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Paragraph 7 Power of authority to require separate service pipes.

Scotland

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

(1)

Subject to the provisions of this paragraph F1Scottish Water may require the provision of a separate service pipe for each house supplied, or to be supplied by F2it , with water.

(2)

If, in the case of a house already supplied with water but not having a separate service pipe, F3Scottish Water gives notice to the owner of the house, requiring the provision of such a pipe, the owner shall within F4such period of not less than three months as the notice shall specify lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a F5road, and F6Scottish Water shall, within 14 days after he has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a road and make all necessary connections.

(3)

If an owner upon whom a notice has been served under the last foregoing sub-paragraph fails to comply therewith, F7Scottish Water may F8itself execute the work which he was required to execute.

(4)

The expenses reasonably incurred by F9Scottish Water in executing the work which F10it is required by sub-paragraph (2) to execute, or which it is empowered by the last foregoing sub-paragraph to execute, shall be repaid to F11it by the owner of the house and may be recovered by it from him, but without prejudice to the rights and obligations as between themselves, of the owner and occupier of the house.

(5)

Where two or more houses are being supplied with water by a single service pipe, F12Scottish Water shall not require the provision of separate service pipes for those houses until F13—

(a)

the existing supply pipe becomes so defective as to require renewal, or is no longer sufficient to meet the requirements of the houses; or

(b)

the houses are, by structural alterations to one or more of them, converted into a larger number of houses. F14; or

(c)

the owner or occupier of any of the houses has interfered with, or allowed another person to interfere with, the existing service pipe or the stop-cock fixed to that pipe and has thereby caused the supply of water to any of the houses to be interfered with; or

(d)

F15Scottish Water has reasonable grounds to believe that such interference as is mentioned in (c) above is likely to take place.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 7(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F2

Word in Sch. 3 para. 7(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3

Words in Sch. 3 para. 7(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F4

Words in Sch. 3 para. 7(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F5

Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(14)(e)

F6

Words in Sch. 3 para. 7(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F7

Words in Sch. 3 para. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(c)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F8

Word in Sch. 3 para. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F9

Words in Sch. 3 para. 7(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(d)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F10

Words in Sch. 3 para. 7(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(d)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F11

Word in Sch. 3 para. 7(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(d)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F12

Words in Sch. 3 para. 7(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(e)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F13

Word repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 58(a), Sch. 4 Pt. I

F14

Word and subparas.(c)(d) added by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 58(b)

F15

Words in Sch. 3 para. 7(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 66(7)(e)(ii) (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)