Section 26 Power to close, or restrict use of, wells.

Scotland

If a F1local authorityF2are or Scottish Water is satisfied that—

F3(a)

any public well, drinking fountain or other work within their area or, as the case may be, F4its limits of supply and vested in them F5or, as the case may be, it or any work constructed under section 25 is no longer required, or

(b)

the water obtained therefrom is so polluted as to be injurious or dangerous to health and that it is not reasonably practicable to remedy the cause of the pollution,

they may close the well, fountain or other work or restrict the use of the water obtained from it.

Annotations

Textual amendments

F1: Words in s. 26 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(16)(a)(b); S.I. 1996/323, art. 4(1)(c)
F2: Words in s. 26 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 21(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F3: By Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 21(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3), it is provided that the words "or, as the case may be, it" be inserted after "they" in s. 26(a) (1.4.2002)
F4: Word in s. 26(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 21(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5: Words in s. 26(a) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 21(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

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)