Section 23C Vesting conditions for mains and communication pipesF1

(1)

For the purposes of subsection (8)(a)(ii) of section 23A, Scottish Water may require the inclusion in an agreement under subsection (7) of that section of conditions (“vesting conditions”) as to—

(a)

any sum to be paid by Scottish Water to the person who laid the main or communication pipe in respect of its laying,

(b)

the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the main or pipe, including in particular the costs of—

(i)

maintaining, repairing and renewing the main or pipe and such water mains, communication pipes and other waterworks constructed, and work carried out, as are mentioned in sub-paragraph (iii),

(ii)

connecting the main or pipe to a main vested in Scottish Water,

(iii)

constructing such water mains, communication pipes and other waterworks, and carrying out such other work, as Scottish Water considers necessary in consequence of the connection.

(2)

The Scottish Ministers may by regulations make provision as to—

(a)

the provisions to be included, by virtue of subsection (1) of this section, as vesting conditions in an agreement under section 23A(7),

(b)

cases in relation to which subsection (1) of this section does not apply, or applies with modifications.

(3)

Regulations under subsection (2) may, in particular, make provision—

(a)

for determining the sum (if any) to be paid by Scottish Water by virtue of subsection (1)(a),

(b)

for determining the liability, by virtue of subsection (1)(b), of the person who laid the main or communication pipe by reference to such matters, criteria and methods of calculation as the regulations may specify,

(c)

as to when sums due under the vesting conditions are payable,

(d)

as to the security which Scottish Water is entitled to require under section 23A(8)(b).

(4)

Regulations under subsection (2) may make different provision in relation to different descriptions of person and different cases or descriptions of case.

Annotations

Textual amendments

F1: Ss. 23A-23C inserted (10.7.2008) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 31, 38(1) (with s. 35(2)); S.S.I. 2008/269, art. 2(b)

Notes on Part III

Modifications

C1: Pt. III (ss. 12 - 38): 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)