Section 70 Byelaws for preventing misuse of water.C1C2
Scotland
F1Scottish Water F2... may make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by F3it, and such byelaws may, without prejudice to the foregoing generality, include provisions—
prescribing the size, nature, design, materials, strength and workmanship, and the mode of arrangement, connection, disconnection, alteration and repair of the water fittings to be used; and
forbidding the use of any water fittings which are of such a nature or design or are so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water, or reverberation in pipes.
If a person contravenes the provisions of any byelaw made under this section, F4Scottish Water ... may, whether proceedings have been taken in respect of the offence or not, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the byelaws to be altered, repaired or replaced, and may recover the expenses reasonably incurred by F5it in so doing from the person in default.
Nothing in this section, or in any byelaw made thereunder, shall apply to any fittings used on premises which belong to a railway company and are held or used by them for the purposes of their railway, so long as those fittings are not of such a nature or design or so arranged or connected as to cause or permit waste, undue consumption, misuse or contamination of water supplied by F6Scottish Water or board or reverberation in pipes:
Provided that the exemption conferred by this subsection shall not extend to fittings used in hotels or dwelling houses or in offices not forming part of a railway station.
Where F8Scottish Water considers that a byelaw made by F9it under this section ought not to operate in relation to any particular case or class of cases F10it may, with the consent of the Secretary of State, relax the requirements of, or dispense with compliance with, that byelaw accordingly:
Provided that F11Scottish Water ... shall, in such manner and to such person, if any, as the Secretary of State may direct, give notice of any such proposed relaxation or dispensation; and the Secretary of State—
shall not give his consent before the expiration of one month from the giving of the notice; and
shall, before giving his consent, take into consideration any relevant objection which may have been received by him.
Annotations
Textual amendments
- F1
Words in s. 70(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(2)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F2
Words in s. 70(1)(2)(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(37)(a)-(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
- F3
Word in s. 70(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(2)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F4
Words in s. 70(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F5
Word in s. 70(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F6
Words in s. 70(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(4) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F7
S. 70(4) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 33
- F8
Words in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F9
Word in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F10
Word in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
- F11
Words in s. 70(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 44(5)(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
Modifications
- C1
S. 70 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)
- C2
S. 70 restricted (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 8 para. 39(2)(a)(vi) (with reg. 78, sch. 5 para. 2)