Acts of the Scottish Parliament

2005 asp 3

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th February 2005 and received Royal Assent on 17th March 2005

An Act of the Scottish Parliament to establish the Water Industry Commission for Scotland; to create offences in relation to the unauthorised use of the public water and sewerage systems; to provide for licensing the provision of certain water and sewerage services; to amend the system for fixing charges for services provided by Scottish Water; to make provision as to Scottish Water's functions; to make provision in relation to coal mine water pollution; and for connected purposes.

(a) Scottish Water; or

(b) another person if (and to the extent that) the person is acting on behalf of Scottish Water or under its authority.

(a) specify other circumstances in which subsection (1), (2) or (3) does not apply; or

(b) specify that subsection (1), (2) or (3) does not apply-

(i) to such other person or to such category of person; and

(ii) to such extent and subject to such conditions,

as may be specified in the regulations.

(a) Scottish Water;

(b) the Commission; and

(c) such other persons as they consider appropriate,

(a) on summary conviction, to a fine not exceeding £20,000; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

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

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

(a) Scottish Water; or

(b) another person if (and to the extent that) the person is acting on behalf of Scottish Water or under its authority.

(a) specify other circumstances in which subsection (1), (2) or (3) does not apply; or

(b) specify that subsection (1), (2) or (3) does not apply-

(i) to such other person or to such category of person; and

(ii) to such extent and subject to such conditions,

as may be specified in the regulations.

(a) Scottish Water;

(b) the Commission; and

(c) such other persons as they consider appropriate,

(a) on summary conviction, to a fine not exceeding £20,000; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

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

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

(a) to-

(i) make arrangements with the occupier of any eligible premises for or in relation to the supply of water to the premises through the public water supply system; and

(ii) fix, demand and recover charges for or in relation to the supply of water to any premises in respect of which the person has made such arrangements; and

(b) to make such arrangements with Scottish Water and such other persons as are necessary for the purposes of or in connection with the things mentioned in paragraph (a).

(a) to-

(i) make arrangements with the occupier of any eligible premises for or in relation to the provision of sewerage to, or the disposal of sewage from, the premises through the public sewerage system; and

(ii) fix, demand and recover charges for or in relation to the provision of sewerage to, and disposal of sewage from, any premises in respect of which the person has made such arrangements; and

(b) to make such arrangements with Scottish Water and such other persons as are necessary for the purposes of or in connection with the things mentioned in paragraph (a).

(a) knowledge, expertise and experience; and

(b) financial acumen and business viability,

(a) must be in writing; and

(b) unless revoked or suspended, continues in force for such period as may be specified in or determined by or under the licence.

(a) the applicant; and

(b) Scottish Water.

(a) the person to whom it is granted; and

(b) Scottish Water.

(a) monitor compliance with the terms and conditions of water services licences and sewerage services licences; and

(b) take such steps as it considers are necessary for the purposes of ensuring that the terms and conditions of such licences are complied with.

(a) the matters relating to water services and sewerage services licences in respect of which fees are payable; and

(b) the amounts of fees payable (and, as appropriate, the persons by whom they are payable) in respect of each of those matters.

(a) impose on licence-holders fees by way of annual levies; and

(b) specify fees by reference to maximum amounts.

(a) make different provision for different cases or types of case;

(b) revoke or amend a previous scheme.

(a) send any fees scheme to the Scottish Ministers for approval; and

(b) publish a summary of the scheme (and, in doing so, invite representations for the purposes of subsection (7)).

(a) must have regard to any representations about a fees scheme which are made to them within 4 weeks of publication of the summary of it under subsection (6)(b); and

(b) may approve a fees scheme with or without modifications.

(a) must-

(i) make arrangements for allowing any person to obtain a copy of the scheme on payment of such reasonable fee (if any) as the Commission may determine; and

(ii) publicise those arrangements and publish the scheme; and

(b) may charge and recover fees in accordance with the scheme.

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

(b) on indictment, to a fine.

