Water (Scotland) Act 1980

• (4) Where the constitution of a board is varied by order any members who are required by or under the order to vacate their office shall do so notwithstanding the foregoing provisions of this paragraph.

Vacation of office by members of boards

3

A member of a board may resign his office at any time by notice in writing signed by him and delivered to the proper officer of the board and the resignation shall take effect on such date as may be stated in the notice, or, if no date is so stated, three weeks after the delivery of the notice.

4

A member of a board shall vacate his office if he—

• (a) ceases to be a member of the constituent water authority from which he was appointed in pursuance of section 84, or

• (b) has, for a period of 12 consecutive months, been absent from meetings of the board, otherwise than by reason of illness or some other cause approved during that period by the board;

Appointments to fill casual vacancies

5

Where, for any reason whatsoever, the place of a member of a board becomes vacant before the end of his term of office, the vacancy shall be filled by the appointment of a new member by the constituent water authority by whom the vacating member was appointed.

Disqualification for, and re-appointment to, membership of boards

6

• (1) Subject to the following provisions of this paragraph, a person shall be disqualified for appointment as a member of a board if he is a paid officer or servant of the board.

• (2) For the purposes of the foregoing sub-paragraph, a person shall not be regarded as a paid officer or servant of a board by reason only that expenses incurred by him in the performance of his duties are defrayed by the board.

7

Subject to the provisions of this Act, a vacating member of a board shall be eligible for re-appointment.

First meetings of boards

8

The first meeting of a board shall be held on such day, and at such time and place, and shall be convened by such person as may be determined by the Secretary of State.

Chairman

9

The chairman of a board shall be elected by the board from the members of the board.

10

The election of the chairman shall be the first business transacted at the first meeting of the board and, thereafter, at the first meeting of the board held after each reconstitution of the board, and at any such meeting until the chairman is elected the person by whom under paragraph 8 the meeting was convened, or the proper officer of the board, as the case may be, shall preside.

Appointment of committees

11

• (1) A board may appoint from their number such committees for any such purpose as the board consider necessary or desirable.

• (2) A board may delegate to a committee appointed under this paragraph, with or without restrictions or conditions, as they think fit, any of the functions of the board.

Members of committees

12

The number of members of a committee appointed under this Schedule, and the terms of office of the members thereof, shall be fixed by the board.

Proceedings of boards and committees

13

The proceedings of a board, or of any committee appointed under this Schedule, shall not be invalidated by any vacancy in their number or by any defect in the appointment, or the qualification for appointment, of any person as a member, or as chairman or vice-chairman, of the board or committee.

14

• (1) A board may make standing orders with respect to—

• (a) the proceedings and conduct (including quorum, place of meeting and notices to be given of meetings) of the board or any committee appointed by the board under this Schedule; and

• (b) subject to paragraphs 9 and 10, the appointment of a chairman and a vice-chairman of the board or any such committee.

• (2) Subject to standing orders made under this paragraph, the proceedings of any committee appointed under this Schedule shall be such as the committee may determine.

15

At any meeting of a board or of a committee appointed under this Schedule, each member shall have one vote:

• (a) as to the appointment of the chairman of a board, the matter shall be decided by lot, and

• (b) in regard to any other matter, the chairman or other member presiding at the meeting shall have a casting vote as well as a deliberative vote.

16

The provisions of sections 38 to 42 of the Local Government (Scotland) Act 1973 (restrictions on voting) shall apply in relation to members of a board, or of any committee appointed under this Schedule, as those provisions apply in relation to members of local authorities, as if, for the references therein to the local authority, there were substituted references to the board.

17

• (1) Subject to the next following sub-paragraph, the minutes of proceedings of meetings of a board shall be open to the inspection of any local government elector in any part of the board’s area on payment of a fee not exceeding five pence, and any such local government elector may make a copy of, or extracts from, any such minutes.

• (2) The foregoing sub-paragraph does not apply to any part of such minutes which contains information with respect to any manufacturing process or trade secret obtained in the exercise of powers under this Act.

Authentication of documents

18

The provisions of section 194 of the Local Government (Scotland) Act 1973 (execution of deeds by local authority and use of seal) shall apply to a board as those provisions apply to a council as if for references therein to a council there were substituted references to the board.

19

• (1) Any notice or other document which a board are required or authorised to give, make or issue by or under this Act or any other enactment may be signed on behalf of the board by the proper officer of the board or by any other officer authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document and may be withdrawn by notice similarly authenticated, and any document purporting to bear the signature of the proper officer of the board, or of a person expressed to be duly authorised by them to sign such a document, or that particular document, shall be deemed, until the contrary is proved, to be duly given, made or issued by authority of the board.

• (2) In this paragraph the expression “signature” includes a facsimile of a signature by whatever process reproduced.

• (3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing sub-paragraphs, that sub-paragraph shall not apply in relation to that document or class of documents.

Officers and servants

20

A board shall appoint such officers and servants as the board think fit and may pay the officer and servants appointed by them such reasonable remuneration as they may determine.

