Water Services etc. (Scotland) Act 2005

[^key-b65ecdbe8254c2f4fe3430314f61ad68]: Sch. 2 para. 2 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-e10c7e4840dc7d8f56badac450567807]: Sch. 2 para. 3 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-73805e849b7a818ef64c1b1e0a34fd9c]: Sch. 2 para. 5 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-43af625a889b2c97f7a95fc8daea07d6]: Sch. 2 para. 6 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-df8b101631340374298da0694b35ed73]: Sch. 2 para. 7 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-19bb7d960305bc885f8361b9d03f7912]: Sch. 2 para. 8 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-08b8609c4a8d11b415dc8ca654cbc941]: Sch. 2 para. 9 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-aacd673774655b4ab2263d79b5f73fe1]: Sch. 2 para. 10 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-be8200e12e23fab0666270a8c1cf2b91]: Sch. 2 para. 11 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-9fcd8c1c1e15df40bcb3a03f7f206e46]: Sch. 2 para. 12 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-bcbc5773f3a89e08c1c129625a63f446]: Sch. 5 para. 7(7) in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-ac65fa36c5a8ae6ed0d578320b42fb8e]: Sch. 2 para. 1 applied (with modifications) (5.10.2006) by Water Services and Sewerage Services Licences (Scotland) Order 2006 (S.S.I. 2006/464), arts. 1(1), 4

[^key-d6f19dd7f921cf9673f993e997a42b7c]: Sch. 2 para. 2 applied (with modifications) (5.10.2006) by Water Services and Sewerage Services Licences (Scotland) Order 2006 (S.S.I. 2006/464), arts. 1(1), 4

[^key-f5ea743dbe2dc33e0f423077ed4ca3be]: S. 6 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-c75aa09ae7b3a9ff7a172585f05c1c78]: S. 7 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-402028533f3c98c5a819addb5e5190a6]: S. 9 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-ecc6ea36b9b0f0b78e6152c377bf5769]: S. 12 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-71cf72f43c90bca32725651b2e2e961a]: S. 32 in force at 8.1.2007 for specified purposes by S.S.I. 2006/599, art. 2, Sch.

[^key-dac8850c9005fdb0650c086b2c8c8dca]: Sch. 2 para. 4 in force at 8.1.2007 by S.S.I. 2006/599, art. 2, Sch.

[^key-af74f3bba48af8be923eea1baebdbd00]: Sch. 5 para. 7(10) in force at 8.1.2007 by S.S.I. 2006/599, art. 2, Sch.

[^key-d2e3eefa373d668b713bc95c7b635917]: S. 26(10A) inserted (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 115(3), 128(2) (with s. 127); S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-cd66d3a30d7f35d26ddb20fcc27ebc35]: Words in s. 26(10) substituted (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 115(2), 128(2) (with s. 127); S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-497e83c5c6ef413975b101c8c4802753]: Words in s. 13(3)(a)(i) substituted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 248(a) (with art. 10)

[^key-db1b3a022c6b72d98cc1c0ccb7423b89]: Words in s. 13(3)(a)(ii) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 248(b) (with art. 10)

[^key-8a1698223196a15b92c5dd102a570dd2]: S. 3 repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-7fb176c1c990d404ea4adcf741021379]: S. 19(4)(c) substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 14; S.S.I. 2011/278, art. 2(d)

[^key-087e2e225616f5865bb23c25a00c4cf8]: Sch. 5 para. 7(3) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-4dfa090e936b55c7c3c0d02ce7a3b4e8]: Sch. 5 para. 8(a) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-3aef0ee32ca9a36324f6297a388608c7]: Sch. 5 para. 9(a) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-98324742f0277cfec68303c20a2bd9c5]: S. 11A inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 131, 134(7), 134(8); S.S.I. 2011/278, art. 2(c)

[^key-88d4a280f0b049771ba82aa710001b37]: Sch. 5 para. 7(5) in force at 22.7.2012 by S.S.I. 2012/192, art. 2

[^key-5091254b7184662e42328baeb65300f8]: S. 14(2)(2A) substituted for s. 14(2) (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 28(2), 56(1), 56(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(a)

[^key-79600e9d34e90758d1a068df0dc23ba0]: Word in s. 14(3) substituted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 28(3), 56(1), 56(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(a)

[^key-3d267c3b4b88f90eac3ece73fce80046]: Words in s. 14(6) inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 28(4), 56(1), 56(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(a)

[^key-6dd1f56bcc087b5d07b1a6f300e21899]: Words in s. 25(9) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 9; S.S.I. 2014/160, art. 2(1)(2), Sch.