(a) in an orderly manner; and

(b) in a manner that is not detrimental to the exercise of Scottish Water's core functions,

(a) Scottish Water; or

(b) any-

(i) water services or sewerage services provider; or

(ii) person in whose favour it intends to grant a water services or sewerage services licence,

(a) any costs attributable to the participation of water services and sewerage services providers in the provision of water and sewerage services; and

(b) the provision or exchange of information about customers of water services or sewerage services providers.

(a) take such steps for the purposes of or in connection with-

(i) the establishment and development of the undertaking; and

(ii) Scottish Water's interest in the undertaking,

as the Scottish Ministers may specify; and

(b) take the steps, or any particular steps, by such date as they may specify.

(a) to be-

(i) a subsidiary (to be construed in accordance with section 736 of the Companies Act 1985 (c.6)) of Scottish Water;

(ii) a company (within the meaning of that Act) formed by Scottish Water (on its own or with others); or

(iii) a partnership; or

(b) to be established through such other arrangements as Scottish Water considers it appropriate to make.

(a) to become a water services provider and a sewerage services provider; and

(b) thereafter, to perform the activities authorised by the water services and sewerage services licences held by it.

(a) as regards an initial application by the undertaking for a licence; and

(b) following such an application, as regards the granting of the licence and the incorporation in it of conditions,

(a) in relation to services as respects the supply of water, other water services providers; and

(b) in relation to services as respects the provision of sewerage and the disposal of sewage, other sewerage services providers.

(a) may, with the consent of Scottish Water, borrow from the Scottish Ministers (and they may lend to it) sums of such amounts as the Scottish Ministers may determine;

(b) may not, except as described in subsection (4)(b), borrow money from any other person apart from Scottish Water.

(a) any repayments made during that year, otherwise than by way of interest, in respect of sums borrowed in that or any other year; and

(b) any sums borrowed, with the consent of Scottish Water, by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.

(a) payments of such amounts as they may so specify in or towards repayment of those sums; and

(b) payments of interest, at such rate as they may so specify, on the amount outstanding for the time being in respect of those sums.

(a) grants under subsection (1) may be made;

(b) loans under subsection (2)(a) may be made;

(c) guarantees under subsection (6) may be given; and

(d) subscriptions for share or loan capital under subsection (9) may be made,

(a) is not terminated by the transfer; and

(b) has effect from the date of transfer as if originally made between the person and the undertaking.

(a) all the rights, powers, duties and liabilities of Scottish Water under or in connection with the person's contract of employment are transferred to the undertaking on the date of transfer; and

(b) anything done before that date by or in relation to Scottish Water in respect of the person or that contract is to be treated from that date as having been done by or in relation to the undertaking.

(a) to such extent; and

(b) subject to such conditions,

(a) has effect in relation to any property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or prohibit the transfer of the property or liabilities; and

(b) has the effect of vesting in the undertaking any property or liabilities to which it applies.

(a) applications by the undertaking for water services and sewerage services licences; and

(b) the performance by the undertaking of its activities.

(a) ceases if-

(i) the arrangements mentioned in subsection (1) have come to an end (unless the duty is continued under section 17(1)); or

(ii) the supply is discontinued under section 18; and

(b) may be superseded by a new duty under subsection (2).

(a) ceases if the provision or (as the case may be) disposal is discontinued under section 20; and

(b) may be superseded by a new duty under subsection (5).

(a) water is supplied to premises by Scottish Water under subsection (2) of section 16; and

(b) the arrangements for the supply of water (made between the occupier of the premises and the water services provider who made the related request under subsection (1) of that section in respect of the premises) have come to an end-

(i) by reason of the revocation or suspension of the licence held by the provider; or

(ii) for any other reason (except where the supply is discontinued under section 18),

(a) it is superseded by a new duty under subsection (2) of section 16; or

(b) the occupier of the premises notifies Scottish Water that the supply of water is not required.

(a) the occupier of the premises;

(b) Scottish Water; and

(c) the Commission.

