jurisdiction within the meaning of the Criminal Procedure (Scotland) Act 1975, having jurisdiction in the place where the offence was committed.
(3) For the avoidance of doubt it is declared that conduct in respect of which a person is made liable to a fine by or under the provisions of this Schedule is an offence.
Liability of undertakers to pay compensation.
44 In any case where no express provision with respect to compensation is made by the special Act, the undertakers shall pay to the owners and occupiers of, and all other persons interested in, any lands or streams taken or used for the purposes of that Act, or injuriously affected by the construction or maintenance of the works thereby authorised or otherwise by the execution of the powers thereby conferred, compensation for the value of the lands or streams so taken or used and for all damage sustained by those owners, occupiers and other persons by reason of the exercise as to those lands and streams of the powers conferred on the undertakers by the special Act or any Act incorporated therewith.
The amount of such compensation shall, in case of dispute, be settled in manner provided by the Lands Clauses Acts with reference to the taking of lands otherwise than by agreement.
Protection for works of navigation authorities and for railways.
45 (1) Subject to the provisions of this section and to any provisions of the special Act empowering the undertakers to execute works specified therein, nothing in the special Act shall authorise the undertakers without the consent of the navigation authority concerned—
(a) to interfere with any river, canal, dock, harbour, basin, lock or reservoir so as injuriously to affect navigation thereon or the use thereof or the access thereto, or to interfere with any towing path so as to interrupt the traffic thereon;
(b) to interfere with any bridge crossing any river, canal, dock, harbour or basin;
(c) to execute any works in, across or under any dock, harbour, basin, wharf, quay or lock, or any land which belongs to a navigation authority and is held or used by them for the purposes of their undertaking;
(d) to execute any works which will interfere with the improvement of or the access to any river, canal, dock, harbour, basin, lock, reservoir, or towing path or with any works pertaining thereto or any land necessary for the enjoyment or improvement thereof;
or, without the consent of the railway company concerned, to execute any works along, across or under any railway of a railway company:
Provided that consent under this section shall not be unreasonably withheld, and any question as to whether or not consent is unreasonably withheld shall be determined by arbitration.
(2) Upon an arbitration under this section, the arbiter shall determine—
(i) whether any works which the undertakers propose to execute are such works as under the last foregoing sub-section they are not entitled to execute without consent; and
(ii) if they are such works, whether the injury, if any, to the navigation authority or railway company will be of such a nature as to admit of being fully compensated by money; and
(iii) if the works are of such a nature, the conditions including conditions of a financial character with respect to the payment of compensation, future liabilities and otherwise, subject to which—
(a) the navigation authority or railway company shall, if they so elect, carry out the works on behalf of the undertakers; or
(b) in default of such election, the undertakers may themselves carry out the works.
If the arbiter should determine that the proposed works are such works as the undertakers are not entitled to execute without consent and that the works would cause injury to the navigation authority or railway company of such a nature as not to admit of being fully compensated by money, the undertakers shall not proceed to execute the works, but in any other case they may execute the works, subject to compliance with such conditions, including the payment of such compensation, as the arbiter may have determined.
(3) For the purposes of this section, a navigation authority shall be deemed to be concerned with any river, canal, dock, harbour, basin, lock, reservoir, towing path, wharf, quay or land if it belongs to them and forms part of their undertaking or if they have statutory rights of navigating on or using it or of demanding tolls or dues in respect of navigation thereon or the use thereof.
(4) Nothing in this section shall be construed as limiting the powers of the undertakers under the special Act in respect of the opening and breaking up of streets and bridges.
Copies of special Act to be deposited.
46 The undertakers shall, at all times after the expiration of six months from the date on which the special Act was passed or made, keep at their principal office a copy thereof printed by the Queen’s printer, or the Queen’s Printer for Scotland and shall also within the said six months deposit such a copy with the sheriff clerk of every sheriff court district and with the local authority for every area within which they supply, or propose to supply, water or have or propose to construct any waterworks.