[^key-ab46b638365d368185d4346df146d218]: Words in s. 6(1) substituted (20.11.2015) by Water Act 2014 (c. 21), ss. 7(3)(a), 94(3); S.S.I. 2015/360, art. 2(b)

[^key-542487ce21da7ba6a96b3dc7894621bc]: Words in s. 6(3) substituted (20.11.2015) by Water Act 2014 (c. 21), ss. 7(3)(b), 94(3); S.S.I. 2015/360, art. 2(b)

[^key-fc84197017ca8c4516561fba584f49fc]: Words in s. 34(3)(c) inserted (20.11.2015) by Water Act 2014 (c. 21), ss. 7(4), 94(3); S.S.I. 2015/360, art. 2(b)

[^key-a9619b9e427272b5383362bd430c6db1]: Sch. 2 paras. 1A, 1B and cross-headings inserted (20.11.2015 for the insertion of Sch. 2 para. 1A, 1.4.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 7(2), 94(3); S.S.I. 2015/360, art. 2(a); S.S.I. 2016/48, art. 2

[^key-a6288d5813906460a8a48b7bcfe6b0e1]: Ss. 20A, 20B and cross-heading inserted (10.6.2013 for specified purposes, 1.4.2016 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 32, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2016/14, art. 2

[^key-ce3eb7374a800b984bf96ec4eecae1e9]: S. 34(2A) inserted (10.6.2013 for specified purposes, 1.1.2017 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 33(1), 56(1)(2); S.S.I. 2013/163, art. 3, sch.; S.S.I. 2016/327, art. 2

[^key-a118cebea8809c4007699ac34a29dade]: Ss. 20C, 20D inserted (10.6.2013 for specified purposes, 1.1.2017 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 33(2), 56(1)(2); S.S.I. 2013/163, art. 3, sch.; S.S.I. 2016/327, art. 2

[^key-68389ded7f875a85a492316227ec674b]: Words in s. 19(4)(c) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 2(2) (with reg. 3)

[^key-dbd6d23eb08a3233a513d000100cea02]: Words in s. 20B(4)(c) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 2(3) (with reg. 3)

Meaning of “eligible premises”

Control of water from coal mines

Offences by bodies corporate and partnerships

Water Industry Commission for Scotland

11A

• (1) Subsections (2) to (4) apply where a water services provider or, as the case may be, a sewerage services provider (“ the provider ”) has requested (in writing) that the Scottish Public Services Ombudsman (“the Ombudsman”) investigate complaints made about the provider by occupiers of premises served by the provider.

• (2) Subject to subsection (4), the Scottish Public Services Ombudsman Act 2002 applies to such complaints as it applies to complaints made under that Act about a listed authority.

• (3) For the purposes of subsection (2), the provider is to be treated as a listed authority and the complainer as the person aggrieved.

• (4) Paragraph 7 of schedule 4 to the Scottish Public Services Ombudsman Act 2002 (Ombudsman not to investigate contractual or commercial transactions relating to a listed authority) does not apply.

• (5) Subsections (6) to (9) apply where—

• (a) the provider has—

• (i) requested (in writing) that the Ombudsman may not investigate any new complaints relating to the provider,

• (ii) sent a copy of that request to the Commission, and

• (b) the Commission has agreed to that request and notified the Ombudsman accordingly.

• (6) The Ombudsman may not investigate any new complaints relating to the provider from the date that the Ombudsman receives notification under subsection (5)(b).

