Water (Scotland) Act 1980

• (1) Notwithstanding anything in any such obligation as is mentioned in section 58(4) Scottish Water shall not be liable under the obligation to provide to any premises in any year a quantity of water greater than the quantitiy supplied thereto in the year immediately preceding 27th October 1948, or to provide to any premises not provided by them with a supply of water on that day a supply otherwise than on the terms on which the supply would, apart from the obligation, have been provided under the Water (Scotland) Act 1946 and the Water (Scotland) Act 1949.

• (2) Any question arising under the foregoing subsection shall in case of dispute be determined by arbitration.

Requisitions

60

Calculation of amount to be requisitioned by water authorities

61

Moneys borrowed on security of rates

62

Part V — Houses, Etc., to be Supplied with Water

Provision of water supply for new buildings and houses

63

• (1) Subject to the provisions of this section, it shall be the duty of any person erecting or causing to be erected a building the erection of which is begun after 15th May 1946 to make adequate provision to the satisfaction of the local authority for a sufficient supply of wholesome water in pipes for the domestic purposes of the persons occupying or using the building.

• (1A) In determining adequacy for the purposes of subsection (1), the local authority shall consult, and have regard to the views of, Scottish Water .

• (2) In the case of a building being a factory within the meaning of the Factories Act 1961, other than a factory in which the production or the preparation of food or drink for human consumption is carried on by way of trade, where the Secretary of State, after consulting Scottish Water is satisfied—

• (a) that Scottish Water would be unable to provide a sufficient supply of wholesome water in pipes for the purposes aforesaid without endangering its ability to meet existing obligations to supply water for any purpose or probable future requirements to supply water for domestic purposes or without having to incur unreasonable expense, and

• (b) that it would not be reasonably practicable to obtain a sufficient supply as aforesaid from any other source,

it shall be a sufficient compliance with the requirements of this section if adequate provision is made to the satisfaction of the local authority for the installation of a sufficient supply of wholesome water in pipes for drinking, cooking and personal ablution and of a sufficient supply of suitable water in pipes for sanitary and other domestic purposes.

• (3) Subject to, and without prejudice to the generality of, the provisions of this section, no person shall after 15th May 1946 erect or cause to be erected a house or shall use or permit to be used as a house any building the erection of which is begun after that date, unless there is provided within the house or building a sufficient supply of wholesome water for domestic purposes in pipes.

• (4) For the purposes of this section a building or house shall be deemed to be erected where the building or house is re-erected after an outer wall of the building or house has been broken or pulled or burned down to within 10 feet of the surface of the ground adjoining the lowest storey.

• (5) If any person contravenes any of the provisions of this section, except section (1A), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and in the case of a house or building being occupied as a house contrary to the provisions of subsection (3) he shall be liable to a further fine not exceeding £25 for each day on which the house or building is occupied as a house after conviction; and without prejudice to proceedings for the recovery of any such fine, the local authority may institute civil proceedings for the purpose of interdicting the occupation of any building in the case of which the provisions of subsection (1) are not complied with, or the occupation of a house as a house or the use of a building as a house in the case of which the provisions of subsection (3) are not complied with.

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

Provision of supply of water to other houses

64

Power of council to make charging order for expenses of executing works

65

Recovery of expenses from owner

66

Limitation of liability of certain owners

67

Part VI — Conservation and Protection of Water Resources

Agreements as to drainage

68

• (1) Scottish Water . . . may enter into agreements—

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

• (b) with a local authority,

with respect to the execution and maintenance by any party to the agreement of such works as Scottish Water considers necessary for the purpose of draining that land, or for more effectually collecting or conveying water which it is for the time being authorised to take:

• (2) An agreement under this section with an owner of land shall, if it is so expressed therein, on being registered in the Land Register of Scotland or recorded in the Register of Sasines, be binding upon and enforceable against any person subsequently acquiring the land or any estate or interest therein.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to restrict use of hose-pipes

69

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

Byelaws for preventing misuse of water

70

• (1) Scottish Water ... may make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by it, and such byelaws may, without prejudice to the foregoing generality, include provisions—

• (a) prescribing the size, nature, design, materials, strength and workmanship, and the mode of arrangement, connection, disconnection, alteration and repair of the water fittings to be used; and

• (b) forbidding the use of any water fittings which are of such a nature or design or are so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water, or reverberation in pipes.