(a) the provisions of the code made under section 19 are complied with; and

(b) any supply of water to-

(i) the premises for domestic purposes; or

(ii) any other premises for any purpose,

is not adversely affected by the discontinuation.

(a) circumstances in which requests under subsection (1) of section 18 may (or may not) be made; and

(b) conditions (in addition to the condition mentioned in subsection (6)(b) of that section) which are to be satisfied before Scottish Water is required under subsection (5) of that section to discontinue a supply of water to premises.

(a) make different provision for different cases or types of case;

(b) revoke or amend a previous code.

(a) Scottish Water;

(b) every water services provider and sewerage services provider;

(c) the Convener of the Water Customer Consultation Panels (representing the Panels as a whole);

(d) the Drinking Water Quality Regulator for Scotland; and

(e) such other persons as the Commission considers appropriate.

(a) make arrangements for allowing any person to obtain a copy of the code on payment of such reasonable fee (if any) as the Commission may determine; and

(b) publicise those arrangements and publish the code.

(a) trade effluent services are provided to premises by Scottish Water under subsection (5) of section 16; and

(b) the arrangements for the provision of the services (made between the occupier of the premises and the sewerage services provider who made the related request under subsection (4) of that section in respect of the premises) have come to an end-

(i) by reason of the revocation or suspension of the licence held by the provider; or

(ii) for any other reason (except where the services are discontinued under subsection (10)),

(a) it is superseded by a new duty under subsection (5) of section 16; or

(b) the occupier of the premises notifies Scottish Water that the trade effluent services are not required.

(a) the occupier of the premises;

(b) Scottish Water; and

(c) the Commission.

(a) any provision of sewerage to, or disposal of sewage from-

(i) the premises for a purpose otherwise than in respect of trade effluent; or

(ii) any other premises for any purpose,

is not adversely affected by the discontinuation; and

(b) there is no likely risk to public health arising in consequence of the discontinuation.

(a) in subsection (1), for the words "The Scottish Ministers may by order" there is substituted "A charges scheme must also";

(b) in subsection (3), for the words "An order under this section" there is substituted "In relation to maximum charges fixed by virtue of subsection (1), the charges scheme"; and

(c) in subsection (4)-

(i) for the words "an order under this section" there is substituted ", by virtue of subsection (1), a charges scheme"; and

(ii) for the word "order" in the second place where it appears there is substituted "scheme".

(a) in subsection (4)-

(i) for the words "Secretary of State" there is substituted "Water Industry Commission for Scotland"; and

(ii) for the word "his" there is substituted "its";

(b) after that subsection there is inserted-

(c) subsection (5) is repealed; and

(d) in subsection (6), for the words "subsections (3C) and (5)" there is substituted "subsection (3C)".

(a) in subsection (3)-

(i) for the words "Secretary of State" there is substituted "Water Industry Commission for Scotland"; and

(ii) for the word "his" there is substituted "its"; and

(b) after that subsection there is inserted-

(a) smells and discharges;

(b) insects; or

(c) any other thing,

(a) guidance as to the best practicable means of assessing, controlling and minimising sewerage nuisance; and

(b) circumstances in which-

(i) Scottish Water; or

(ii) any other person to whom the code applies,

is to be regarded for the purposes of this section and section 26 as complying, or (as the case may be) not complying, with the code.

(a) "practicable" means reasonably practicable having particular regard to-

(i) local conditions and circumstances;

(ii) the current state of technical knowledge; and

(iii) financial implications; and

(b) "means" includes-

(i) the design, installation, maintenance and manner and periods of operation of plant and machinery; and

(ii) the design, construction and maintenance of buildings and other structures.

(a) Scottish Water in respect of its core functions relating to the provision of sewerage and the disposal of sewage; and

(b) any other person to the extent that the person is acting on Scottish Water's behalf, or under its authority, in that respect.

(a) Scottish Water;

(b) every local authority; and

(c) such other persons as they consider appropriate,

(a) monitor compliance in its area with any sewerage code; and

(b) where a complaint of sewerage nuisance is made to it by a person living in its area, investigate the complaint.

