Water (Scotland) Act 1980

General functions of local authorities in relation to water quality.

General functions of local authorities in relation to water quality.

Amendments and repeals.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to break open streets.

Appeal to sheriff-principal.

Power of authority to require separate service pipes.

Provisions as to the position of stopcocks.

Permissible limits of deviation.

General power to construct subsidiary works.

Laying of communication pipes, etc.

Permissible limits of deviation.

Provision as to pollution by gas.

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 ”.

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 ”.

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 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

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 ”.

.

In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 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 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Water supplied for domestic purposes to be wholesome.

Power of Secretary of State on default of authority or board.

Supply of water in bulk.

Power to lay mains, etc.

Water works code.

Power to supply water fittings.

Power to require occupier to permit works to be executed by owner.

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

Power to require supply for hose pipe to be taken by meter.

Provision as to supply to tents, vans, sheds, etc.

Register of meter to be evidence.

Charges for water supplied by meter.

Provisions as to supply of water to agricultural subjects.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation of liability of water authority to supply water on special terms.

Charges for water supplied by meter.

Provisions as to supply of water to agricultural subjects.

General provisions as to byelaws.

Power of Secretary of State to require the making of byelaws.

Penalty for polluting water.

Acquisition of land for protection of water.

Duties of water authorities with respect to water quality.

Regulations for preserving water quality.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

Regulations for preserving water quality.

Remedial powers of local authorities in relation to private supplies.

Effect, confirmation and variation of notice under section 76G.

Application of sections 76G and 76H to certain private supplies

Incidental powers of local authorities.

Power to give effect to international obligations.

Central Scotland Water Development Board.

Enforcement of sections 76A to 76D.

Interpretation.

Effect, confirmation and variation of notice under section 76G.

Saving for protective clauses in other Acts.

Transitional provisions and savings.

Further provisions as to communication pipes, etc.

Power to break open streets.

Power of authority to require separate service pipes.

Further provisions as to communication pipes, etc.

Definitions, etc.

Limit on powers of undertakers to take water.

Penalty for obstructing construction of works.

Laying of communication pipes, etc.

Provisions as to pollution by liquids resulting from manufacture of gas, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

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 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

.

In section 65(5), for paragraph (f) there shall be substituted the words—

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 88(4), for the words “1946”, “57”, “Part III” and “68” there shall be substituted respectively the words “ 1980 ”, “ 67 ”, “ Part V ” and “ 37 ”.

In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

In section 33(7), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Further provisions as to communication pipes, etc.

Saving for protective clauses in other Acts.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to lay service pipes, etc.

Laying of supply pipes, etc.

Further provisions as to communication pipes, etc.

Power of authority to require separate service pipes.

Definitions, etc.

Permissible limits of deviation.

Provisions as to the position of stopcocks.

Penalty for obstructing construction of works.

Undertakers not entitled to underlying minerals unless expressly purchased.

Supply of water for cleansing sewers, etc., and for other public purposes.

Provisions as to pollution by liquids resulting from manufacture of gas, etc.

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 ”.

In section 35(8), for the words “61 to 63” and “1946” there shall be substituted respectively the words “ 71 to 73 ” and “ 1980 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

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 ”.

.

In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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—

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 ”.

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 ”.

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 ”.

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 ”.

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 ”.

Power of Secretary of State on default of authority or board.

Power of Secretary of State on default of authority or board.

Supply of water in bulk.

Power to lay mains, etc.

Keeping of map showing water mains, etc.

Water works code.

Power to supply water fittings.

Power to require occupier to permit works to be executed by owner.

Power to require supply for hose pipe to be taken by meter.

Provision as to supply to tents, vans, sheds, etc.

Register of meter to be evidence.

Provisions as to supply of water to agricultural subjects.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation of liability of water authority to supply water on special terms.

Provision of water supply for new buildings and houses.

Provision of water supply for new buildings and houses.

Power to restrict use of hose pipes.