• (2) If a person contravenes the provisions of any byelaw made under this section, Scottish Water ... may, whether proceedings have been taken in respect of the offence or not, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the byelaws to be altered, repaired or replaced, and may recover the expenses reasonably incurred by it in so doing from the person in default.

• (3) Nothing in this section, or in any byelaw made thereunder, shall apply to any fittings used on premises which belong to a railway company and are held or used by them for the purposes of their railway, so long as those fittings are not of such a nature or design or so arranged or connected as to cause or permit waste, undue consumption, misuse or contamination of water supplied by Scottish Water or board or reverberation in pipes:

• (4) Where Scottish Water considers that a byelaw made by it under this section ought not to operate in relation to any particular case or class of cases it may, with the consent of the Secretary of State, relax the requirements of, or dispense with compliance with, that byelaw accordingly:

• (a) shall not give his consent before the expiration of one month from the giving of the notice; and

• (b) shall, before giving his consent, take into consideration any relevant objection which may have been received by him.

Byelaws for preventing pollution of water

71

• (1) If it appears to Scottish Water ... to be necessary for the purpose of protecting against pollution any water whether on the surface or underground, which belongs to it or which it is for the time being authorised to take, it may by byelaws—

• (a) define the area within which it deems it necessary to exercise control; and

• (b) prohibit or regulate the doing within that area of any act specified in the byelaws.

Byelaws made under this section may contain different provisions for different parts of the area defined by the byelaws.

• (2) Where an area has been defined by byelaws under this section, Scottish Water may by notice require either the owner or the occupier of any premises within that area to execute and keep in good repair such works as it considers necessary for preventing pollution of its water, and, if he fails to comply with any such requirement, he shall be liable on summary conviction to the same penalties as if he had committed an act prohibited by the byelaws:

• (3) Scottish Water shall pay compensation to the owners and occupiers of, and other persons interested in, any premises within the area defined by byelaws made under this section in respect of—

• (a) any curtailment or injurious affection of their legal rights by restrictions imposed by the byelaws; and

• (b) any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by Scottish Water ;

and any question as to the amount of compensation to be paid shall in case of dispute be determined by arbitration.

In this subsection the expression “legal rights” includes the use of land in respect of which proceedings might have been taken by Scottish Water or otherwise under any public general Act or under byelaws made thereunder, but have not been so taken, either by reason of the character or situation of the land or for some other reason.

• (4) Where any person has failed to comply with a requirement made on him under subsection (2) and either—

• (a) he has not appealed to the sheriff against that requirement and the time for appealing has expired, or

• (b) his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,

Scottish Water may, whether proceedings have been taken in respect of such failure or not, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by it in so doing from the person in default, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by Scottish Water.

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

• (6) Nothing in this section shall be construed as empowering Scottish Water ... to make any byelaws restricting the rights of a navigation authority under any enactment.

General provisions as to byelaws

72

• (1) The Secretary of State shall be the confirming authority as respects byelaws made under either of the last two foregoing sections, and the provisions of Part IV of Schedule 1 shall apply to the making and confirming of such byelaws.

• (2) It shall be the duty of Scottish Water to enforce such byelaws, so however that nothing in this subsection shall be construed as authorising Scottish Water to institute proceedings for any offence against those byelaws.

• (3) Any such byelaws may contain provisions for imposing on any person contravening the bylaws a fine, recoverable on summary conviction, not exceeding the sum of level 5 on the standard scale in respect of each offence, and in the case of a continuing offence a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.

• (3A) Subject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—

• (a) within 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’sknowledge, or

• (b) where such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.

• (3B) No such proceedings shall be commenced more than 3 years after—

• (a) the date of the commission of the offence, or

• (b) in the case of a continuing offence, the last date on which the offence was committed.

• (3C) Subsection (3) of section 136(time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for thepurposes of that section.

• (3D) For the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date onwhich evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidenceof that fact.

• (3E) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

• (4) Any byelaw made under either of the last two foregoing sections shall cease to have effect on the expiration of the period of 10 years beginning with the date on which it was made; but the Secretary of State may by order extend the period during which any such byelaw is to remain in force.

Power of Secretary of State to require the making of byelaws

73

• (1) The Secretary of State may by notice require Scottish Water to make byelaws under section 70 or 71 in relation to such matters as he may specify, and, in the case of byelaws made under section 71, he shall specify the area for which the byelaws are to be made, and if Scottish Water does not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.

