Section 76M Power to enterF1

(1)

Scottish Water may—

(a)

enter any premises for the purposes of—

(i)

assessing or monitoring the quality of any raw water, or

(ii)

investigating or isolating anything that appears to be affecting, or may affect, the quality of any raw water,

(b)

take any steps at the premises which are reasonably required for those purposes.

(2)

Subsection (1)—

(a)

authorises entry only if the occupier of the premises has been given at least 24 hours' notice of the intended entry for those purposes,

(b)

does not authorise entry into a house.

(3)

Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.

(4)

In subsection (1), the reference to affecting the quality of the water is to affecting its quality adversely (directly or indirectly).

(5)

In this section, “raw water”—

(a)

means water contained in any bodies of water—

(i)

identified by an order made under section 6(1) of the Water Environment and Water Services (Scotland) Act 2003, or

(ii)

specified by an order made under section 76R(1),

(b)

also includes water that flows or drains into any bodies of water so identified or specified (or is capable of doing so).

(6)

But excluded from the definition given by subsection (5) is any water that is used or available as or for a private water supply within such meaning as the Scottish Ministers may by order prescribe for the purpose of this subsection.

Annotations

Textual amendments

F1: Pt. 6B inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 30(2), 56(1)(2); S.S.I. 2013/163, art. 3, sch., S.S.I. 2013/342, art. 2(b)