Byelaws for preventing misuse of water.

Byelaws for preventing pollution of water.

Power of Secretary of State to require the making of byelaws.

Penalty for polluting water.

Power of Secretary of State to require the making of byelaws.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

Enforcement of sections 76A to 76D.

General functions of local authorities in relation to water quality.

Remedial powers of local authorities in relation to private supplies.

General functions of local authorities in relation to water quality.

Application of sections 76G and 76H to certain private supplies

Incidental powers of local authorities.

Power to give effect to international obligations.

Interpretation.

Reference to arbitration.

Interpretation.

Amendments and repeals.

Power to break open streets.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to break open streets.

Laying of communication pipes, etc.

Power of authority to require separate service pipes.

Laying of communication pipes, etc.

Definitions, etc.

Permissible limits of deviation.

General power to construct subsidiary works.

Power to acquire servitudes for underground work.

Map of underground works to be prepared and kept up to date.

Duty of undertakers as respects constant supply and pressure.

Provision as to pollution by gas.

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 ”.

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 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

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 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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 ”.

.

In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

In section 35(8), for the words “61 to 63” and “1946” there shall be substituted respectively the words “ 71 to 73 ” and “ 1980 ”.

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 ”.

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 ”.

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 ”.

In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Water supplied for domestic purposes to be wholesome.

Power of Secretary of State on default of authority or board.

Supply of water in bulk.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to lay mains, etc.

Keeping of map showing water mains, etc.

Power to supply water fittings.

Power to require occupier to permit works to be executed by owner.

Power to require supply for hose pipe to be taken by meter.

Provision as to supply to tents, vans, sheds, etc.

Register of meter to be evidence.

Charges for water supplied by meter.

Provisions as to supply of water to agricultural subjects.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation of liability of water authority to supply water on special terms.

Provision of water supply for new buildings and houses.

Agreements as to drainage.

Agreements for water quality

Byelaws for preventing pollution of water.

General provisions as to byelaws.

Power of Secretary of State to require the making of byelaws.

Regulations to prevent waste, misuse or contamination of water.

Acquisition of land for protection of water.

Regulations for preserving water quality.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

Enforcement of sections 76A to 76D.

General functions of local authorities in relation to water quality.

Remedial powers of local authorities in relation to private supplies.

Effect, confirmation and variation of notice under section 76G.

Application of sections 76G and 76H to certain private supplies

Incidental powers of local authorities.

Power to give effect to international obligations.

Central Scotland Water Development Board.

Interpretation.

Saving for protective clauses in other Acts.

Power to break open streets.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Laying of supply pipes, etc.

Power of authority to require separate service pipes.

Provisions as to the position of stopcocks.

Definitions, etc.

Permissible limits of deviation.

General power to construct subsidiary works.

Power to acquire servitudes for underground work.

Supply of water for cleansing sewers, etc., and for other public purposes.

Provisions as to pollution by liquids resulting from manufacture of gas, etc.

and in paragraph (g), for the word “1967” there shall be substituted the word “ 1980 ”.

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 ”.

.

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 ”.

.

In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

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—

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 ”.

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 ”.

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 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Power of Secretary of State on default of authority or board.

Supply of water in bulk.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to lay mains, etc.

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

Water works code.

Power to supply water fittings.

Power to require occupier to permit works to be executed by owner.

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

Power to require supply for hose pipe to be taken by meter.

Provision as to supply to tents, vans, sheds, etc.

Register of meter to be evidence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation of liability of water authority to supply water on special terms.

Agreements as to drainage.

Power to restrict use of hose pipes.

Byelaws for preventing misuse of water.

Byelaws for preventing pollution of water.

General provisions as to byelaws.

Penalty for polluting water.

Acquisition of land for protection of water.

Duties of water authorities with respect to water quality.

Regulations for preserving water quality.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

General functions of local authorities in relation to water quality.

Domestic distribution failures where water is supplied to the public

Effect, confirmation and variation of notice under section 76G.

