# The Public Services Reform (Scottish Water) Order 2026, Note: Explanatory note


(This note is not part of the Order)
This Order amends schedule 3 of the Water Industry (Scotland) Act 2002 to change the composition of the board of Scottish Water. Article 2(2) amends paragraph 2(1)(b) to reduce the minimum number of executive members required on the board of Scottish Water from three to two.
Article 2(3) and 2(4) make consequential amendments to insert new sub-parargraphs (2) and (2A) respectively into schedule 3 to maintain the requirement for a majority of at least 2 non-executive members on the board of Scottish Water. New sub-paragraph (2) makes clear that in circumstances where the minimum number of two executive members are appointed to the board, the number of non-executive members must not be fewer than five, in line with the requirement in paragraph 2(1).
New sub-paragraph (2A) maintains the requirement for non-executive members to exceed executive members by at least two in circumstances where more than the minimum number of two executive members are appointed to the board.

---
Source: https://www.legislation.gov.uk/sdsi/2026/9780111065235/note (the official version)
Page: https://openlegislation.uk/draft-public-services-reform-scottish-water-order-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.