21

The provisions of sections 66 (security to be taken in relation to officers), 67 (members of local authorities not to be appointed as officers) and 68 (disclosure by officers of interest in contracts) of the Local Government (Scotland) Act 1973 shall apply in relation to officers of a board and other persons as those provisions apply in relation to officers of a local authority and other persons, as if for any reference therein to the local authority there were substituted a reference to the board.

Expenses, subscriptions and contributions

22

A board may defray—

• (a) any expenses incurred in the reception and entertainment by way of official courtesy of—

• (i) distinguished persons residing in the area of the board, or visiting that area or any works outside the area operated by the board, or

• (ii) persons representative of, or connected with, other boards or similar services, whether inside or outside the United Kingdom,

or in the supply of information to any such persons;

• (b) any reasonable expenses incurred in connection with ceremonies connected with the performance by the board of any of their functions.

23

A board may pay reasonable subscriptions, whether annually or otherwise, or contributions to the funds—

• (a) of any association formed for the purpose of consultation as to the common interests of boards and the discussion of matters connected with the performance of functions of boards or similar services;

• (b) of associations of officers of boards or similar services, being associations formed for the purpose mentioned in the foregoing sub-paragraph,

and may make reasonable contributions for furthering research in matters with which boards and their officers are concerned.

General

24

The following provisions of the Local Government (Scotland) Act 1973 shall apply to a board for the purposes of this Act as those provisions apply to a local authority for the purposes of that Act—

• (a) section 81 (contracts of local authorities),

• (b) section 189(2) (legal proceedings),

• (c) section 190 (service of legal proceedings, notices, etc.),

• (d) section 191 (claims in sequestrations and liquidations),

• (e) section 192 (service of notices),

• (f) section 196 (misnomers),

• (g) section 208(1) (provisions as to Sundays, etc),

• (h) paragraph 7(1) of Schedule 7 (minutes of proceedings receivable in evidence).

25

In this Schedule “board” means a water development board, and “area” means the area of such a board; and “proper officer” in relation to any purpose and any board, means an officer appointed for that purpose by that board.

SCHEDULE 9

1

In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under that provision.

2

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

3

Any reference in any enactment or document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as a reference to the corresponding enactment in this Act.

4

• (1) Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

• (2) Where an offence, for the continuance of which a penalty may be provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the same manner as if the offence had been committed under the corresponding provision of this Act.

SCHEDULE 10

Part I — General

Any reference in any enactment, order, scheme, regulations, award or byelaws passed or made before the coming into operation of this Act to a local water authority shall, unless the context otherwise requires, be construed as a reference to a water authority.

Part II — Specific Enactments.

Fire Services Act 1947 (c. 41.)

In section 36(2), for the words " local water authority ", " 1946 " and " Fourth Schedule " there shall be substituted respectively the words " water authority " , " 1980 " and " Schedule 4 ".

Requisitioned Land and War Works Act 1948 (c. 17)

In section 18(3)(c), for the words " section 70 ", " Third Schedule " and " 1946 " there shall be substituted respectively the words " sections 95 and 96 " , " Schedule 3 " and " 1980 ".

Prevention of Damage by Pests Act 1949 (c. 55).

In section 7(4), for the words from " 55 " to " capacity) " there shall be substituted the words " 65 to 67 of the Water (Scotland) Act 1980 ",

and for the words " a local authority " where those words last occur in the subsection there shall be substituted the words " an islands or district council ".

Agricultural Holdings (Scotland) Act 1949 (c. 75)

In sections 70(2) and 82(1), for the words " 55 ", " 1946 ", " local authority " and " Part III " (wherever those words occur) there shall be substituted respectively the words " 65 " , " 1980 ", " islands or district council " and " Part V ".

Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)

In section 35(7), for the words " section fifty of the Water (Scotland) Act 1946 " and " said section fifty " there shall be substituted respectively the words " section 33 of the Water (Scotland) Act 1980 " and " said section 33 ".

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

Town and Country Planning (Scotland) Act 1959 (c. 70)

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

Water Officers Compensation Act 1960 (c. 15)

In section 1(1), in paragraphs (e) and (f), for the words " 2 or 4 ", " 1967 " and " section 5 of the said Act of 1967 " there shall be substituted respectively the words " 81 " , " 1980 " and " section 4 or 82 of the said Act of 1980 ".

Radioactive Substances Act 1960 (c. 34)

In Schedule 1, in paragraph 14, for the words " 60, 61 and 64 " and " 1946 " there shall be substituted respectively the words " 70, 71 and 75 " and " 1980 ".

Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)

In section 3(d), for the words " five "and " 1949 " there shall be substituted respectively the words " 42 " and " 1980 ".

Spray Irrigation (Scotland) Act 1964 (c. 90)

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

Airports Authority Act 1965 (c. 16)

In section 19(5), for the words " 1946 " and " local water authority " wherever those words occur there shall be substituted respectively the words " 1980 " and " water authority ".

Gas Act 1965 (c. 36)

In section 15(11)(d), for the word " 1946 " there shall be substituted the word " 1980 " .

In section 23(5), for the words " Acts 1946 and 1949 " there shall be substituted the words " Act 1980 " .

In section 28(1)—

In Schedule 3, in paragraph 9(b), for the words "21(1)" and " 1946 " there shall be substituted respectively the words " 17(1) " and " 1980 ".