Application of sections 76G and 76H to certain private supplies

Incidental powers of local authorities.

Central Scotland Water Development Board.

Reference to arbitration.

Further provisions as to communication pipes, etc.

Amendments and repeals.

Power to break open streets.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to lay service pipes, etc.

Laying of supply pipes, etc.

Laying of communication pipes, etc.

Permissible limits of deviation.

Provisions as to the position of stopcocks.

Definitions, etc.

Permissible limits of deviation.

General power to construct subsidiary works.

Power to acquire servitudes for underground work.

Map of underground works to be prepared and kept up to date.

Duty of undertakers as respects constant supply and pressure.

Provision as to pollution by gas.

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 ”.

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 35(8), for the words “61 to 63” and “1946” there shall be substituted respectively the words “ 71 to 73 ” and “ 1980 ”.

In section 65(5), for paragraph (f) there shall be substituted the words—

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 ”.

In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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 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 ”.

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 ”.

In section 31(2)(b)(i), for the words “50” and “1946” there shall be substituted the words “ 33 ” and “ 1980 ”.

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 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

23A

• (1) Without prejudice to sections 23 and 24 (including any power under those sections to authorise the laying of mains or communication pipes on its behalf), Scottish Water may authorise a person to lay a main or communication pipe which is to connect with a main vested in it—

• (a) in, under or over any road or under any cellar or vault below any road, or

• (b) in, on or over any land which does not form part of a road and is not land as respects which that person is owner, lessee or occupier.

• (2) Where Scottish Water gives an authorisation to any person under subsection (1) in relation to a main, subsections (1) to (2) of section 23, so far as relating to the laying of a main shall apply in respect of that person as they apply in respect of Scottish Water.

• (3) Where—

• (a) a main or communication pipe (not being a main pipe or laid by or on behalf of Scottish Water) is laid by any person, and

• (b) the main or pipe connects with a main vested in Scottish Water,

the main or, as the case may be, the communication pipe shall vest in Scottish Water.

• (4) Notwithstanding subsection (3), Scottish Water may, before the completion of a main or communication pipe to which that subsection applies, determine that the main or pipe, or any part of it, shall vest in the person who laid it and that that person shall have sole responsibility for its management, maintenance and renewal.

• (5) Scottish Water shall give notice of a determination under subsection (4) to the person who laid the main or communication pipe.

• (6) Where—

• (a) a main or communication pipe (not being a main or pipe laid by or on behalf of Scottish Water) is laid by any person, and

• (b) the main or pipe does not connect with a main vested in Scottish Water,

the main or, as the case may be, the communication pipe shall vest in the person who laid it, who shall have sole responsibility for its management, maintenance and renewal.

• (7) Notwithstanding subsections (4) and (6), Scottish Water may at any time enter into an agreement under which the main or communication pipe in question, or any part of it, shall vest in it.

• (8) An agreement under subsection (7) relating to a main or communication pipe to which subsection (3) applies—

• (a) is subject to—

• (i) the condition that the main or pipe shall vest in Scottish Water only if it complies with the construction standards specified by virtue of section 23B, so far as applicable,

• (ii) such further conditions as Scottish Water may require to be included in the agreement by virtue of section 23C, and

• (b) shall not take effect until the person who laid the main or pipe provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).

23B

• (1) In relation to a main or communication pipe to which subsection (3) of section 23A applies, the construction standards referred to in subsection (8)(a)(i) of that section are such standards as the Scottish Ministers may, by regulations, specify.

• (2) The standards which may be specified in regulations under subsection (1) include standards specified in or under other enactments.

• (3) Regulations under subsection (1) may make different provision in relation to different cases or descriptions of case.

• (4) Before making regulations under subsection (1) the Scottish Ministers must consult—

• (a) Scottish Water, and

• (b) such other persons as they consider appropriate.

