Water (Scotland) Act 1980

Part I — Central Authority

Duty of Secretary of State

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It shall be the duty of the Secretary of State and of Scottish Water when exercising their respective functions or powers under or by virtue of this Act—

• (a) to promote the conservation and effective use of the water resources of, and the provision of adequate water supplies throughout, Scotland; and

• (b) to secure the collection, preparation, publication and dissemination of information and statistics relating to such resources and supplies.

Power to require surveys and formulation of proposals

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Part II — Duties of Water Authorities

Water authorities

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Alteration of limits of supply

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Maps of limits of supply

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Water works code.

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• (1) It shall be the duty of Scottish Water to provide a supply of wholesome water to every part of its limits of supply where a supply of water is required for domestic purposes and can be provided at a reasonable cost.

• (2) Without prejudice to the generality of subsection (1), Scottish Water shall provide a supply of wholesome water in pipes to every part of its limits of supply where a supply of water is required for domestic purposes and shall , subject to subsection (2A), take the pipes affording that supply to such point or points as will enable the buildings for which a supply is required for domestic purposes to be connected thereto at a reasonable cost; but this subsection shall not require Scottish Water to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of its limits of supply where such a supply is already available at such point or points.

• (2A) Subsection (2), so far as requiring Scottish Water to take pipes to the point or points referred to in that subsection, shall not apply for so long as there is inforce an agreement between Scottish Water and some other person for that person to take the pipes referred to in that subsection to that point or those points.

• (2B) Subsections (1) and (2), so far as excepting from the duties under those subsections things which cannot be done at a reasonable cost, shall not apply tosuch cases or descriptions of case as the Scottish Ministers may direct.

• (2C) In determining what is a reasonable cost for the purpose of subsection (2) so far as excepting from the duty under that subsection things which cannot be done at areasonable cost, the costs to be taken into account include the costs of—

• (a) constructing such other water mains, communication pipes and other waterworks, and

• (b) carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in that subsection.

• (2D) Subject to subsection (2C), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations madeby the Scottish Ministers.

• (2E) Such regulations may, in particular, make provision as to—

• (a) the matters to be taken into, or left out of, account,

• (b) the criteria to be applied,

• (c) the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.

• (3) If any question arises under this section as to—

• (za) whether a reasonable cost has been properly determined in accordance with regulations made under subsection (2D), or

• (a) whether a supply of water can be provided at a reasonable cost, or

• (b) whether anything is or is not practicable at a reasonable cost, or

• (c) the point or points to which pipes must be taken in order to enable buildings to be connected therewith at a reasonable cost,

the Water Industry Commission for Scotland, if requested to do so by any person aggrieved, shall, after consultation with that person and with Scottish Water, determine that question and Scottish Water shall give effect to its determination.

• (3A) The Commission—

• (a) shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (3), and

• (b) may from time to time revise the statement.

• (3B) In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.

• (3C) The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.

• (4) Scottish Water shall also provide a supply of water for the purpose of complying with any other obligation imposed on it by this Act and may, if it thinks fit, provide a supply to enable it to exercise any of the powers conferred on it by this Act or for any other purpose which it considers is in the interests of the area comprising its limits of supply.

• (5) The duties imposed by subsections (1), (2) and (4) shall not require Scottish Water to do anything which is prejudicial to its compliance with—

• (a) any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or

• (b) a statement of policy issued under section 29D of that Act.

Power to require supplies for refrigerating apparatus, etc., to be taken by meter.

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• (1) In this Act a supply of water for domestic purposes means a sufficient supply for drinking, washing, cooking, central heating and sanitary purposes but not for any bath having a capacity in excess of 100 gallons, and includes—

• (a) a supply for the purposes of any profession carried on in any premises the greater part of which is used as a house; and

• (b) where the water is drawn from a tap inside a house and no hosepipe or similar apparatus is used, a supply for watering a garden, for horses kept for private use and for washing vehicles kept for private use.

• (2) A supply of water under subsection (1) does not include a supply of water for the business of a laundry, or any business of preparing food or beverages for consumption otherwise than on the premises.

• (3) “Domestic purposes” in any local enactment relating to the supply of water shall be construed in accordance with sub-sections (1) and (2).

Water supplied for domestic purposes to be wholesome

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

Supply of water for non-domestic purposes

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• (1) Subject to the following provisions of this Act, Scottish Water shall give a supply of water on reasonable terms and conditions for purposes other than domestic purposes to the owner or occupier of any premises within its limits of supply who requests it to give such a supply to those premises.

• (2) Scottish Water shall not be required to give a supply of water in accordance with subsection (1) if its ability to meet existing obligations to supply water for any purposes or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose, would thereby be endangered.

• (2A) Where a supply of water has been made to premises under subsection (2) of section 16 of the Water Services etc. (Scotland) Act 2005 (asp 3)but—

• (a) the arrangements for the supply (made between the occupier of the premises and the water services provider who made the related request under subsection (1)of that section in respect of the premises) are at an end, or are to come to an end, in consequence of non-payment of charges owed to the provider in relation to the watersupplied; or

• (b) the supply is discontinued (or is to be discontinued) under section 18(5) of that Act,

Scottish Water shall not be required to give a supply of water to the premises in accordance with subsection (1) if it is of the opinion that there is noreasonable prospect of recovering the charges (or any significant proportion of the charges) which it would be entitled to recover in relation to that supply of waterwere it given.

• (2B) Where Scottish Water decides, by virtue of subsection (2A), not to give a supply of water to premises, the occupier of the premises may by notice require the WaterIndustry Commission for Scotland to review that decision.

