Section 4 Power of the Commissioner to require information
Scotland
Scottish Water must, on being requested to do so by the F1Commission, provide the Commission with such information held by it as the Commission may reasonably seek in the exercise of the Commission's functions.
Subsection (1) does not authorise the Commission to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.
Where Scottish Water considers that it is entitled to withhold information from the Commission—
because it is not reasonably sought, or
by virtue of subsection (2),
it must intimate that fact to the Commission in writing.
Annotations
Textual amendments
- F1
Words in s. 4(1) substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 37(2), sch. 5 para. 7(1) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2
- F2
S. 4(2)(3) substituted for s. 4(2) (1.7.2005 in so far as not already in force) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 1(2), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2
- F3
S. 4(4) inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 3; S.S.I. 2011/278, art. 2(d)
- F4
Words in s. 4(4) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 15(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
- F5
Words in s. 4(4) inserted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 1(2) (with reg. 3)
Notes on Part 1
Textual amendments
- F1
Words in Pt. 1 title substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), sch. 2 para. 7; S.S.I. 2011/278, art. 2(d)