23C

• (1) For the purposes of subsection (8)(a)(ii) of section 23A, Scottish Water may require the inclusion in an agreement under subsection (7) of that section of conditions (“vesting conditions”) as to—

• (a) any sum to be paid by Scottish Water to the person who laid the main or communication pipe in respect of its laying,

• (b) the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the main or pipe, including in particular the costs of—

• (i) maintaining, repairing and renewing the main or pipe and such water mains, communication pipes and other waterworks constructed, and work carried out, as are mentioned in sub-paragraph (iii),

• (ii) connecting the main or pipe to a main vested in Scottish Water,

• (iii) constructing such water mains, communication pipes and other waterworks, and carrying out such other work, as Scottish Water considers necessary in consequence of the connection.

• (2) The Scottish Ministers may by regulations make provision as to—

• (a) the provisions to be included, by virtue of subsection (1) of this section, as vesting conditions in an agreement under section 23A(7),

• (b) cases in relation to which subsection (1) of this section does not apply, or applies with modifications.

• (3) Regulations under subsection (2) may, in particular, make provision—

• (a) for determining the sum (if any) to be paid by Scottish Water by virtue of subsection (1)(a),

• (b) for determining the liability, by virtue of subsection (1)(b), of the person who laid the main or communication pipe by reference to such matters, criteria and methods of calculation as the regulations may specify,

• (c) as to when sums due under the vesting conditions are payable,

• (d) as to the security which Scottish Water is entitled to require under section 23A(8)(b).

• (4) Regulations under subsection (2) may make different provision in relation to different descriptions of person and different cases or descriptions of case.

76FA

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76FB

• (1) This section applies where a local authority

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

• (b) receive a report on the findings of an investigation in accordance with regulation 19(1)(c) of the Public Water Supplies (Scotland) Regulations 2014(SSI 2014/364).

• (2) A local authority must serve a notice on the person who owns or is otherwise responsible for the domestic distribution system of the premises affected by ... the failure or apprehended failure which is the subject of the investigation, (the “responsible person”) for the purposes of ensuring a wholesome supply and protecting human health.

• (3) A notice served under this section must—

• (a) give particulars of ... the failure or apprehended failure in respect of which the notice is served;

• (b) specify any steps which the local authority require to be taken for the purposes of ensuring a wholesome supply and protecting human health;

• (c) specify a period for the performance of each step;

• (d) specify the advice (if any) which the local authority require the responsible person to communicate to consumers of the supply;

• (e) specify any steps which the local authority require to be taken for the purpose of communicating such advice;

• (f) specify a period ending not less than 28 days after the day on which the notice is served within which any representations or objections with respect to the notice must be received by the local authority; and

• (g) state the effect in relation to that notice of section 76FC below.

• (4) Where the local authority consider that ... a relevant failure (including ... a relevant failure relating to an indicator parameter) constitutes a potential risk to human health, the local authority must—

• (a) require the taking of such steps under subsection (3)(b) above as the authority consider necessary to protect human health; and

• (b) require advice to be given to consumers under subsection (3)(d).

• (5) In requiring the taking of such steps as may be necessary to comply with subsection(4)(a) above, the local authority and the Scottish Ministers must take into account the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption (within the meaning of Article 2.1 of Council Directive 98/83/EC on the quality of water intended for human consumption).

• (6) The provisions of section 76G(3) below shall have effect in relation to notices served under this section and the reference to a “relevant person” in that subsection shall be construed as a reference to a “responsible person” for the purposes of this section.

• (7) Once the period specified for performance of a step required by a notice under this section has expired, a local authority must notify the Scottish Ministers as soon as possible of any actions taken by the responsible person and the local authority pursuant to, or in consequence of, the requirement to take the step.

• (8) Unless a local authority consider ... a relevant failure to be of a trivial nature, the authority must take such steps as the authority consider necessary to ensure that consumers are notified of any remedial action taken under, or pursuant to, a notice served under this section.