Countryside (Scotland) Act 1967 (c. 86)

In section 63(1), (10) and (11), for the words " 1946", "61(6)", " 62 ", " 61 " and " 1967 " wherever those words occur there shall be substituted respectively the words " 1980 " , " 71(6) ", " 72 ", " 71 ", and " 1980 ".

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

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

Sewerage (Scotland) Act 1968 (c. 47)

In section 47, for the words " 55 ", " 56 ", " 57 ", " 1946 " and " Part III" (wherever those words occur) there shall be substituted respectively the words " 65 " , " 66 ", " 67 ", " 1980 " and " Part V ".

Civil Aviation Act 1971 (c. 75)

In Schedule 5, in paragraph 4(1), for the word " 1946 " there shall be substituted the word " 1980 " ; and in paragraph 4(2)(b), for the words " regional water board " and " 1967 " there shall be substituted respectively the words " water authority " and " 1980 ".

Town and Country Planning (Scotland) Act 1972 (c. 52)

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

Water Act 1973 (c. 37)

In section 38(1), for the word " 1967 " there shall be substituted the word " 1980 ".

Local Government (Scotland) Act 1973 (c. 65)

In section 106(1)(c), for the word " 1967 " there shall be substituted the word " 1980 " .

In section 111(1)(e), for the word " 1967 " there shall be substituted the word " 1980 " .

In section 112(6), for the word " 1949 " there shall be substituted the word " 1980 " .

In section 118(5), for the word " 1967 " there shall be substituted the word " 1980 " .

In section 121(1), for the words " 56(3) " and " 1946 " there shall be substituted respectively the words " 66(3) " and " 1980 ".

In section 202(1A), for the words " 60 or 61 " and " 1946 " there shall be substituted respectively the words " 70 or 71 " and " 1980 ".

In section 235(1), in the definition of " water authority ", for the words " 148 of this Act " there shall be substituted the words " 109(1) of the Water (Scotland) Act 1980 " .

In section 236(2), for paragraph (e) there shall be substituted—

Control of Pollution Act 1974 (c. 40)

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

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

Local Government (Scotland) Act 1975 (c. 30)

In Schedule 1, in paragraph 1(2), for the words " 148 of the Act of 1973 ", " 34 " and " 1967 " there shall be substituted respectively the words " 109(1) of the Water (Scotland) Act 1980 ", " 109(1)" and " 1980 ".

In Schedule 6, in paragraph 53(b), for the words " 60 or 61 " and " 1946 " there shall be substituted respectively the words " 70 or 71 " and " 1980 ".

Airports Authority Act 1975 (c. 78)

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

SCHEDULE 11

General duties of Secretary of State and of water authorities.

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

9A

• (1) Notwithstanding anything in section 9 of this Act, no charge may be made by Scottish Water in respect of—

• (a) water taken for the purpose of extinguishing fires or taken by the Scottish Fire and Rescue Service for any other emergency purposes;

• (b) water taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; or

• (c) the availability of water for any purpose mentioned in paragraph (a) or (b) above:

• (2) Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.

Compensation for damage resulting from exercise of powers.

Supply of water to premises outwith limits of supply.

13A

• (1) Scottish Water may, if for the time being it is satisfied that such supplies of water as are available to it are likely to be more than sufficient to enable it to fulfil its duties as respects the supply of water to premises in Scotland, enter into an agreement with any other person to give him, on such terms and conditions as it thinks and whether or not in bulk, a supply of water for use outwith Scotland.

• (2) For the purposes of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving a supply of water in pursuance of an agreement entered into under subsection (1) above, Scottish Water may exercise, . . . , the like powers with respect to laying mains or breaking open roads as are exercisable by it under this Act for the purposes of laying mains, but subject to the like conditions and obligations.

Power to break open streets.

24A

• (1) Scottish Water shall keep deposited at its principal office a map showing and distinguishing so far as is reasonably practicable all water mains, communication pipes and supply pipes which are vested in it by virtue of this Act or of the Water Industry (Scotland) Act 2002 (asp 3); and Scottish Water shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as Scottish Water may determine.

• (2) Scottish Water shall keep deposited at such of its offices, other than its principal office, as it considers appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and Scottish Water shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, it does in relation to the map mentioned in that subsection at its principal office.

• (3) For the purposes of subsection (2) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to Scottish Water to be appropriate having regard to the geographical location of that office.

24B

• (1) This section applies where, in relation to any premises (“the premises concerned”), the conditions specified in subsection (2) are satisfied.

• (2) The conditions referred to in subsection (1) are that—

• (a) Scottish Water is supplying or proposes to supply water to the premises,

• (b) such supply is or is to be by meter, and

• (c) there is a service pipe which is connected with a water main vested in Scottish Water and by which a supply of water is or could be provided to those premises.

• (3) Where this section applies, Scottish Water may serve a notice on the owner of the premises concerned requiring the execution, within such period of not less than 3 months as the notice shall specify, of such of the works mentioned in subsection (4) as the notice may specify.