(a) not complying with; or

(b) likely not to comply with,

(a) may require-

(i) the execution of such works; and

(ii) the taking of such other steps,

as are necessary for securing compliance with a sewerage code in any particular respects; and

(b) must specify the date by which the requirements of the notice, or any particular requirements of it, are to be fulfilled.

(a) in relation to the supply of water, premises which are (or are to be) connected to the public water supply system; and

(b) in relation to the provision of sewerage or the disposal of sewage, premises which are (or are to be) connected to the public sewerage system,

(a) vested in Scottish Water; or

(b) used by Scottish Water (or a person acting on its behalf or under its authority) in connection with the exercise of Scottish Water's core functions as respects the supply of water.

(a) vested in Scottish Water; or

(b) used by Scottish Water (or a person acting on its behalf or under its authority) in connection with the exercise of Scottish Water's core functions as respects the provision of sewerage or disposal of sewage.

"sewers", "SUD systems" and "sewage treatment works" are to be construed in accordance with section 59(1) (interpretation) of the 1968 Act; and

"junctions" is to be construed in accordance with section 16 (vesting of sewers and other works) of that Act.

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient; and

(b) different provision for different purposes.

(a) section 2, 7(2), 13(6), 14(1), (2), (6) or (9), 18(3), 20(8), 25(1) or 27(3);

(b) subject to subsection (4)(a), section 33; or

(c) paragraph 1(1) or (4) or 12(1) or (2)(g) of schedule 2,

(a) an order under section 33 which amends an Act; or

(b) regulations under section 4(7) or 5(7),

"the 1968 Act" means the Sewerage (Scotland) Act 1968 (c.47);

"the 1980 Act" means the Water (Scotland) Act 1980 (c.45);

"the 2002 Act" means the Water Industry (Scotland) Act 2002 (asp 3);

"the Commission" means the Water Industry Commission for Scotland;

"the Parliament" means the Scottish Parliament.

(a) to be in such form and made in such manner; and

(b) to contain such information (including information in the form of a document),

(a) specify such procedure for making representations to the Commission with respect to the application; and

(b) contain such other particulars,

(a) of that fact (together with its reasons for proposing to refuse the application); and

(b) specifying the date by which the applicant may make representations to the Commission with respect to the proposed refusal.

(a) sub-paragraph (4)(a); and

(b) sub-paragraph (5)(b).

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

(b) on indictment, to a fine.

(a) is, subject to sub-paragraph (10), to have incorporated in it by reference to the standard conditions such of those conditions as are applicable to it; and

(b) may include such ordinary conditions as appear to the Commission to be necessary or expedient for the purposes of or in connection with the activities authorised by the licence.

(a) include standard conditions that are to apply to-

(i) all licences; and

(ii) a particular type of licence; and

(b) make provision for-

(i) the standard conditions (or any of them) not to apply to a particular licence or type of licence in such circumstances; and

(ii) the coming into effect and suspension of the standard conditions (or any of them) in such manner and in such circumstances,

as may be specified in the standard conditions.

(a) consult the Scottish Ministers on proposals for standard conditions; and

(b) publish the standard conditions.

(a) is from time to time to review the standard conditions; and

(b) may-

(i) modify the standard conditions; and

(ii) make such modification to the conditions of any licence as it considers is necessary or expedient as a consequence of any modification of the standard conditions.

(a) send a notice of the proposed modification to-

(i) every water services provider and sewerage services provider whose licence would be affected by the modification;

(ii) the Scottish Ministers; and

(iii) Scottish Water; and

(b) publish the notice.

(a) state the reasons why the modification is proposed; and

(b) specify the period (which is to be not less than 28 days from the date of publication of the notice) within which representations with respect to the proposed modification may be made to the Commission.

(a) have effect or cease to have effect; or

(b) be modified,

(a) all the activities; or

(b) any particular activity or activities,

(a) the transfer complies with any condition of the licence as to transfer; and

(b) the Commission consents to the transfer.