1 Before making an order under section 4 or 82 the Secretary of State shall prepare a draft order, and shall cause a notice to be published in the Edinburgh Gazette and in such other manner as he thinks best for the purpose of the informing of persons affected by the order—
(a) stating the general effect of the order;
(b) specifying the places where copies of the draft order, and any map relating thereto, may be inspected by any person free of charge at all reasonable times during a period of not less than 28 days beginning with the date on which the notice is published as aforesaid; and
(c) stating that any person affected by the order may within that period, by notice in writing to the Secretary of State, object to the making of the order.
2 The Secretary of State shall cause a copy of a notice published in pursuance of the foregoing paragraph to be served on every water authority and board which he has consulted in pursuance of section 100(2).
3 If no objection is duly made under paragraph 1 or if all objections so made are withdrawn, the Secretary of State may proceed to make the order either in the form of the draft order or, subject to paragraph 5, as amended by him.
4 If any objection duly made as aforesaid is not withdrawn, and the Secretary of State does not sustain the objection, the order shall not be made unless approved by a resolution of each House of Parliament.
5 The Secretary of State shall not make an amendment order unless an amended draft order has been prepared by him and the provisions of paragraphs 1 to 4 shall apply to the amended draft order as they apply to a draft order.
Corporate status of boards
1 A board shall be a body corporate with perpetual succession and a common seal.
Terms of office of members of boards
2 (1) The first members of a board shall come into office on the day on which the board comes into existence, or, in the case of such a member for any reason appointed after that day, on the day on which the appointment is made.
(2) Any other member shall come into office on the day following that on which the member he replaces vacates office, or, in the case of such a member for any reason appointed after that day, on the day on which the appointment is made.
(3) Subject to the following provisions of this Schedule, a member shall vacate office at the end of June in the year in which the election of members of regional councils next take place:
Provided that the Central Board shall be reconstituted on 1st July 1982 and thereafter quadriennially.
(4) Where the constitution of a board is varied by order any members who are required by or under the order to vacate their office shall do so notwithstanding the foregoing provisions of this paragraph.
Vacation of office by members of boards
3 A member of a board may resign his office at any time by notice in writing signed by him and delivered to the proper officer of the board and the resignation shall take effect on such date as may be stated in the notice, or, if no date is so stated, three weeks after the delivery of the notice.
4 A member of a board shall vacate his office if he—
(a) ceases to be a member of the constituent water authority from which he was appointed in pursuance of section 84, or
(b) has, for a period of 12 consecutive months, been absent from meetings of the board, otherwise than by reason of illness or some other cause approved during that period by the board;
Provided that for the purposes of head (b) of this paragraph, the attendance of a member at a meeting of any committee of the board shall be treated as attendence at a meeting of the board.
Appointments to fill casual vacancies
5 Where, for any reason whatsoever, the place of a member of a board becomes vacant before the end of his term of office, the vacancy shall be filled by the appointment of a new member by the constituent water authority by whom the vacating member was appointed.
Disqualification for, and re-appointment to, membership of boards
6 (1) Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a board if he is a paid officer or servant of the board.
(2) For the purposes of the foregoing sub-paragraph, a person shall not be regarded as a paid officer or servant of a board by reason only that expenses incurred by him in the performance of his duties are defrayed by the board.
7 Subject to the provisions of this Act, a vacating member of a board shall be eligible for re-appointment.
First meetings of boards
8 The first meeting of a board shall be held on such day, and at such time and place, and shall be convened by such person as may be determined by the Secretary of State.
Chairman
9 The chairman of a board shall be elected by the board from the members of the board.
10 The election of the chairman shall be the first business transacted at the first meeting of the board and, thereafter, at the first meeting of the board held after each reconstitution of the board, and at any such meeting until the chairman is elected the person by whom under paragraph 8 the meeting was convened, or the proper officer of the board, as the case may be, shall preside.
Appointment of committees
11 (1) A board may appoint from their number such committees for any such purpose as the board consider necessary or desirable.