• (9) In this section “indicator parameter” means a parameter listed in—

• (a) Part 2 of Table B in Schedule 1 to the Public Water Supplies (Scotland) Regulations 2014 (SSI 2014/364); or

• (b) Table C in Schedule 1 to those Regulations .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In subsections (4) and (8) “a relevant failure” means a failure or apprehended failure which is the subject of an investigation to which subsection (1)(b) applies.

76FC

• (1) The provisions of section76H(1) to (10) below shall have effect in relation to notices served under section76FB above subject to the modifications set out in subsection(2) below.

• (2) The modifications to section 76H are—

• (a) subsections (3)(c), (5)(b) and (5A) do not apply;

• (b) for “76G” in each place where it occurs substitute “76FB”;

• (c) for “relevant person” in both places where it occurs substitute “responsible person”;

• (d) for “76G(2)(c) and (d)” in both places where it occurs substitute “76FB(3)(f) and (g)”; and

• (e) in subsection (5)(a), omit the words “, except where the case is one to which paragraph (b) below applies,”.

• (3) Any responsible person on whom a notice is served under section 76FB above, who fails without reasonable excuse to take any step as specified in the notice within the period so specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Supply of water in bulk.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to lay mains, etc.

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

Water works code.

Power to supply water fittings.

Power to require occupier to permit works to be executed by owner.

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

Power to require supply for hose pipe to be taken by meter.

Provision as to supply to tents, vans, sheds, etc.

Register of meter to be evidence.

Charges for water supplied by meter.

Provisions as to supply of water to agricultural subjects.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation of liability of water authority to supply water on special terms.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws for preventing misuse of water.

Byelaws for preventing pollution of water.

General provisions as to byelaws.

Regulations to prevent waste, misuse or contamination of water.

Acquisition of land for protection of water.

Acquisition of land for protection of water.

Duties of water authorities with respect to water quality.

Regulations for preserving water quality.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

Enforcement of sections 76A to 76D.

Domestic distribution failures where water is supplied to the public

Effect, confirmation and variation of notice under section 76G.

Entry warrants

Transitional provisions and savings.

Transitional provisions and savings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal to sheriff-principal.

Transitional provisions and savings.

Further provisions as to communication pipes, etc.

Saving for protective clauses in other Acts.

Laying of supply pipes, etc.

Laying of communication pipes, etc.

Power to lay service pipes, etc.

Power of authority to require separate service pipes.

Provisions as to the position of stopcocks.

Definitions, etc.

Permissible limits of deviation.

Limit on powers of undertakers to take water.

Penalty for obstructing construction of works.

Undertakers not entitled to underlying minerals unless expressly purchased.

Undertakers to deposit keys of hydrants at certain places.

Supply of water for cleansing sewers, etc., and for other public purposes.

Provisions as to pollution by liquids resulting from manufacture of gas, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

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 ”.

.

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 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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—

In section 33(7), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Byelaws for preventing pollution of water.

General provisions as to byelaws.

Power of Secretary of State to require the making of byelaws.

Duties of water authorities with respect to water quality.

Regulations for preserving water quality.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

Enforcement of sections 76A to 76D.

Domestic distribution failures where water is supplied to the public

Application of sections 76G and 76H to certain private supplies

Incidental powers of local authorities.

Standards of wholesomeness.

PART VIB — Raw water quality

Power to enter

76M

• (1) Scottish Water may—

• (a) enter any premises for the purposes of—

• (i) assessing or monitoring the quality of any raw water, or

• (ii) investigating or isolating anything that appears to be affecting, or may affect, the quality of any raw water,

• (b) take any steps at the premises which are reasonably required for those purposes.

• (2) Subsection (1)—

• (a) authorises entry only if the occupier of the premises has been given at least 24 hours' notice of the intended entry for those purposes,

• (b) does not authorise entry into a house.

• (3) Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.

• (4) In subsection (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).

