Regulation 14 Enforcement of duties imposed on local authoritiesI1C1
Scotland
If the Secretary of State is satisfied that F1Scottish Water has failed to do anything it is required to do by or under regulation 4, 5, 7 or 13 of these Regulations, or is likely to do so, he may, subject to paragraph (2) below, make an order declaring Scottish Water to be in default and directing it for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.
The Secretary of State shall be obliged to make an order under paragraph (1) above unless he is satisfied–
that the failure or the apprehended failure was of a trivial nature; or
in the case of an apprehended failure, that F2Scottish Water has given, and is complying with, an undertaking to take all such steps as it appears to the Secretary of State to be appropriate, for the time being, for it to take for the purpose of securing or facilitating compliance with the duty in question.
If F3Scottish Water fails to comply with an order under paragraph (1), the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State, order specific performance of the duty in respect of which there has been default, and do otherwise as to the Court appears to be just.
Annotations
Textual amendments
- F1
Words in reg. 14(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 7(7)(a)
- F2
Words in reg. 14(2)(b) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 7(7)(b)
- F3
Words in reg. 14(3) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 7(7)(c)
Modifications
- C1
Reg. 14: functions transferred (temp.) (6.5.1999) by The Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Order 1999 (S.I. 1999/901), art. 5, Sch. (with arts. 8, 9)