Section 63 Provision of recreational facilities by local water authorities.

Subject to subsection (5) of this section F1Scottish Water may, if it appears to F2it reasonable to do so—

The powers of F4Scottish Water under subsection (1) above shall, in the case of a waterway or land in which F5Scottish Water has an interest but which F6it does not own, be exercisable only with the consent of the owners thereof:

The provisions of this section shall not authorise any authority, body or person to do or permit anything in relation to a waterway or land in which any other person has an interest if apart from this section the doing or permitting thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing or permitting thereof.

F8Scottish Water may make such reasonable charges as F9it may determine in respect of the use for the purposes of recreation of any such waterway or land as is described in subsection (1) above, and of any facilities made available by F10Scottish Water under that subsection.

F11Scottish Water may let to any person, for such consideration and on such terms and conditions as F12it thinks fit, any works constructed by F13it for the purpose of providing facilities under subsection (1) above, and may authorise that person to make such reasonable charges as F14it may determine in respect of the use thereof as mentioned in that subsection.

F15Scottish Water may receive contributions from any authority, body or person in respect of the cost of the provision of the facilities mentioned in subsection (1) above, and those facilities may be provided by Scottish Water jointly with any other authority, body or person.

F16Scottish Water may make byelaws prohibiting such a waterway or land as is described in subsection (1) above and as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes, or regulating the way in which any such waterway or land so specified may be used for any of those purposes, and when making byelaws under this subsection F17Scottish Water shall have regard to the need to protect water from pollution and to the need to avoid conflict which might arise from the use of the water or land for various recreational purposes.

Byelaws made in respect of any waterway by virtue of subsection (7) above may include provision prohibiting the use thereof by boats which are not for the time being registered with F18Scottish Water in such manner as the byelaws may provide; and the byelaws may authorise F19Scottish Water to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

F20Scottish Water may take such action as F21it considers necessary to remedy the effect of any contravention of, or failure to comply with, byelaws made under subsection (7) above, and may recover the expenses reasonably incurred by F22it in doing so from the person in default.

Sections F2371(6) and 72 of the Water (Scotland) Act 1980 shall have effect in relation to byelaws made under subsection (7) above as they have effect in relation to byelaws made under the said section 71.

For the purposes of this section F24Scottish Water shall be deemed to have an interest in a waterway or land if F25it has power to make byelaws under the said Act of 1980 in relation to the waterway or land, F26. . ..