(2) A board may delegate to a committee appointed under this paragraph, with or without restrictions or conditions, as they think fit, any of the functions of the board.
Members of committees
12 The number of members of a committee appointed under this Schedule, and the terms of office of the members thereof, shall be fixed by the board.
Proceedings of boards and committees
13 The proceedings of a board, or of any committee appointed under this Schedule, shall not be invalidated by any vacancy in their number or by any defect in the appointment, or the qualification for appointment, of any person as a member, or as chairman or vice-chairman, of the board or committee.
14 (1) A board may make standing orders with respect to—
(a) the proceedings and conduct (including quorum, place of meeting and notices to be given of meetings) of the board or any committee appointed by the board under this Schedule; and
(b) subject to paragraphs 9 and 10, the appointment of a chairman and a vice-chairman of the board or any such committee.
(2) Subject to standing orders made under this paragraph, the proceedings of any committee appointed under this Schedule shall be such as the committee may determine.
15 At any meeting of a board or of a committee appointed under this Schedule, each member shall have one vote:
Provided that in the event of an equality of votes—
(a) as to the appointment of the chairman of a board, the matter shall be decided by lot, and
(b) in regard to any other matter, the chairman or other member presiding at the meeting shall have a casting vote as well as a deliberative vote.
16 The provisions of sections 38 to 42 of the Local Government (Scotland) Act 1973 (restrictions on voting) shall apply in relation to members of a board, or of any committee appointed under this Schedule, as those provisions apply in relation to members of local authorities, as if, for the references therein to the local authority, there were substituted references to the board.
17 (1) Subject to the next following sub-paragraph, the minutes of proceedings of meetings of a board shall be open to the inspection of any local government elector in any part of the board’s area on payment of a fee not exceeding five pence, and any such local government elector may make a copy of, or extracts from, any such minutes.
(2) The foregoing sub-paragraph does not apply to any part of such minutes which contains information with respect to any manufacturing process or trade secret obtained in the exercise of powers under this Act.
Authentication of documents
18 The provisions of section 194 of the Local Government (Scotland) Act 1973 (execution of deeds by local authority and use of seal) shall apply to a board as those provisions apply to a council as if for references therein to a council there were substituted references to the board.
19 (1) Any notice or other document which a board are required or authorised to give, make or issue by or under this Act or any other enactment may be signed on behalf of the board by the proper officer of the board or by any other officer authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document and may be withdrawn by notice similarly authenticated, and any document purporting to bear the signature of the proper officer of the board, or of a person expressed to be duly authorised by them to sign such a document, or that particular document, shall be deemed, until the contrary is proved, to be duly given, made or issued by authority of the board.
(2) In this paragraph the expression “signature” includes a facsimile of a signature by whatever process reproduced.
(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing sub-paragraphs, that sub-paragraph shall not apply in relation to that document or class of documents.
Officers and servants
20 A board shall appoint such officers and servants as the board think fit and may pay the officer and servants appointed by them such reasonable remuneration as they may determine.
21 The provisions of sections 66 (security to be taken in relation to officers), 67 (members of local authorities not to be appointed as officers) and 68 (disclosure by officers of interest in contracts) of the Local Government (Scotland) Act 1973 shall apply in relation to officers of a board and other persons as those provisions apply in relation to officers of a local authority and other persons, as if for any reference therein to the local authority there were substituted a reference to the board.
Expenses, subscriptions and contributions
22 A board may defray—
(a) any expenses incurred in the reception and entertainment by way of official courtesy of—
(i) distinguished persons residing in the area of the board, or visiting that area or any works outside the area operated by the board, or
(ii) persons representative of, or connected with, other boards or similar services, whether inside or outside the United Kingdom,
or in the supply of information to any such persons;
(b) any reasonable expenses incurred in connection with ceremonies connected with the performance by the board of any of their functions.