• (4) The works referred to in subsection (3) are, in relation to the premises concerned—

• (a) works consisting of the installation and connection of any meter for use in determining the quantity of water supplied to the premises,

• (b) where a supply of water is or could be provided by the service pipe referred to in subsection (2)(c) to other premises as well as the premises concerned, works consisting of the installation, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for the premises concerned, but only to the extent that such a pipe will constitute a supply pipe and is not required to be laid in a road,

• (c) works for the purpose of maintaining, repairing, disconnecting or removing—

• (i) any meter which has been installed for use in determining the quantity of water supplied to the premises, or

• (ii) any pipes or apparatus installed in the course of any works specified in this section, and

• (d) any other works appearing to Scottish Water to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c), including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.

• (5) In the case of any of the works mentioned in paragraph (a) of subsection (4) and paragraph (c)(i) of that subsection so far as relating to maintenance and repair of a meter, Scottish Water may execute the works itself instead of requiring the owner, under subsection (3), to execute the works.

• (6) If an owner upon whom a notice has been served under subsection (3) fails to comply with it, Scottish Water may itself execute the works which the owner was required by the notice to execute.

• (7) Where Scottish Water has served a notice under that subsection requiring the execution of the works mentioned in paragraph (b) of subsection (4), it shall, within 14 days after those works have been executed, lay so much of the separate service pipe referred to in that paragraph as will constitute a communication pipe or a supply pipe to be laid in a road and shall make all necessary connections.

• (8) Scottish Water may recover from the owner of the premises concerned any expenses reasonably incurred by it in executing any works under subsection (5), (6) or (7).

• (9) Subsection (8) is without prejudice to the rights and obligations, as between themselves, of the owner and occupier of the premises.

Power to close, or restrict use of water from, polluted source.

Persons supplying water to supply to authority.

Power to execute work on behalf of owner or occupier.

41A

The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon—

• (a) the payment by the occupier of any reasonable charges made by Scottish Water under section 35 of this Act; and

• (b) the acceptance by him of such reasonable terms and conditions as may be published by Scottish Water under section 55(1) of this Act,

and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration.

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.

Regulations as to meters.

56A

The Secretary of State may make regulations under this Act as to the installation, connection, use, maintenance, authentication and testing of meters, and as to any related matters.

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

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

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

Power to restrict use of hose pipes.

Charges for water supplied by meter.

Byelaws for preventing pollution of water.

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

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

Regulations to prevent waste, misuse or contamination of water.

Part VIA — Quality of Water

Duties of water authorities with respect to water quality.

76A

• (1) It shall be the duty of Scottish Water—

• (a) when supplying water to any premises for domestic or food production purposes to supply only water which is wholesome at the time of supply; and

• (b) so far as reasonably practicable, to ensure, in relation to each source or combination of sources from which Scottish Water supplies water to premises for domestic or food production purposes, that there is, in general, no deterioration in the quality of the water which is supplied from time to time from that source or combination of sources.

• (2) For the purposes of this section and section 76B below and subject to subsection (3) below, water supplied by Scottish Water to any premises shall not be regarded as unwholesome at the time of supply where it has ceased to be wholesome only after leaving Scottish Water’s pipes.

• (3) For the purposes of this section where water supplied by Scottish Water to any premises would not otherwise be regarded as unwholesome at the time of supply, that water shall be regarded as unwholesome at that time if—

• (a) it has ceased to be wholesome after leaving Scottish Water’s pipes but while in a pipe which is subject to water pressure from a main or which would be so subject but for the closing of some valve; and

• (b) it has so ceased in consequence of the failure of Scottish Water , before supplying the water, to take such steps as may be prescribed for the purpose of securing the elimination or reduction to a minimum of any prescribed risk that the water would cease to be wholesome after leaving Scottish Water’s pipes.

• (4) The provisions of this section shall apply in relation to water which is supplied by Scottish Water whether or not the water is water which Scottish Water is required to supply by virtue of any provision of this Act.

Regulations for preserving water quality.

76B

• (1) The Secretary of State may by regulations require Scottish Water to take all such steps as may be prescribed for the purpose of securing compliance with section 76A above; and, without prejudice to the generality of that power, regulations under this subsection may impose an obligation on Scottish Water—

• (a) to take all such steps as may be prescribed for monitoring and recording whether the water which Scottish Water supplies to premises for domestic or food production purposes is wholesome at the time of supply;

• (b) to take all such steps as may be prescribed for monitoring and recording the quality of the water from any source, or combination of sources, which Scottish Water uses or is proposing to use for supplying water to any premises for domestic or food production purposes;

• (c) to ensure that a source which Scottish Water is using or proposing to use for supplying water for domestic or food production purposes is not so used until prescribed requirements for establishing the quality of water which may be supplied from that source have been complied with;

• (d) to keep records of the localities within which all the premises supplied with water for domestic or food production purposes by Scottish Water are normally supplied from the same source or combination of sources;

• (e) to comply with prescribed requirements with respect to the analysis of water samples or with respect to internal reporting or organisational arrangements.