• (2) If, after they have been in operation for a period of not less than three years, the Secretary of State considers unsatisfactory any byelaws made by Scottish Water under section 70 or 71 or any byelaws or regulations made by Scottish Water under any other enactment conferring power to make byelaws or regulations for purposes similar to the purposes for which byelaws may be made under either of the said sections, he may by notice require Scottish Water to revoke those byelaws or regulations and to make such new byelaws under section 70 or 71 as he considers necessary; and if Scottish Water does not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws or regulations and make such new byelaws under section 70 or 71 as he considers necessary.

• (3) Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by Scottish Water and confirmed by the Secretary of State.

Regulations to prevent waste, misuse or contamination of water

74

• (1) The Secretary of State may make regulations for any of the purposes for which byelaws may be made under section 70 (byelaws for the prevention of waste, misuse or contamination of water); and any such regulations shall have effect in substitution for any such byelaws in force immediately before the coming into force of these regulations.

• (2) Any reference in this Act to a byelaw made under the said section 70 (other than a reference in section 72(1), (2) and (4) to byelaws) shall include a reference to a regulation made under this section.

• (3) Regulations made under this section may be made so as to apply in all parts of Scotland or to apply only in such part or parts as may be specified in the regulations, and may contain different provisions for different parts, or for different circumstances in any such part.

Penalty for polluting water

75

• (1) If any person is guilty of any act or neglect whereby any spring, well or adit, the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption, is polluted or likely to be polluted, he shall be guilty of an offence.

• (2) Nothing in this section shall be construed as prohibiting or restricting—

• (a) any method of cultivation or use of land which is in accordance with the principles of good husbandry; or

• (b) the reasonable use of oil or tar on any public road, so long as the roads authority take all reasonable steps for preventing the oil or tar, or any liquid or matter resulting from the use thereof, from polluting any such spring, well or adit.

• (3) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—

• (a) on summary conviction, to a fine not exceeding £40,000 and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.

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

Acquisition of land for protection of water

76

• (1) For the purpose of any provision of this Act , or of the Water Industry (Scotland) Act 2002 (asp 3) , conferring power on Scottish Water to acquire land for the purposes of its undertaking or functions, there shall be deemed to be included among those purposes the purpose of protecting against pollution any water, whether on the surface or underground, which belongs to Scottish Water or which it is for the time being authorised to take.

• (2) Scottish Water may on any land belonging to it, or over or in which it has acquired the necessary servitudes or rights, construct or maintain drains, sewers, watercourses, catchpits and other works for intercepting, treating or disposing of any foul water arising or flowing upon that land, or for otherwise preventing water which belongs to Scottish Wateror which it is for the time being authorised to take from being polluted:

• (a) before constructing any such works Scottish Water shall, if the proposed works will affect any watercourses in a fishery district or which is subject to the jurisdiction of a navigation authority, consult with the fishery district board or the navigation authority concerned;

• (b) nothing in this subsection shall authorise Scottish Water to intercept or take any water which a navigation authority or any public undertakers are authorised by any enactment to take or use for the purposes of their undertaking without the consent of that navigation authority or those public undertakers.

• (3) Where Scottish Water proposes to construct any drain, sewer or water-course for the purposes mentioned in subsection (2) it may, with the consent of the roads authority concerned, which may be given subject to such conditions as the roads authority think fit, carry the drain, sewer or water-course under, across or along any road. . . , and such statutory provisions with respect to the breaking open of roads as are applicable to Scottish Water shall, with any necessary modifications and adaptations, apply accordingly:

• (4) A consent required for the purposes of subsection (2) or (3) shall not be unreasonably withheld nor shall any unreasonable conditions be attached to such a consent, and any question whether or not such a consent is unreasonably withheld or whether any condition which it is sought to impose is unreasonable shall in case of dispute be determined by arbitration.