23 A board may pay reasonable subscriptions, whether annually or otherwise, or contributions to the funds—
(a) of any association formed for the purpose of consultation as to the common interests of boards and the discussion of matters connected with the performance of functions of boards or similar services;
(b) of associations of officers of boards or similar services, being associations formed for the purpose mentioned in the foregoing sub-paragraph,
and may make reasonable contributions for furthering research in matters with which boards and their officers are concerned.
General
24 The following provisions of the Local Government (Scotland) Act 1973 shall apply to a board for the purposes of this Act as those provisions apply to a local authority for the purposes of that Act—
(a) section 81 (contracts of local authorities),
(b) section 189(2) (legal proceedings),
(c) section 190 (service of legal proceedings, notices, etc.),
(d) section 191 (claims in sequestrations and liquidations),
(e) section 192 (service of notices),
(f) section 196 (misnomers),
(g) section 208(1) (provisions as to Sundays, etc),
(h) paragraph 7(1) of Schedule 7 (minutes of proceedings receivable in evidence).
25 In this Schedule “board” means a water development board, and “area” means the area of such a board; and “proper officer” in relation to any purpose and any board, means an officer appointed for that purpose by that board.
Section 108.
1 In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under that provision.
2 Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.
3 Any reference in any enactment or document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as a reference to the corresponding enactment in this Act.
4 (1) Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.
(2) Where an offence, for the continuance of which a penalty may be provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the same manner as if the offence had been committed under the corresponding provision of this Act.
Section 112.
Part I General
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Specific Enactments.
Fire Services Act 1947 (c. 41.)
In section 36(2), for the words “local authority”, “1946” and “Fourth Schedule” there shall be substituted respectively the words “ water authority ”, “ 1980 ” and “ Schedule 4 ”.
Requisitioned Land and War Works Act 1948 (c. 17)
In section 18(3)(c), for the words “section 70”, “Third Schedule” and “1946” there shall be substituted respectively the words “ sections 95 and 96 ”, “ Schedule 3 ” and “ 1980 ”.
Prevention of Damage by Pests Act 1949 (c. 55).
In section 7(4), for the words from “55”, to “capacity)” there shall be substituted the words “ 65 to 67 of the Water (Scotland) Act 1980 ”, and for the words “a local authority” where those words last occur in the subsection there shall be substituted the words “ an islands or district council ”.
Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)
In section 35(7), for the words “section fifty of the Water (Scotland) Act 1946” and “said section fifty” there shall be substituted respectively the words “ section 33 of the Water (Scotland) Act 1980 ” and “ said section 33 ”.
In section 35(8), for the words “61 to 63” and “1946” there shall be substituted respectively the words “ 71 to 73 ” and “ 1980 ”.
Town and Country Planning (Scotland) Act 1959 (c. 70)
In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—
“ 3. A water authority within the meaning of section 109(1) of the Water (Scotland) Act 1980. ”
Water Officers Compensation Act 1960 (c. 15)
In section 1(1), in paragraphs (e) and (f), for the words “2 or 4”, “1967” and “section 5 of the said Act of 1967” there shall be substituted respectively the words “ 81 ”, “ 1980 ” and “ section 4 or 82 of the said Act of 1980 ”.
.
Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)
In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.
Spray Irrigation (Scotland) Act 1964 (c. 90)
In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.
Airports Authority Act 1965 (c. 16)
In section 19(5), for the words “1946” and “local water authority” wherever those words occur there shall be substituted respectively the words “ 1980 ” and “ water authority ”.
Gas Act 1965 (c. 36)
In section 15(11)(d), for the word “1946” there shall be substituted the word “ 1980 ”.
In section 23(5) for the words “Acts 1946 and 1949” there shall be substituted the words “ Act 1980 ”.
In section 28(1)—
(a) in the definition of “limits of supply”, for the words “5” and “1946” there shall be substituted respectively the words “ 109(1) ” and “ 1980 ”;
(b) for the definition of “local water authority” there shall be substituted the words—
“local water authority” means a water authority within the meaning of section 109(1) of the Water (Scotland) Act 1980
;
(c) in the definition of “statutory right to take water” for the words “21” and “1946” there shall be substituted respectively the words “ 17 ” and “ 1980 ”.