• (2) Without prejudice to subsection (1) above, the Secretary of State may by regulations make provision with respect to the use by Scottish Water , for the purposes of or in connection with the carrying out of its functions, of such processes and substances, and of products that contain or are made with such substances or materials, as he considers might affect the quality of any water; and, without prejudice to the generality of that power, regulations under this subsection may—

• (a) forbid the use by Scottish Water of processes, substances and products which have not been approved under the regulations or which contravene the regulations;

• (b) for the purposes of provision made by virtue of paragraph (a) above, require processes, substances and products used by Scottish Water to conform to such standards as may be prescribed by or approved under the regulations;

• (c) impose such other requirements as may be prescribed with respect to the use by Scottish Water of prescribed processes, substances and products;

• (d) provide for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations, for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition;

• (e) impose obligations to furnish prescribed persons with information reasonably required by those persons for the purpose of carrying out functions under the regulations;

• (f) provide for a contravention of the regulations to constitute—

• (i) an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed; or

• (ii) an offence triable either summarily or on indictment and punishable, on summary conviction, by a fine not exceeding the statutory maximum and, on conviction on indictment, by a fine; and

• (g) require prescribed charges to be paid to persons carrying out functions under the regulations.

• (3) The Secretary of State may by regulations require Scottish Water—

• (a) to publish information about the quality of water supplied for domestic or food production purposes to any premises by Scottish Water ; and

• (b) to provide information to prescribed persons about the quality of water so supplied.

• (4) Regulations under subsection (3) above—

• (a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

• (b) may require the provision of information by Scottish Water to any person to be free of charge or may authorise it to be subject to the payment by that person to Scottish Water of a prescribed charge; and

• (c) may impose such other conditions on the provision of information by Scottish Water to any person as may be prescribed.

Offence of supplying water unfit for human consumption.

76C

• (1) Subject to subsection (4) below, where Scottish Water supplies water by means of pipes to any premises and that water is unfit for human consumption Scottish Water shall be guilty of an offence and liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to a fine.

• (2) Where an offence under this section is proved to be attributable to any neglect on the part of an employee of Scottish Water , he as well as Scottish Water shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (3) For the purposes of subsection (2) above, the penalty on conviction on indictment shall include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.

• (4) In any proceedings for an offence under this section it shall be a defence to show that—

• (a) there were no reasonable grounds for suspecting that the water would be used for human consumption; or

• (b) all reasonable steps had been taken and all due diligence exercised for securing that the water was fit for human consumption on leaving the pipes or was not used for human consumption.

Provision of water where piped supplies insufficient or unwholesome.

76D

• (1) Where—

• (a) it is not practicable at reasonable cost for Scottish Water , by supplying water in pipes, to provide or maintain such a supply of wholesome water to any particular premises in its limits of supply as (so far as those premises are concerned) is sufficient for domestic purposes;

• (b) it is practicable at reasonable cost for Scottish Water to provide such a supply to those premises otherwise than in pipes;

• (c) the insufficiency or unwholesomeness of the supply of water for domestic purposes to those premises is such as to cause a danger to life or health; and

• (d) the local authority in whose area those premises are situated notify Scottish Water of that danger and require Scottish Water to provide a supply otherwise than in pipes, it shall be the duty of Scottish Water , for such period as may be required by that local authority, to provide any supply to those premises which it is practicable at reasonable cost to provide otherwise than in pipes and which it is required to provide by that local authority.

• (2) Where under subsection (1) above a local authority require the provision by Scottish Water of a supply of water to any premises, that local authority—

• (a) shall be liable to Scottish Water for any charges payable in respect of the provision of that supply; but

• (b) shall have power to recover the whole or any part of any charges paid by virtue of this subsection from the owner or occupier of the premises to which the supply is provided.

• (3) In this section references to the provision of a supply of water to any premises otherwise than in pipes shall have effect, in a case in which it is practicable at reasonable cost to provide a supply (whether or not in pipes) to a place within a reasonable distance of those premises, as including references to the provision of a supply to that place.

Enforcement of sections 76A to 76D.

76E

• (1) This section applies to enforcement of the duties of Scottish Water under sections 76A and 76D(1) and under regulations made under section 76B.

• (2) Without prejudice to its generality, section 11 above (power of Secretary of State to make a default order) shall have effect, subject to the following provisions of this section, for the enforcement by the Secretary of State of the duties referred to in subsection (1) above.

• (2A) The reference in subsection (2) of section 11 to “such a failure on the part of Scottish Water” is to be construed as a reference to a failure by Scottish Water in any of the duties referred to in subsection (1) above.

• (3) The Secretary of State may make an order under subsection (2) of section 11 without having caused a local inquiry to be held into the matter.

• (3A) Before making an order under subsection (2) of section 11, the Scottish Ministers must consult the Drinking Water Quality Regulator for Scotland.

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

Acquisition of land for protection of water.

76F

• (1) It shall be the duty of every local authority to take all such steps as they consider appropriate for keeping themselves informed about the wholesomeness and sufficiency of water supplies provided to premises in their area, including every private supply to any such premises.