(a) in a case where the proposed transfer is in respect of all the activities authorised by the licence, the person to whom the transferor proposes to transfer the licence ("the transferee") has the ability to perform adequately those activities; or

(b) in a case where the proposed transfer is in respect of any particular activity or activities authorised by the licence, the transferee has the ability to perform adequately that activity or (as the case may be) those activities.

(a) the factors mentioned in paragraphs (a) and (b) of subsection (2) of section 7; and

(b) any other matters specified under that subsection.

(a) an application for consent is to be made by the transferee; and

(b) sub-paragraphs (1) to (6) of paragraph 1 apply as regards an application for consent as they apply as regards an application for a licence.

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

(b) on indictment, to a fine.

(a) modification to any condition of the licence; and

(b) conditions apart from the conditions of the licence,

(a) the transferor and the transferee; and

(b) Scottish Water.

(a) power to enter any premises-

(i) of any water services provider or sewerage services provider;

(ii) in respect of which such a provider has made arrangements for or in relation to the supply of water or the provision of sewerage or disposal of sewage;

(iii) of any other person,

for the purpose of exercising a power mentioned in heads (b) and (c);

(b) power to carry out such inspection of any document or article found on the premises as the Commission considers necessary; and

(c) for the purpose of inspecting any such document or article, power to take the document away from the premises.

(a) to premises referred to in sub-head (i) of that head, at any reasonable time (and without notice); and

(b) to premises referred to in sub-head (ii) or (iii) of that head, at any reasonable time provided that the Commission (or the person) gives 24 hours' notice of the exercise of the power to the occupier of the premises.

(a) give the person exercising the power such assistance; and

(b) provide that person with such information,

(a) may take on to the premises such other persons and such equipment as may be necessary; but this is, where that power is exercisable under a warrant, subject to the terms of the warrant; and

(b) must, if required to do so, produce written evidence of that entitlement.

(a) the exercise that power; or

(b) the carrying out of, or failure to carry out, the duty imposed by sub-paragraph (2),

(a) intentionally obstructs a person acting in the exercise of any power conferred by paragraph 5(1) and (2); or

(b) refuses or fails, without reasonable excuse, to comply with a requirement made under paragraph 5(5),

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

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

(a) there are reasonable grounds for the exercise in relation to any premises of a power mentioned in paragraph 5(2); and

(b) at least one of the conditions mentioned in sub-paragraph (2) is fulfilled in relation to the premises,

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal may reasonably be expected;

(c) that the premises are unoccupied;

(d) that the occupier is temporarily absent from the premises;

(e) that the case is one of urgency;

(f) that an attempt to gain entry to the premises without the authority of a warrant would defeat the object of the proposed entry.

(a) that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

(b) that the giving of such notice would defeat the object of the proposed entry.

(a) that-

(i) a water services provider or a sewerage services provider has contravened a term or condition of the licence held by the provider and the contravention is likely to recur; or

(ii) such a provider is contravening a term or condition of the licence held by the provider and the contravention is likely to continue or to recur or both; and

(b) that the provider is not taking appropriate steps for the purpose of rectifying the contravention or (as the case may be) preventing its recurrence,

(a) the contravention to which it relates;

(b) the Commission's reasons for believing (as the case may be) that the contravention-

(i) has occurred and is likely to recur; or

(ii) is occurring and is likely to continue or to recur or both;

(c) the date by which the provider is required to rectify the contravention or (as the case may be) take steps to prevent its recurrence;

(d) any particular steps which the Commission requires the provider to take for that purpose; and

(e) the date on which the notice is to take effect.

(a) Scottish Water; and

(b) such other persons as the Commission considers appropriate.

(a) serve a copy of the proposed notice on the provider; and

(b) specify a period (which is to be not less than 7 days and no more than 28 days from the date of service of the notice) within which the provider may make representations to the Commission about the proposed notice.

(a) is to have regard to any representations made by virtue of sub-paragraph (6)(b); and

(b) may adjust the notice in light of the representations.

(a) the Scottish Ministers; and

(b) Scottish Water.