• (7) The Ombudsman is to continue investigating any undetermined complaints about the provider which have been made to the Ombudsman prior to the Ombudsman's receipt of notification under subsection (5)(b).

• (8) For the purpose of enabling an undetermined complaint to continue to be dealt with, subsections (2) and (3) continue to apply and have effect as they applied and had effect immediately before the Ombudsman received notification under subsection (5)(b).

• (9) For the purpose of subsection (7), a complaint is determined by the Ombudsman if the Ombudsman—

• (a) has decided to conduct an investigation in relation to the complaint and that investigation is concluded, or

• (b) has decided not to conduct an investigation in relation to the complaint.

Licences and compliance: further provision

Scottish Water's functions: powers of the Scottish Ministers

Sewerage nuisance: code of practice

Meaning of “eligible premises”

Contractual matters

20A

• (1) Subsection (4) applies as respects the circumstances specified in subsection (2) or (3).

• (2) The circumstances are that water is supplied to eligible premises by Scottish Water otherwise than in pursuance of arrangements made between—

• (a) a water services provider, and

• (b) the occupier of the premises.

• (3) The circumstances are that sewerage is provided to, or sewage is disposed of from, eligible premises by Scottish Water otherwise than in pursuance of arrangements made between—

• (a) a sewerage services provider, and

• (b) the occupier of the premises.

• (4) The relevant parties are deemed to have made arrangements with each other for the provision to the premises of the services to which subsection (2) or (as the case may be) (3) relates.

• (5) The terms and conditions set by a scheme made under section 20B are incorporated into the arrangements—

• (a) as if they were agreed by the relevant parties, and

• (b) so far as they are relevant having regard to the purposes or areas to which they extend.

• (6) The arrangements are effective as from the later of—

• (a) the day on which the premises began to receive those services,

• (b) the day on which the occupier acquired the premises,

• (c) the day on which section 32 of the Water Resources (Scotland) Act 2013 came into force.

• (7) Sections 16 to 20 have effect in relation to the arrangements as if they were made ordinarily between the relevant parties.

• (8) In this section—

• (a) the references to the relevant parties are to—

• (i) the water services or (as the case may be) sewerage services provider that is designated in accordance with a scheme made under section 20B, and

• (ii) the occupier of the premises,

• (b) the references to the occupier of premises are, if the premises are unoccupied, to be construed as references to the owner of the premises.

20B

• (1) The Commission must make a scheme setting out the terms and conditions to be incorporated into any arrangements deemed by section 20A(4) to have been made.

• (2) A scheme under this section may—

• (a) specify the basis on which a particular water or sewerage services provider is to be designated in connection with section 20A(8)(a)(i),

• (b) in respect of the services to which section 20A(2) or (as the case may be) (3) relates—

• (i) fix the maximum charges that may be recovered by the water or sewerage services provider so designated,

• (ii) allow the water or sewerage services provider so designated to set the particular charges that are to be recovered by it.

• (3) A scheme under this section may—

• (a) make different provision for different purposes or areas,

• (b) for future application, revise an earlier such scheme.

• (4) Before making a scheme under this section, the Commission must consult—

• (a) every water or sewerage services provider,

• (b) Scottish Water, and

• (c) Consumer Scotland.

• (5) As soon as practicable after the Commission makes a scheme under this section, it must—

• (a) in a manner appropriate for bringing the scheme to the attention of persons likely to be affected by it, publish a notice stating its effect,

• (b) send a copy of the scheme to—

• (i) every water or sewerage services provider,

• (ii) Scottish Water, and

• (iii) any other person who requests it.

20C

• (1) Subsection (2) applies to any premises—

• (a) to which water is supplied under section 16(2), or

• (b) to which sewerage is provided, or from which sewage is disposed of, under section 16(5).

• (2) The owner of the premises must give the water or sewerage services provider the required information if there is a change in occupancy because they—

• (a) are occupied by a new occupier, or

• (b) have fallen vacant.

• (3) In subsection (2), “ required information ” means—

• (a) address of the premises,

• (b) identity of the new occupier or (as the case may be) fact that the premises have fallen vacant,

• (c) day on which the change in occupancy occurred.