• (2) It shall be the duty of a local authority to notify Scottish Water and the Drinking Water Quality Regulator for Scotland of anything appearing to the local authority to suggest—

• (a) that any supply by Scottish Water of water for domestic or food production purposes to any premises in the area of that local authority is, has been, or is likely to become unwholesome or (so far as any such premises are concerned) insufficient for domestic purposes;

• (b) that the unwholesomeness or insufficiency of any such supply is, was or is likely to be such as to cause a danger to life or health; or

• (c) that the duty imposed on Scottish Water by virtue of section 76A(1)(b) above is being, has been or is likely to be so contravened as to affect any supply of water to premises in that area;

and it shall be the duty of a local authority to require the provision of a supply in pursuance of section 76D above whenever, in a case falling within paragraph (a) of subsection (1) of that section, they are satisfied, in relation to any premises in their area, as to the matters specified in paragraphs (b) and (c) of that subsection.

• (3) Where a local authority have notified Scottish Water of any such matter as is mentioned in subsection (2) above, it shall be the duty of that local authority, if they are not satisfied that all such remedial action as is appropriate will be taken by Scottish Water, to notify the Drinking Water Quality Regulator for Scotland of that fact and , to inform the Secretary of State about the contents of the notification.

• (4) It shall be the duty of a local authority to comply with any direction given by the Secretary of State to that local authority or to local authorities generally as to—

• (a) the cases and circumstances in which they are or are not to exercise any of the powers conferred on them by this Part in relation to private supplies; and

• (b) the manner in which those powers are to be exercised.

• (5) Without prejudice to subsection (7) below, the Secretary of State may by regulations make such provision, supplementing the foregoing provisions of this section, as he considers appropriate for—

• (a) imposing duties and conferring powers on local authorities with respect to the acquisition of information about the quality and sufficiency of water supplies provided to premises in their areas; and

• (b) regulating the performance of any duty imposed by or under this section.

• (6) Without prejudice to the generality of subsection (5) above, regulations under that subsection may—

• (a) prescribe the matters to be taken into account by a local authority in determining, for the purposes of subsection (1) above, what is appropriate;

• (b) provide, for the purposes of the exercise or performance of any power or duty conferred or imposed on a local authority by or under this section, for such samples of water to be taken and analysed at such times and in such manner as may be prescribed;

• (c) authorise local authorities to exercise or perform any such power or duty through prescribed persons;

• (d) provide for the recovery by a local authority, from prescribed persons, of such amounts as may be prescribed in respect of expenses reasonably incurred by the authority in the exercise of any such power or the performance of any such duty.

• (7) The Secretary of State may by regulations require a local authority—

• (a) to publish information about the quality of private supplies of water for domestic or food production purposes to any premises in their area; and

• (b) to provide information to prescribed persons about the quality of water so supplied.

• (8) Regulations under subsection (7) above—

• (a) shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

• (b) may require the provision of information by a local authority to any person to be free of charge or may authorise it to be subject to the payment by that person to the authority of a prescribed charge; and

• (c) may impose such other conditions on the provision of information by a local authority to any person as may be prescribed.

Remedial powers of local authorities in relation to private supplies.

76G

• (1) Subject to the following provisions of this section, where a local authority are satisfied in relation to any premises in their area which are supplied with water for domestic or food production purposes by means of a private supply—

• (a) that any water which is being, has been or is likely to be supplied for those purposes to those premises by means of that private supply is not, was not or, as the case may be, is likely not to be wholesome; or

• (b) that that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic purposes,

the local authority may serve a notice in relation to that private supply on one or more of the relevant persons.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A notice under this section in relation to a private supply of water to any premises shall—

• (a) give particulars of the matters mentioned in subsection (1) above in respect of which the notice is served;

• (b) specify the steps which, in the opinion of the local authority serving the notice, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;

• (c) 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 that local authority; and

• (d) state the effect in relation to that notice of section 76H(2) and (3) below.

• (3) Subject to section 76H below, where a local authority serve a notice under this section on any relevant person they may do one or more of the following, that is to say—

• (a) by that notice designate as steps to be taken by the authority themselves such of the steps specified in the notice as they consider it appropriate to so designate;

• (b) by that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;

• (c) by that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to that authority such payments as may be so determined in respect of expenses reasonably incurred by that other person or that authority in taking any step specified in the notice;

• (d) by that notice undertake from time to time to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.

• (4) The power of a local authority to serve a notice under this section specifying the steps which are required to be taken in relation to any source from which a private supply is provided both to premises in the area of that authority and to premises in the area of another local authority shall be exercisable only where—

• (a) the other authority consent to the service of the notice; or

• (b) the authorities act jointly in exercising their respective powers under this section in relation to that source.

• (5) The powers conferred by this section and section 76H below shall be so exercised in relation to a private supply of water to any premises where there is no house as to secure that no local authority are required to bear any of the expenses incurred (whether by the authority or by any other person) in taking any steps for ensuring that the supply is wholesome which are specified in any notice under this section.

• (6) The steps that a relevant person may be required by a notice under this section to take in relation to any premises shall include—

• (a) requiring a supply of water to be provided to those premises by Scottish Water or by any other person; and

• (b) taking such steps for the purpose of securing that such a requirement is complied with, and of enabling such a supply to be so provided, as may be specified in the notice.

• (7) For the purposes of this section and section 76H below the relevant persons, in relation to a private supply of water to any premises in the area of a local authority, are the owners and occupiers of those premises and (whether or not the source of the private supply is in that authority’s area) the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source.

Acquisition of land for protection of water.