(a) withdraw an enforcement notice; or

(b) waive or relax any requirement of an enforcement notice, including substituting a later date for a date specified under sub-paragraph (2)(c) or (3),

(a) fails to rectify, or (as the case may be) fails to take steps to prevent the recurrence of, a contravention specified in the notice-

(i) by the date specified in relation to the contravention under sub-paragraph (2)(c) of paragraph 8; or

(ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date; or

(b) fails to complete a step specified under sub-paragraph (2)(d) of paragraph 8-

(i) by the date specified in relation to that step under sub-paragraph (3) of that paragraph; or

(ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date,

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

(b) on indictment, to a fine.

(a) failed to rectify, or (as the case may be) failed to take steps to prevent the recurrence of, a contravention specified in the notice-

(i) by the date specified in relation to the contravention under sub-paragraph (2)(c) of paragraph 8; or

(ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date; or

(b) failed to complete a step specified under sub-paragraph (2)(d) of paragraph 8-

(i) by the date specified in relation to that step under sub-paragraph (3) of that paragraph; or

(ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date,

(a) it appears to the Commission that a water services provider or a sewerage services provider has contravened a term or condition of the licence held by the provider; and

(b) the Commission considers that the provider would fail to comply with the terms of an enforcement notice pertaining to that contravention,

(a) the terms and conditions of the licence;

(b) the provider's responsibilities to the provider's customers; and

(c) any other matters the Commission considers to be relevant.

(a) the reasons why it is served; and

(b) the date (which must be no earlier than the day after the last day on which an appeal against the notice may be made under sub-paragraph (8)) from which the revocation is to have effect.

(a) send a copy of the notice of revocation to-

(i) Scottish Water; and

(ii) the Scottish Ministers; and

(b) publish the notice.

(a) is to prepare a statement of policy with respect to the imposition of penalties under sub-paragraph (1) and the determination of their amount;

(b) is to keep the statement under review and may revise the statement;

(c) in preparing the statement (and any revised statement), is to consult such persons as it considers appropriate; and

(d) is to publish the statement (and any revised statement) in such manner as it considers appropriate.

(a) the statement of policy under sub-paragraph (2) as published at the time of the contravention to which the penalty relates; and

(b) any representations made by virtue of sub-paragraph (3).

(a) by civil diligence; and

(b) whether or not that person continues to hold the licence in relation to which the penalty was imposed.

(a) record the particulars of each water services provider and sewerage services provider;

(b) record the terms and conditions of each water services licence and sewerage services licence;

(c) record, in relation to any enforcement notice-

(i) the particulars of the provider on whom the notice was served;

(ii) the date of service of the notice;

(iii) the matters specified under sub-paragraph (2) of paragraph 8;

(iv) any date specified under sub-paragraph (3) of that paragraph; and

(v) anything done under sub-paragraph (11) of that paragraph;

(d) record, in relation to any notice of revocation served under paragraph 10-

(i) the particulars of the provider on whom the notice was served;

(ii) the date of service of the notice;

(iii) the reasons why it was served; and

(iv) the date specified under sub-paragraph (7)(b) of that paragraph;

(e) record, in relation to any penalty imposed under paragraph 11-

(i) the particulars of the provider on whom it was imposed;

(ii) the amount; and

(iii) the date on which it was imposed;

(f) record the outcome of any appeal provided for in this schedule; and

(g) contain such other information as the Scottish Ministers may by order prescribe.

(a) between Scottish Water and another person (a "relevant customer") in respect of eligible premises (within the meaning of Part 2)-

(i) by virtue of any of the provisions referred to in sub-paragraph (3) or otherwise; and

(ii) which makes provision as to the charges to be paid (other than under a charges scheme) by the relevant customer for services provided by Scottish Water in the exercise of its core functions; and

(b) extant on the coming into force of this schedule.

(a) an agreement between Scottish Water and another person includes an agreement with the other person to which Scottish Water has become party in consequence of a transfer, by virtue of any enactment or contractual arrangements, of obligations to Scottish Water; and

(b) an agreement which makes provision as to the charges to be paid for services provided by Scottish Water does not include an agreement by virtue of which there is an obligation to which section 47 of the 1980 Act applies.