In Schedule 3, in paragraph 9(b), for the words “21(1)” and “1946” there shall be substituted respectively the words “ 17(1) ” and “ 1980 ”.
Countryside (Scotland) Act 1967 (c. 86)
In section 63(1), (10) and (11), for the words “1946”, “61(6)”, “62”, “61” and “1967” wherever those words occur there shall be substituted respectively the words “ 1980 ”, “ 72 ”, “ 71 ” and “ 1980 ”.
In section 65(5), for paragraph (f) there shall be substituted the words—
(f) water authorities within the meaning of section 109(1) of the Water (Scotland) Act 1980;
and in paragraph (g), for the word “1967” there shall be substituted the word “ 1980 ”.
Sewerage (Scotland) Act 1968 (c. 47)
In section 47, for the words “55”, “56”, “57”, “1946” and “Part III” (wherever those words occur) there shall be substituted the respectively the words “ 65 ”, “ 66 ”, “ 67 ”, “ 1980 ” and “ Part V ”.
Town and Country Planning (Scotland) Act 1972 (c. 52)
In section 88(4), for the words “1946”, “57”, “Part III” and “68” there shall be substituted respectively the words “ 1980 ”, “ 67 ”, “ Part V ” and “ 37 ”.
Control of Pollution Act 1974 (c. 40)
In section 31(2)(b)(i), for the words “50” and “1946” there shall be substituted the words “ 33 ” and “ 1980 ”.
In section 33(7), for the word “1946” there shall be substituted the word “ 1980 ”.
Local Government (Scotland) Act 1975 (c. 30)
In Schedule 6, in paragragh 53(b), for the words “60 or 61” and “1946” there shall be substituted respectively the words “ 70 or 71 ” and “ 1980 ”.
Airports Authority Act 1975 (c. 78)
In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.
Section 112.
Chapter | Short Title | Extent of Repeal
9 & 10 Geo.6. c. 42. | The Water (Scotland) Act 1946. | The whole Act
9 & 10 Geo.6. c. 49. | The Acquisition of Land (Authorisation Procedure) Act 1946. | In Schedule 4, the entry relating to the Water (Scotland) Act 1946.
12 & 13 Geo.6. c. 31 | The Water (Scotland) Act 1949. | The whole Act.
14 Geo. 6. c. 39. | The Public Utilities Street Works Act 1950. | In Schedule 5, the entry relating to the Water (Scotland) Act 1946.
4 & 5 Eliz. 2. c. 60. | The Valuation and Rating (Scotland) Act 1956. | Section 18.
6 & 7 Eliz. 2. c. 67. | The Water Act 1958. | The whole Act.
7 & 8 Eliz. 2. c. 24. | The Building (Scotland) Act 1959. | In Schedule 9, paragraph 5.
1965 c. 4. | The Science and Technology Act 1965. | In Schedule 2, the entry relating to the Water (Scotland) Act 1946.
1967 c. 78. | The Water (Scotland) Act 1967. | The whole Act except section 4(3) and, in Schedule 2, paragraphs 14, 17 and 18.
1969 c. 48. | The Post Office Act 1969. | In Schedule 4, paragraph 40.
1970 c. 38. | The Building (Scotland) Act 1970. | In Schedule 1, in Part II, paragraph 4.
1973 c. 65. | The Local Government (Scotland) Act 1973. | Section 148(2) to (7) and (9).
In Schedule 15, paragraph 27.
In Schedule 17, paragraphs 3 to 63.
In Schedule 23, paragraph 5(c).
In Schedule 25, paragraphs 18 to 23 and 39.
In Schedule 27, paragraph 158(b).
1974 c. 40. | The Control of Pollution Act 1974. | In Schedule 2, paragraphs 17 and 18.
1975 c. 30. | The Local Government (Scotland) Act 1975. | In Schedule 6, paragraphs 10, 15, 16, 39 and 56(b).