76H

• (1) Subject to subsection (2) below, a notice served by a local authority under section 76G above shall not take effect until the end of the period specified in the notice as the period within which representations or objections with respect to the notice must be received by that authority.

• (2) Where any written representation or objection with respect to a notice by a local authority under section 76G above is received by the authority, before the end of the period specified in the notice, from a person on whom the notice was served, that notice shall not take effect unless—

• (a) the notice is submitted by the authority to the Secretary of State and is confirmed by him either with or without modifications; or

• (b) the representation or objection is withdrawn.

• (3) If a local authority submit a notice under section 76G above to the Secretary of State for confirmation, the Secretary of State—

• (a) shall consider whether the notice should be confirmed and whether, if it is confirmed, it should be confirmed with or without modifications;

• (b) may, with respect to the matters specified in the notice or any proposed modification of it, direct the local authority to serve a notice under section 76G above, in such terms as may be specified in the direction, on any relevant person who has not previously been so served;

• (c) may, for the purposes of paragraph (a) or (b) above—

• (i) cause a local inquiry to be held; or

• (ii) afford to the local authority and to every person who has made representations or objections with respect to the notice or a proposed direction under paragraph (b) above an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose;

and

• (d) may, if he is satisfied that the person on whom any notice to be served in pursuance of a direction under paragraph (b) above has had a proper opportunity of having his representations or objections with respect to the proposal for the direction considered, dispense in relation to the notice so served with the provisions of subsections (1) and (2) above and of section 76G(2)(c) and (d) above.

• (4) Where the Secretary of State confirms a notice under section 76G above (whether with or without modifications)—

• (a) he, or if he so directs, the local authority concerned shall serve notice of that confirmation on every person originally served with the notice under that section; and

• (b) that notice shall take effect, with any modifications made by the Secretary of State, at such time as may be specified in the notice served under this subsection.

• (5) Where any relevant person who is required by virtue of a notice under section 76G above to take any step in relation to any premises fails to take that step within the period specified in the notice, the authority which served the notice —

• (a) may, except where the case is one to which paragraph (b) below applies, take that step themselves in accordance with any applicable provision having effect by virtue of section 76I below; and

• (b) may, in a case to which this paragraph applies, take that step themselves and for that purpose exercise the powers which Scottish Water may, under this Act, exercise for the purpose of its water undertaking.

• (5A) Paragraph (b) of subsection (5) above applies to any case where the local authority are satisfied that the failure arose because the person was unable on reasonable terms to acquire any necessary rights—

• (a) to take water from a suitable source;

• (b) to lay pipes through any land not belonging to him; or

• (c) to do any other work.

• (6) Where any step is taken by a local authority in relation to any premises by virtue of subsection (5) above—

• (a) the authority may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the authority in taking that step; and

• (b) for the purposes of any requirement under which payments are required to be made to that person by any person other than the authority, sums paid by virtue of paragraph (a) above in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.

• (7) Nothing in this Act shall confer any right of action on any person in respect of any loss or damage sustained by that person in consequence of the failure by any other person to take any step specified in a notice under section 76G above; but any sum required to be paid to any person by virtue of any requirement or undertaking contained in such a notice shall be recoverable by that person from the person who is required to pay it.

• (8) Any requirement which is imposed by virtue of a notice under section 76G above on the owner or occupier of any premises and is expressed to bind those premises in relation to the owners or occupiers from time to time shall bind successive owners or, as the case may be, occupiers of those premises .

• (9) Subject to subsection (10) below, a local authority may by notice served on any person modify or revoke the effect in relation to that person of any notice under section 76G above or this subsection (including a notice which has been confirmed, with or without modifications, by the Secretary of State).

• (10) Section 76G(2)(c) and (d) and subsections (1) to (4) above shall apply, as they apply in relation to a notice under section 76G above, in relation to any notice served by a local authority on any person under subsection (9) above except where the notice—

• (a) extends the period within which any step is required to be taken by that person; or

• (b) discharges, postpones or abates any obligation of that person to make a payment to the local authority.

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

76HA

• (1) In their application to a private supply which is a supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply, sections 76G and 76H above have effect subject to the modifications in subsections (2) and (3).

• (2) In section 76G–

• (a) in subsection (1), for “water for domestic or food production purposes” substitute “water intended for human consumption (within the meaning of the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017)”;

• (b) in subsection (2)(d), for “section 76H(2) and (3)” substitute “ section 76H(2), (3) and (11) ”;

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

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

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

• (e) for subsection (7), substitute–

(7) For the purposes of this section and section 76H below a “relevant person”, in relation to a private supply which is a supply of water to which the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 apply, has the same meaning as it has in those Regulations.

; and

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

• (3) In section 76H, after subsection (10), insert–

(11) Any relevant person on whom a notice is served under section 76G 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.

.

Incidental powers of local authorities.

76I

• (1) Subject to subsections (5) and (6) below, a local authority may serve on any person a notice requiring him to furnish that authority, within a period or at times specified in the notice and in a form and manner so specified, with such information as is reasonably required by that authority for the purpose of exercising or performing any power or duty conferred or imposed on that authority by or under any of sections 76F to 76H above.

