Paragraph 4 Power to lay service pipes, etc.
Scotland
F1Scottish Water may in any F2road lay such service pipes with such stopcocks and other fittings as F3it deems necessary for supplying water to premises F4, and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in a road whether by virtue of this section or otherwise:
Provided that before exercising any of the powers conferred by this paragraph, F5Scottish Water shall, except in cases of emergency arising from defects in any existing pipes, plant or works, give F6such notice, to F7—
- (i)
where the road is a public road, the roads authority; and
- (ii)
in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the roadF8as would require to be given by an undertaker under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of works) in accordance with that section and with section 156 of that Act (service of notice).
Where a service pipe has been lawfully laid in, on or over any land not forming part of a F9road, F10Scottish Water may from time to time enter upon that land and inspect, repair, alter, renew or remove the then existing pipe or lay a new pipe in substitution therefor, but shall pay compensation for any damage done by them.
Any dispute as to the amount of compensation to be paid under this sub-paragraph shall be determined by arbitration.
Annotations
Textual amendments
- F1
Words in Sch. 3 para. 4(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F2
Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(i)
- F3
Words in Sch. 3 para. 4(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F4
Words in Sch. 3 para. 4(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(56)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
- F5
Words in Sch. 3 para. 4(1) in proviso substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F6
Word "such" in Sch. 3 para. 4 substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(7)(b); S.I. 1992/2990, art. 2(2), Sch. 2
- F7
Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(i)
- F8
Words in Sch. 3 para. 4 added (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(7)(b); S.I. 1992/2990, art. 2(2), Sch. 2
- F9
Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(d)(ii)
- F10
Words in Sch. 3 para. 4(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(4)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
Notes on Schedule 3
Modifications
- C1
Sch. 3: power to apply conferred (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1, 130), s. 20(10), Sch. 7 para. 5(1)(b)
Notes on Part II
Modifications
- C1
Sch. 3 Pt. II (paras. 4–9) applied with modifications by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 170A(5) (as inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 102, Sch. 13)