• (5) In this section, “raw water”—

• (a) means water contained in any bodies of water—

• (i) identified by an order made under section 6(1) of the Water Environment and Water Services (Scotland) Act 2003, or

• (ii) specified by an order made under section 76R(1),

• (b) also includes water that flows or drains into any bodies of water so identified or specified (or is capable of doing so).

• (6) But excluded from the definition given by subsection (5) is any water that is used or available as or for a private water supply within such meaning as the Scottish Ministers may by order prescribe for the purpose of this subsection.

76N

• (1) Scottish Water may apply to the sheriff for a warrant authorising it to—

• (a) enter particular premises for the purposes mentioned in section 76M(1),

• (b) take any steps at the premises which are reasonably required for those purposes.

• (2) The sheriff may grant the warrant sought if satisfied—

• (a) that there are reasonable grounds for entering the premises for those purposes, and

• (b) that—

• (i) the first and second conditions are met, or

• (ii) the third condition is met.

• (3) The first condition is that—

• (a) admission to the premises has been refused,

• (b) the taking of steps at the premises has been obstructed, or

• (c) such refusal or obstruction may reasonably be expected.

• (4) The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.

• (5) The third condition is that the premises are unoccupied.

• (6) A warrant under subsection (1)—

• (a) remains valid until the purposes mentioned in section 76M(1) are fulfilled,

• (b) allows the use of reasonable force (if required),

• (c) does not authorise entry into a house.

• (7) Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.

76O

• (1) Subsection (2) applies to the authority conferred on Scottish Water by—

• (a) section 76M(1), or

• (b) a warrant under section 76N(1).

• (2) The authority is exercisable on behalf of Scottish Water by any person approved (in writing) by Scottish Water for the purposes mentioned in section 76M(1).

76P

• (1) Subsections (2) to (6) apply in relation to the exercise of the authority mentioned in section 76O(1)(a) or (b).

• (2) An approved person must, if required by the occupier of the premises—

• (a) produce evidence of the approved person's identity (and approval), and

• (b) explain the nature of the authority by (as the case may be)—

• (i) reference to section 76M, or

• (ii) showing a copy of the warrant.

• (3) An approved person may take onto the premises—

• (a) other persons acting under the approved person's direction,

• (b) such equipment as is necessary in connection with the steps that may be taken there.

• (4) The steps that may be taken by an approved person at the premises include—

• (a) inspecting or measuring any water found there,

• (b) carrying out tests on or taking samples from any soil, water or other substance found there,

• (c) installing or maintaining any measuring, testing or sampling equipment for use there.

• (5) An approved person may enter the premises only at a reasonable time.

• (6) If the premises are unoccupied, an approved person must leave them as effectively secured against entry as they were when that person entered them.

• (7) In subsections (2) to (6), “approved person” means person approved as mentioned in section 76O(2).

76Q

• (1) A person commits an offence if the person intentionally obstructs an approved person in the exercise of the authority mentioned in section 76O(1)(b).

• (2) In subsection (1), “approved person” means person approved as mentioned in section 76O(2).

• (3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

76R

• (1) For the purpose of section 76M(5)(a)(ii), the Scottish Ministers may by order specify any bodies of water that are—

• (a) used for the abstraction of water intended for human consumption, or

• (b) intended to be used as mentioned in paragraph (a).

• (2) An order under subsection (1) may specify any bodies of water by reference to a map prepared in connection with the order (and laid along with it).

• (3) The Scottish Ministers must send to the Scottish Environment Protection Agency a copy of—

• (a) an order made under subsection (1), and

• (b) any map prepared in pursuance of subsection (2).

76S

An order under section 76M(6) or 76R(1) is subject to the negative procedure.

Appeal to sheriff-principal.

Permissible limits of deviation.

Limit on powers of undertakers to take water.

Penalty for obstructing construction of works.

Undertakers not entitled to underlying minerals unless expressly purchased.

Undertakers not entitled to underlying minerals unless expressly purchased.

Supply of water for cleansing sewers, etc., and for other public purposes.