Part VII — Powers to Supply Water During Drought

Obtaining supplies to meet drought

77

Supplying water by temporary means during a drought

78

• (1) If the Secretary of State is satisfied that by reason of an exceptional shortage of rain a serious deficiency of supplies of water in any locality exists or is threatened, he may, on the application of any water authority who supply water in that locality, make an order containing such provisions for any of the following purposes as appear to him to be expedient with a view to meeting the deficiency, that is to say—

• (a) for authorising the authority for a period not exceeding six months to supply water in any area within their limits of supply by means of stand-pipes or water tanks, and to erect or set up and maintain stand-pipes or water tanks in any street in that area,

• (b) for confirming any right to raise, charge and levy any water rate or minimum charge which might have been raised, charged and levied if there had been no interruption or diminution of the supply of water and for suspending or modifying any enactment or agreement so far as it relates to a failure to make normal supplies of water available in an area where water is being supplied by means of stand-pipes or water tanks, and

• (c) for applying in relation to any works to be carried out under the order such of the provisions contained in section 23 and Schedules 3 and 4 as appear to the Secretary of State to be appropriate, subject to such modifications and adaptations as may be specified in the order.

• (2) Any works to be carried out in the course of erecting or setting up stand-pipes or water tanks under this section shall be included in the definition of emergency works in section 39(1) of the Public Utilities Street Works Act 1950.

• (3) The provisions of Schedule 5 shall have effect in relation to the procedure to be followed in connection with the making of orders under the foregoing provisions of this section.

• (4) The Secretary of State may by order revoke any order made by him under this section.

Interpretation of Part VII

79

• (1) In this Part, except where the context otherwise requires—

• " compensation water " means water which any water authority are under an obligation to discharge into a river, stream, brook or other running water or into a canal as a condition of carrying on their undertakings ;

• " inland navigation " includes any canal or navigable river ;

• " obligation " includes an obligation imposed by an enactment or agreement and " restriction " has a corresponding meaning;

• " river purification authority " has the meaning assigned to it by the Rivers (Prevention of Pollution) (Scotland) Act 1951;

• " take", in relation to water, includes the collection, impounding, diversion and appropriation of water.

• (2) Any power of making orders under this Part shall be exercisable by statutory instrument and shall include power—

• (a) from time to time to extend a period specified in a previous order, but not so as to extend beyond a year any period which under this Act is not to exceed six months,

• (b) to vary a previous order in any other respect.

Part VIII — Water Development Boards

Central Scotland Water Development Board

80

• (1) The Central Scotland Water Development Board (in this Act referred to as “the Central Board”) established under section 3 of the Water (Scotland) Act 1967 shall continue to perform the functions assigned or transferred to them by or under that Act.

• (2) The area for which the Central Board is established shall comprise the limits of supply as water authorities of the Tayside, Fife, Lothian, Central and Strathclyde regional councils.

Functions of Central Board

81

• (1) The Central Board shall continue to perform the functions transferred to them on 16th May 1968 under section 4 of the Water (Scotland) Act 1967 from joint water boards whose limits of supply were comprised in their area and whose principal function was the supply of water in bulk to the constituent authorities of those boards.

• (2) There shall be assigned to the Central Board the function of developing new sources of water supply for the purposes of giving a supply of water in bulk to two or more water authorities whose limits of supply are comprised in the area of the Board.

Establishment of new water development boards

82

• (1) Subject to the provisions of this section, the Secretary of State may at any time by order—

• (a) designate an area for the purpose of establishing a new water development board (consisting of any part of Scotland, whether wholly or partly comprised in such an area already existing or not) and establish such a board; or

• (b) alter the area of any water development board, specified or designated by virtue of this Act.

• (2) Any order under this section may contain such transitional, incidental, supplementary and consequential provisions as the Secretary of State may consider necessary or expedient for the purposes of the order including (but without prejudice to the generality of this subsection) such provisions as he considers necessary or expedient with respect to the transfer of functions, assets and liabilities, the amendment, adaptation or repeal of local enactments, or the application (subject to such exceptions, adapations and modifications as may be specified in the order) of any of the provisions of this Act.

• (3) Where a new water development board are established by an order under this section, they shall have, in addition to any other functions assigned or transferred to them by the order, the like functions as the Central Board.

• (4) The provisions of Schedule 7 shall have effect in relation to the making of an order under this section.

Duty of water authorities and development boards to collaborate

83

• (1) Water authorities and water development boards shall, in matters of common interest in relation to the performance of their functions, consult together and collaborate.

• (2) Where a water authority or a water development board propose to investigate a potential new source of water supply, they shall give notice thereof as early as possible to any water authority or water development board likely to be interested so that the consultation required by the foregoing subsection may begin as soon as possible.

Constitution of water development boards

84

• (1) The members of a water development board shall be appointed from and by the constituent water authorities of which they are members.