• (4) The Scottish Ministers may by regulations—

• (a) make rules for timing and procedure in connection with subsections (1) and (2),

• (b) by addition, modify the list in subsection (3).

Liability for charges

20D

• (1) Subsection (2) applies if, without reasonable excuse, an owner of any premises to which section 20C(1) relates fails to comply with section 20C(2) (except where the new occupier is the owner or the premises have fallen vacant).

• (2) The new occupier's liability (if any) to the water or sewerage services provider for the relevant charges becomes shared jointly and severally with the owner.

• (3) In subsection (2), “ relevant charges ” means charges arising by virtue of any arrangements to which section 16(1) or (as the case may be) (4) relates.

• (4) The Scottish Ministers may by regulations make rules for—

• (a) timing and procedure in connection with subsections (1) and (2),

• (b) exempting an owner from liability under subsections (1) and (2) where, although information supplied by the owner is inaccurate or incomplete, the owner has taken prescribed steps to ensure its accuracy or completeness.

Determinations relating to provision of services

Qualification of duty to provide services

Monitoring and enforcement

Meaning of “public water supply system”

Offences by bodies corporate and partnerships

Applications forwarded by the Water Services Regulation Authority

1A

• (1) The Scottish Ministers may by order make provision about—

• (a) treating an application under section 17F of the 1991 Act for the grant of a water supply licence giving a retail authorisation or a restricted retail authorisation as being also an application under paragraph 1 for the grant of a water services licence;

• (b) treating an application under section 17F of the 1991 Act for the grant of a sewerage licence giving a retail authorisation as being also an application under paragraph 1 for the grant of a sewerage services licence.

• (2) The order may in particular make provision about—

• (a) the circumstances in which, and the conditions subject to which, an application under section 17F of the 1991 Act is to be treated as an application under paragraph 1 for a water services licence or a sewerage services licence;

• (b) the time at which an application is to be treated as having been made;

• (c) the processing of an application by the Commission.

• (3) Provision under sub-paragraph (2)(a) may require an application under section 17F of the 1991 Act that is forwarded to the Commission—

• (a) to include, or be accompanied by, information prescribed by the order;

• (b) to be accompanied by a fee, or a fee of a description, prescribed by the order.

• (4) In this paragraph and paragraph 1B “ the 1991 Act ” means the Water Industry Act 1991.

1B

• (1) If the conditions in sub-paragraph (2) are satisfied, the Commission must—

• (a) forward to the Authority a copy of an application under paragraph 1 for the grant of a water services licence or sewerage services licence;

• (b) send to the Authority such information, documents and fee as appear to the Commission to be required in order that the application may be treated by the Authority as an application under section 17F of the 1991 Act for the grant of—

• (i) a water supply licence giving a retail authorisation or a restricted retail authorisation or both, or

• (ii) a sewerage licence giving a retail authorisation,

as the case may be.

• (2) The conditions are that—

• (a) the Commission is requested to do so by the applicant;

• (b) the application under paragraph 1 appears to the Commission to be an application that would be treated by the Authority as an application under section 17F of the 1991 Act for the grant of—

• (i) a water supply licence giving a retail authorisation or a restricted retail authorisation or both, or

• (ii) a sewerage licence giving a retail authorisation,

as the case may be;

• (c) the applicant has given the Commission—

• (i) such information and documents as are mentioned in sub-paragraph (1)(b), and

• (ii) a means of sending to the Authority such fee as is mentioned in sub-paragraph (1)(b).

• (3) The Commission must—

• (a) forward a copy of the application, and

• (b) send such information, documents and fee as are mentioned in sub-paragraph (1)(b),

before the end of the agreed period for an application of that description.

• (4) In this paragraph—

• “ the agreed period ”, in relation to an application under paragraph 1 of a particular description, means the period agreed between the Commission and the Authority as the period applying to an application of that description for the purposes of sub-paragraph (3);

• “ the Authority ” means the Water Services Regulation Authority.

Conditions of licence