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Paragraph 6 Laying of communication pipes, etc.

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Upon receipt of such a notice as is referred to in the last foregoing paragraph, F1Scottish Water shall, within 14 days after the person by whom the notice was given has laid a supply pipe in accordance with the provisions of the last foregoing paragraph, lay the necessary communication pipe and any part of the supply pipe which is to be laid in a F2road and shall connect the communication pipe with the supply pipe:

Provided that, where any part of the supply pipe is to be laid in a road, F3it may elect to lay a main in the road for such distance as F4it thinks fit in lieu of a supply pipe, and in that case shall lay a communication pipe from that main and connect it with the supply pipe.

(2)

The whole, or such part as F5Scottish Water may think fit, of the expenses reasonably incurred by F6Scottish Water in executing the work which F7it is required or authorised by this paragraph to execute shall be repaid to F8it by the person by whom the notice was given and may be recovered by it from him:

Provided that, if under the provisions of this paragraph F9Scottish Water lays a main in lieu of part of a supply pipe, the additional cost incurred in laying a main instead of a supply pipe shall be borne by it .

(3)

Notwithstanding anything in the foregoing provisions of this paragraph, F10where such a notice as aforesaid is given to Scottish Water, it may, within seven days after the receipt thereof, require the person giving the notice either to pay to F11it in advance the cost of the work, as estimated by F12its engineer, or to give security for payment thereof to its satisfaction, and, where F13it makes such a requirement, the period of 14 days referred to in sub-paragraph (1) of this paragraph shall not commence to run until the requirement has been complied with.

If any payment so made to F14Scottish Water exceeds the expenses which under the foregoing provisions of this paragraph F15it would be entitled to recover from the person giving the notice, the excess shall be repaid by it , and, if and so far as those expenses are not covered by the payment, it may recover the balance from him.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(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)(e)

F3

Word in Sch. 3 para. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4

Words in Sch. 3 para. 6(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5

Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F6

Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7

Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8

Word in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9

Words in Sch. 3 para. 6(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(b)(v) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10

Words in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F11

Word in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F12

Word in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F13

Words in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(iv) (with s. 67); S.S.I. 2002/118, art. 2(3)

F14

Words in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(v) (with s. 67); S.S.I. 2002/118, art. 2(3)

F15

Word in Sch. 3 para. 6(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(6)(c)(vi) (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)