• (2C) In a review under subsection (2B), the Commission may, having regard to any representations made to it by the parties—

• (a) confirm the decision of Scottish Water; or

• (b) direct Scottish Water to give a supply of water to the premises in accordance with subsection (1),

and the determination of the Commission in the review shall be final.

• (3) Scottish Water may require, as a condition of giving a supply of water under this section, that the person requesting the supply shall enter into an agreement undertaking to pay to it in respect of each year a sum not exceeding one-eighth of the cost of providing and laying the necessary mains (less any amounts received by Scottish Water in respect of water supplied whether for domestic or non-domestic purposes in that year from those mains) until the expiration of a period of 12 years or such lesser period as may appear to Scottish Water to be appropriate.

• (4) Any question arising as to the terms and conditions on which water is to be supplied (not being a question as respect charges for the water which is to be supplied) under this section and any question whether Scottish Water is justified in refusing to give a supply shall in default of agreement, be referred to the Secretary of State and the Secretary of State may determine it himself or, if he thinks fit, refer it for determination by arbitration.

• (5) Where Scottish Water is required to give a supply of water under this section, the powers of Scottish Water and of persons supplied or proposed to be supplied by it to lay mains and pipes for providing a supply of water for domestic purposes and to break open roads for that purpose shall apply for the purpose of the provision of a supply under this section.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws for preventing misuse of water.

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• (1) Subject to the provisions of this section, a local authority or Scottish Water . . . shall make full compensation to any person who has sustained damage by reason of the exercise by them or it of any of their or its powers under this Act in relation to a matter as to which he has not himself been in default.

• (1A) The escape of water, however caused, . . . from one of Scottish Water’s . . . communication or supply pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by it of powers under this Act.

• (2) Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration.

• (3) A claim for compensation under this section shall not be maintainable unless it is made within 24 months after the date on which it is alleged to have arisen.

• (4) The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation.

• (5) Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—

• (a) statutory undertakers as defined in section 214 of the Town and Country Planning (Scotland) Act 1997;

• (b) roads authorities as defined in section 151(1) of the Roads (Scotland) Act 1984;

• (c) bridge authorities as defined in section 147 of the New Roads and Street Works Act 1991;

• (d) road works authority as defined in section 108 of the New Roads and Street Works Act 1991;

• (e) persons on whom a right to compensation under section 141 of the said Act of 1991 is conferred.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws for preventing pollution of water.

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• (1) If—

• (a) a complaint is made to the Secretary of State that Scottish Water has failed—

• (i) to do anything which it is required to do by or under this Act,

• (ii) to give an adequate supply of water either as respects quantity or quality within its limits of supply, or has failed to give any supply which it has been lawfully required to give, or

• (iii) to take such steps as are in the circumstances reasonable to obtain new powers or to extend its existing powers for the purpose of remedying any such failure as is mentioned in paragraph (ii), or

• (b) the Secretary of State is of opinion that an investigation should be made as to whether Scottish Water has failed in any of those matters,

he may cause a local inquiry to be held into the matter.

• (2) If after a local inquiry has been held in pursuance of subsection (1), the Secretary of State is satisfied that there has been such a failure on the part of Scottish Water , he may make an order declaring it to be in default and directing it for the purpose of remedying the default to discharge such of its functions in such a manner and within such time or times as may be specified in the order or, as the case may be, to take such steps within such time or times as may be specified in the order to obtain new powers or to extend its existing powers.

• (3) If Scottish Water fails to comply with any requirements of an order made under subsection (2) within the time specified therein for compliance with that requirement—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Court of Session may on the application of the Lord Advocate on behalf of the Secretary of State order specific performance of the functions and do otherwise as to the Court appears to be just.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Powers of Water Authorities for the purposes of Water Supply

Power to restrict use of hose pipes.

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Byelaws for preventing misuse of water.

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• (1) Scottish Water may enter into an agreement with any other persons . . . , for the giving by those other persons, and the taking by Scottish Water, of a supply of water in bulk for any period and on any terms and conditions, . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purpose of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving or taking a supply of water in pursuance of an agreement . . . made under this section, Scottish Water may exercise, . . . the like powers with respect to laying mains and breaking open roads as are exercisable by it under this Act for the purpose of laying mains, but subject to the like conditions and obligations.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Nothing in this section shall affect any right of a navigation authority under any enactment to prohibit, or impose restrictions on, the supply of water in bulk by Scottish Water.

Power of water authority to give guarantee for supply of water

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

Power to acquire land

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Powers of survey and search for water on land

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• (1) The Scottish Ministers may, on application made to them by Scottish Water, authorise it to survey, in accordance with this section—

• (a) any land which it proposes to acquire for the purposes of its water undertaking or proposed water undertaking; or

• (b) any land in, on or over which it is proposed to lay a water main.

• (2) Notice of any application under subsection (1) shall be given by Scottish Water to the owner and the occupier of the land, and the Secretary of State shall, before giving his authority under subsection (1), consider any representations made to him by any such owner or occupier within 14 days after the receipt of the notice.

• (3) Where Scottish Water is authorised to survey any land under this section, any officer of Scottish Water authorised for the purpose shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter on and survey the land.

• (4) Section 38(3) to (7) shall apply to any right of entry conferred by this section.

• (5) Admission to any land shall not be demanded in the exercise of any right under subsection (3) unless 24 hours’ notice of the intended entry has been given to the occupier; but where such notice has been given on the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with the completion of the survey.

• (6) The power to survey land under this section shall include power to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil or the presence of underground water therein or the quality or quantity of such water, and to reinstate the land after carrying out any such works.