• (2) The number of members of a water development board to be appointed by each constituent authority shall be two or such greater number as the Secretary of State may by order specify in relation to any constituent authority where he is satisfied that the greater number is necessary in view of special circumstances relating to that authority or their limits of supply.

• (3) In this Act, “constituent water authority”, in relation to a water development board, means a water authority any part of whose limits of supply is comprised in the area of that water development board.

• (4) The provisions of Schedule 8 shall have effect in relation to water development boards.

Requisitions

85

• (1) Each water development board shall in respect of any financial year determine the aggregate amount required to be requisitioned by the board under this Part from their contributing authorities.

• (2) Each water development board shall, by such date or dates as may be prescribed, cause a requisition in respect of any financial year to be sent to their contributing authorities requiring each of them to pay such sum as may be apportioned to each under the subsequent provisions of this Part, and each of those authorities shall, at such intervals and by such instalments as may be prescribed, pay over to the board the sum so requisitioned.

• (3) In this section “prescribed” means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.

Calculation of amount to be requisitioned by water development boards

86

For the purposes of a requisition referred to in section 85(1), the aggregate amount required to be raised from their constituent water authorities by a water development board for any financial year shall be apportioned in accordance with a scheme prepared and approved in accordance with the provisions of this Part and referred to as an “apportionment scheme”, and such aggregate amount shall be the sum by which the estimated expenditure of the water development board chargeable to the revenue account of their general fund exceeds the estimated income of that account, and there shall be added to, or as the case may be, deducted from that sum any sum required to be brought forward either as a debit or as a credit from a previous financial year.

Apportionment schemes

87

• (1) By such a date as the Secretary of State may specify a water development board shall prepare and submit to him a scheme for his approval as an apportionment scheme.

• (2) Such a scheme as aforesaid shall provide for an apportionment between the constituent water authorities of a water development board of the aggregate amount to be requisitioned from those authorities and shall have regard to the general principle that the amount to be requisitioned from each constituent authority is to be proportionate to the quantities of water supplied and expected to be supplied to that authority by the water development board.

Duration of scheme

88

When an apportionment scheme has been approved, with or without modifications, by the Secretary of State as an apportionment scheme, it shall come into operation on such a date and for such a period (if any) as may be specified in the apportionment scheme, and, where any period is so specified, the Secretary of State may approve an application for an extension of that period.

Revision of apportionment schemes

89

• (1) Where an apportionment scheme is for the time being in force in respect of a water development board, the board may apply to the Secretary of State for a revision of that scheme, and any such application shall include the submission for his approval of a new apportionment scheme prepared by the board either by way of variation of, or substitution for, the apportionment scheme in force at the time of the application.

• (2) The Secretary of State may require a water development board to make, by such a date as he may specify, such an application as aforesaid.

• (3) Sections 87(2) and 88 shall apply to a new apportionment scheme as it does to an apportionment scheme.

• (4) The reference in section 86 to an apportionment scheme in relation to any water development board shall be construed as a reference to an apportionment scheme which is for the time being in force in respect of requisitions made by that board.

Default by water development board on apportionment scheme

90

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.

Provision of services for water authorities and development boards

91

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.

Power of water development boards to promote or oppose private legislation

92

• (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.

Part IX — General

Obtaining of information as to underground water

93

• (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:

• (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.

False information

94

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.

Penalties for offences

95

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.

Trial of offences

96

Continuing offences and penalties

97

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.

Local inquiries

98

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.

Orders subject to special parliamentary procedure

99

• (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.

Orders

100

• (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 .

Regulations

101

• (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.

Expenses

102

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.

Notices to be in writing

103

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.

Appeal to sheriff-principal

104

• (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.

Reference to arbitration

105

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.

Supplementary provisions relating to determination of disputes

106

• (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.

Repeal, amendment and adaptation of local enactments

107

• (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.

Transitional provisions and savings

108

The transitional provisions and savings contained in Schedule 9 shall have effect.

Interpretation

109

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

Further provisions as to communication pipes, etc.

110

• (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;

• (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.

Saving for protective clauses in other Acts

111

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.

Amendments and repeals

112

• (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.

Short title and extent

113

• (1) This Act may be cited as the Water (Scotland) Act 1980.

• (2) This Act shall extend to Scotland only.

SCHEDULE 1

Part I

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

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

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

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