(a) sections 29(2)(b) and (4) and 31(6) of the 2002 Act (as they had effect immediately before their repeal by this Act);

(b) section 29(3)(j) of the 1968 Act (as it had effect immediately before its repeal by this Act).

(a) assess the charges payable under the relevant agreement (the "relevant charges") during any period to which a charges scheme applies; and

(b) having regard to-

(i) any costs which reasonably require to be met from the charges fixed in accordance with sub-paragraph (6)(b); and

(ii) such other matters as the Commission considers appropriate,

determine, for the purposes of sub-paragraph (6)(a), an amount less than the relevant charges.

(a) give the relevant customer written notice of the assessment and determination under sub-paragraph (2); and

(b) send a copy of the notice to-

(i) Scottish Water; and

(ii) every water services and sewerage services provider,

(a) Scottish Water may, in relation to that provision, demand and recover from the provider charges which must not exceed the amount determined under sub-paragraph (2)(b); and

(b) the charges which the provider may, in relation to that provision, demand and recover from the relevant customer concerned must not exceed the amount of the relevant charges.

(a) the amounts determined under sub-paragraph (2)(b); and

(b) the charges which would be recoverable by Scottish Water under a charges scheme in relation to the services to which the determinations apply,

(a) in any case where sub-paragraph (5) does not for the time being apply; or

(b) in any case where that sub-paragraph ceases to apply,

(a) in section 19 (action on finding of contravention)-

(i) in subsection (4), the words from "and" in the second place where it occurs to the end are repealed; and

(ii) in subsection (5), paragraph (c) and the word "; or" immediately preceding it are repealed;

(b) sections 25 and 26 (which make special provision for the Water Industry Commissioner for Scotland) are repealed;

(c) in section 30 (modification of enactments etc.), the words "or the Water Industry Commissioner for Scotland" are repealed;

(d) in schedule 1 (the Standards Commission for Scotland), in paragraph 3, the words "or the Water Industry Commissioner for Scotland" are repealed; and

(e) in schedule 3 (devolved public bodies), after the entry relating to the State Hospitals Board for Scotland, there is inserted-

section 3;

section 4(1);

section 5(1) to (3);

section 6;

section 11(1)(a);

section 26(1) to (4) and (7);

section 27;

section 57(6)(a); and

in schedule 1, paragraphs 6(4), 7 and 8.

(a) in paragraph (a), for the words "its customers" there is substituted "persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both"; and

(b) in paragraph (b), for the words "it conducts its relations with its customers or potential or former customers" there is substituted "Scottish Water conducts its relations with those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems".

(a) in paragraph (a), for the words "to such representations, reports and recommendations as are mentioned in section 2(5)" there is substituted "to-

(b) in paragraph (b), the word ", report" is repealed.

(a) in subsection (1)-

(i) in paragraph (a), for the words "its customers" there is substituted "persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both"; and

(ii) in paragraph (b), for the words "its customers or potential or former customers" there is substituted "those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems"; and

(b) subsection (2) is repealed.

(a) the words from "any" to the end become paragraph (a); and

(b) after that paragraph there is inserted", and

(a) in subsection (4) after the words "41(5)" there is inserted ", 56B"; and

(b) in subsection (6), after the words "41(5)" there is inserted "or 56B".

(a) in the definition of "charges scheme", for the words "31(1)" there is substituted "29A(1)"; and

(b) for the definition of "the Commissioner" there is substituted-

(a) after paragraph 21A there is inserted-

(b) in paragraph 55, for the word "Commissioner" there is substituted "Commission".

(a) after paragraph 62A there is inserted-

(b) in paragraph 106, for the word "Commissioner" there is substituted "Commission".

(a) the entry relating to the Water Industry Commissioner for Scotland is repealed; and

(b) after the entry relating to the Scottish Tourist Board there is inserted-