Provisions as to pollution by liquids resulting from manufacture of gas, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

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 ”.

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 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

In section 65(5), for paragraph (f) there shall be substituted the words—

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 ”.

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 ”.

In section 31(2)(b)(i), for the words “50” and “1946” there shall be substituted the words “ 33 ” and “ 1980 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Agreements for water quality

68A

• (1) With respect to the matters mentioned in subsection (2), Scottish Water may enter into agreements with—

• (a) the owners and occupiers of any land (in so far as their interest enables them to bind it), or

• (b) a local authority.

• (2) The matters are—

• (a) the carrying out by a party to the agreement of such activities as Scottish Water considers necessary for the purpose of protecting or improving the quality of any raw water,

• (b) the refraining by a party to the agreement from such activities as Scottish Water considers detrimental to the purpose of protecting or improving the quality of any raw water.

• (3) In subsection (2), the references to protecting or improving the quality of water include—

• (a) preventing any deterioration in the quality of the water,

• (b) reducing or eliminating the amount of any treatment that the water requires in order to be wholesome.

• (4) Section 68(2) applies to an agreement under this section as it applies to an agreement to which that section relates (if the agreement under this section is with the owners of the land).

• (5) In this section, “raw water” has the same meaning as in section 76M.

Byelaws for preventing pollution of water.

General provisions as to byelaws.

Power of Secretary of State to require the making of byelaws.

Regulations to prevent waste, misuse or contamination of water.

Duties of water authorities with respect to water quality.

Regulations for preserving water quality.

Offence of supplying water unfit for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

Domestic distribution failures where water is supplied to the public

Effect, confirmation and variation of notice under section 76G.

Application of sections 76G and 76H to certain private supplies

Standards of wholesomeness.

Standards of wholesomeness.

Further provisions as to communication pipes, etc.

Saving for protective clauses in other Acts.

Power to break open streets.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to lay service pipes, etc.

Laying of supply pipes, etc.

Power of authority to require separate service pipes.

Provisions as to the position of stopcocks.

Definitions, etc.

Permissible limits of deviation.

Limit on powers of undertakers to take water.

Limitation of liability of water authority to supply water on special terms.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic distribution failures where water is supplied to the public by private supply

Effect, confirmation and variation of notice under section 76G.

Application of sections 76G and 76H to certain private supplies

Power to enter

Appeal to sheriff-principal.

Saving for protective clauses in other Acts.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to lay service pipes, etc.

Laying of communication pipes, etc.

Power of authority to require separate service pipes.

Provisions as to the position of stopcocks.

Definitions, etc.

Limit on powers of undertakers to take water.

Penalty for obstructing construction of works.

Undertakers not entitled to underlying minerals unless expressly purchased.

Undertakers to deposit keys of hydrants at certain places.

Supply of water for cleansing sewers, etc., and for other public purposes.

Provisions as to pollution by liquids resulting from manufacture of gas, etc.

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 ”.

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 ”.

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 ”.

In Schedule 4, for paragraph 3 there shall be substituted the following paragraph—

In section 3(d), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.

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 ”.

In section 19(4), for the word “1946” there shall be substituted the word “ 1980 ”.

Incidental powers of local authorities.

Power to give effect to international obligations.

Reference to arbitration.

Amendments and repeals.

Power to break open streets.

Protection for railway companies, navigation authorities, tramway undertakers, etc.

Power to lay service pipes, etc.

Laying of supply pipes, etc.

Power of authority to require separate service pipes.

Definitions, etc.

General power to construct subsidiary works.

Power to acquire servitudes for underground work.

Map of underground works to be prepared and kept up to date.

Cost of hydrants.

Duty of undertakers as respects constant supply and pressure.

Provision as to pollution by gas.

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 ”.

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 ”.

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 ”.

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 ”.

.

In section 1(2), for the word “1946” there shall be substituted the word “ 1980 ”.

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 ”.