• (2) Subject to subsection (6) below, any person designated in writing for the purpose by any local authority may—

• (a) enter any premises for the purpose, in relation to any private supply, of—

• (i) determining whether, and if so in what manner, any power or duty conferred or imposed on that authority by or under any of sections 76F to 76H above should be exercised or performed; or

• (ii) exercising any such power or performing any such duty;

• (b) enter any premises to which a supply of water is provided by Scottish Water for the purpose, in relation to a supply so provided, of determining whether, and if so in what manner, such a power should be exercised or such a duty performed or of exercising such a power or performing such a duty; or

• (c) carry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as the local authority—

• (i) consider appropriate for the purposes of any such power or duty; and

• (ii) have authorised that person to carry out or take away,

and the provisions of subsections (3) to (7) of section 38 shall apply to the right of entry given by this subsection to any person designated by a local authority as they apply to the right of entry of an authorised officer of Scottish Water .

• (3) Entry into any premises shall not be demanded as of right by virtue of this section except—

• (a) in an emergency, or

• (b) at a reasonable time and after 24 hours’ notice of the intended entry has been given to the occupier of the premises.

• (4) The Secretary of State may by regulations make provision for restricting the information which may be required under subsection (1) above and for determining the form in which the information is to be so required.

• (5) A person who fails to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale; and it shall be a defence for a person charged with an offence under this subsection to show that he had a reasonable excuse.

• (6) The foregoing provisions of this section do not apply as respects, but are without prejudice to the exercise of, a power conferred by section 76H(5)(b) above.

Standards of wholesomeness.

76J

• (1) The Secretary of State may by regulations make provision that water that is supplied to any premises is or is not to be regarded as wholesome for the purposes of this Act if it satisfies or, as the case may be, fails to satisfy such requirements as may be prescribed.

• (2) Without prejudice to the generality of subsection (1) above, regulations under this section may, for the purpose of determining the wholesomeness of any water—

• (a) prescribe general requirements as to the purposes for which the water is to be suitable;

• (b) prescribe specific requirements as to the substances that are to be present in or absent from the water and as to the concentrations of substances which are or are required to be present in the water;

• (c) prescribe specific requirements as to other characteristics of the water;

• (d) provide that the question whether prescribed requirements are satisfied may be determined by reference to such samples as may be prescribed;

• (e) enable the Secretary of State to authorise such relaxations of and departures from the prescribed requirements (or from any of them) as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition; and

• (f) enable the Secretary of State to authorise a local authority (either instead of the Secretary of State or concurrently with him) to exercise in relation to a private supply any power conferred on the Secretary of State by regulations made by virtue of paragraph (e) above.

76K

• (1) The Secretary of State may by regulations provide that the provisions of this Part shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom

• (b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.

• (2) In this section—

• “modifications” includes additions, alterations and omissions; and

• “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

76L

• (1) In this Part—

• “analyse”, in relation to any sample of land or water, includes subjecting the sample to a test of any description, and cognate expressions shall be construed accordingly;

• “domestic distribution system” has the same meaning as it has in the Public Water Supplies (Scotland) Regulations 2014;

• “food production purposes” shall be construed in accordance with subsection (1A) below;

• ...

• “micro-organism” includes any microscopic biological entity which is capable of replication;

• “private supply” means, subject to subsection (2) below, a supply of water provided otherwise than by Scottish Water (including a supply provided for the purposes of the bottling of water) and cognate expressions shall be construed accordingly;

• ...

• “responsible person” has the meaning given by section 76FB(2) above;

• “substance” includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;

• ...

• (1A) In this Part references to food production purposes are references to the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used; and in this subsection ’food production premises’ means premises used for the purposes of a business of preparing food or drink for consumption ... .

• (2) For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.

• (3) The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises in question.

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

Appeal to sheriff-principal.

Transitional provisions and savings.

General functions of local authorities in relation to water quality.

Saving for protective clauses in other Acts.

Orders made by the Secretary of State under section 17(2) and (if made on application of water authority or water development board) sections 19, 29(2) and 107(1)).

Orders made by the Secretary of State under section 13(2) and (if no application by the water authority or water development board) sections 19 and 29(2).

Agreements made by water authorities or water development boards under section 17

Byelaws made by water authorities or water development boards under sections 70 and 71

Provisions as to breaking open streets, etc.

Power to break open streets.

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

Provisions as to laying communication and supply pipes, etc.

Power to lay service pipes, etc.

Laying of supply pipes, etc.

Laying of communication pipes, etc.

Power to enter

Interpretation.

Definitions, etc.

Limit on powers of undertakers to take water.

Part IV — Minerals Underlying Waterworks

Undertakers not entitled to underlying minerals unless expressly purchased.

21A

The Scottish Ministers may by regulations make provision as to—

• (a) the persons (other than Scottish Water) from whom; or

• (b) the circumstances in which,

the Scottish Fire and Rescue Service may recover costs defrayed under section 21 of this Schedule.

Part VI — Constancy and pressure of supply

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

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

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 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 15(11)(d), for the word “1946” there shall be substituted the word “ 1980 ”.

In section 23(5) for the words “Acts 1946 and 1949” there shall be substituted the words “ Act 1980 ”.

In section 28(1)—

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 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 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 ”.

Editorial notes