Water Services etc. (Scotland) Act 2005

• (iii) of any other person,

for the purpose of exercising a power mentioned in heads (b) and (c);

• (b) power to carry out such inspection of any document or article found on the premises as the Commission considers necessary; and

• (c) for the purpose of inspecting any such document or article, power to take the document away from the premises.

• (3) The power mentioned in head (a) of sub-paragraph (2) entitles the Commission (or a person authorised by the Commission) to demand, as of right, entry—

• (a) to premises referred to in sub-head (i) of that head, at any reasonable time (and without notice); and

• (b) to premises referred to in sub-head (ii) or (iii) of that head, at any reasonable time provided that the Commission (or the person) gives 24 hours' notice of the exercise of the power to the occupier of the premises.

• (4) The powers mentioned in sub-paragraph (2) must not be exercised in relation to premises referred to in sub-head (iii) of head (a) of that sub-paragraph unless the Commission is satisfied that the exercise of those powers in relation to the premises referred to in sub-heads (i) and (ii) of that head would be insufficient for the purposes referred to in sub-paragraph (1).

• (5) The owner and occupier of any premises in respect of which a power mentioned in sub-paragraph (2) is being exercised, and any person on the premises when the power is being exercised, must—

• (a) give the person exercising the power such assistance; and

• (b) provide that person with such information,

as that person reasonably requires.

Powers of entry etc.: further provision

6

• (1) A person entitled to enter premises by virtue of the power mentioned in paragraph 5(2)(a)—

• (a) may take on to the premises such other persons and such equipment as may be necessary; but this is, where that power is exercisable under a warrant, subject to the terms of the warrant; and

• (b) must, if required to do so, produce written evidence of that entitlement.

• (2) A person who enters premises in the exercise of the power mentioned in paragraph 5(2)(a) must leave the premises as effectually secured against trespassers as the person found them.

• (3) Where a person exercises the power mentioned in paragraph 5(2)(a), the Commission is to make full compensation to any person who has sustained loss or damage by reason of—

• (a) the exercise that power; or

• (b) the carrying out of, or failure to carry out, the duty imposed by sub-paragraph (2),

except in so far as the loss or damage is attributable to the fault of the person who sustained it.

• (4) Any person who makes use of or discloses any trade secret of which the person has gained knowledge as a result of the exercise of any power conferred by paragraph 5(1) and (2) is guilty of an offence.

• (5) Any person who—

• (a) intentionally obstructs a person acting in the exercise of any power conferred by paragraph 5(1) and (2); or

• (b) refuses or fails, without reasonable excuse, to comply with a requirement made under paragraph 5(5),

is guilty of an offence.

• (6) A person who is guilty of an offence under sub-paragraph (4) or (5) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

Warrants

7

• (1) If a sheriff or justice of the peace is satisfied, by evidence on oath, that—

• (a) there are reasonable grounds for the exercise in relation to any premises of a power mentioned in paragraph 5(2); and

• (b) at least one of the conditions mentioned in sub-paragraph (2) is fulfilled in relation to the premises,

the sheriff or justice may grant a warrant authorising the Commission (and any person authorised by the Commission for the purpose) to exercise the power in relation to the premises in accordance with the terms of the warrant and, if need be, by force.

• (2) The conditions are—

• (a) that the exercise of the power in relation to the premises has been refused;

• (b) that such a refusal may reasonably be expected;

• (c) that the premises are unoccupied;

• (d) that the occupier is temporarily absent from the premises;

• (e) that the case is one of urgency;

• (f) that an attempt to gain entry to the premises without the authority of a warrant would defeat the object of the proposed entry.

• (3) A sheriff or justice must not issue a warrant under this paragraph by virtue of being satisfied that a condition mentioned in head (a) or (b) of sub-paragraph (2) is fulfilled unless the sheriff or justice is also satisfied—

• (a) that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

• (b) that the giving of such notice would defeat the object of the proposed entry.

• (4) A warrant granted under this paragraph continues in force until the purposes for which the warrant is issued have been fulfilled.

Enforcement notices

8

• (1) If it appears to the Commission (whether or not following the exercise of powers under paragraph 5)—

• (a) that—

• (i) a water services provider or a sewerage services provider has contravened a term or condition of the licence held by the provider and the contravention is likely to recur; or

• (ii) such a provider is contravening a term or condition of the licence held by the provider and the contravention is likely to continue or to recur or both; and

• (b) that the provider is not taking appropriate steps for the purpose of rectifying the contravention or (as the case may be) preventing its recurrence,

the Commission may serve on the provider a notice (in this paragraph and paragraphs 9, 10 and 12 referred to as an “enforcement notice”) in respect of the contravention.

• (2) An enforcement notice must specify—

• (a) the contravention to which it relates;

• (b) the Commission's reasons for believing (as the case may be) that the contravention—

• (i) has occurred and is likely to recur; or

• (ii) is occurring and is likely to continue or to recur or both;

• (c) the date by which the provider is required to rectify the contravention or (as the case may be) take steps to prevent its recurrence;

• (d) any particular steps which the Commission requires the provider to take for that purpose; and

• (e) the date on which the notice is to take effect.

• (3) An enforcement notice may specify different dates by which different steps specified under sub-paragraph (2)(d) must be completed.

• (4) The date referred to in sub-paragraph (2)(e) must be no earlier than the day following the last day on which an appeal may be made under sub-paragraph (9).

• (5) In considering whether to serve an enforcement notice, the Commission must consult—

• (a) Scottish Water; and

• (b) such other persons as the Commission considers appropriate.

• (6) Before serving an enforcement notice on a provider under sub-paragraph (1), the Commission is to—

• (a) serve a copy of the proposed notice on the provider; and

• (b) specify a period (which is to be not less than 7 days and no more than 28 days from the date of service of the notice) within which the provider may make representations to the Commission about the proposed notice.

• (7) The Commission—

• (a) is to have regard to any representations made by virtue of sub-paragraph (6)(b); and

• (b) may adjust the notice in light of the representations.

• (8) The Commission must send a copy of an enforcement notice to—

• (a) the Scottish Ministers; and

• (b) Scottish Water.

• (9) A provider on whom an enforcement notice has been served may, by summary application made within 14 days of the date of service of the notice, appeal to the sheriff against the notice; and the enforcement notice is of no effect until the appeal is withdrawn or finally determined.

• (10) In an appeal under sub-paragraph (9), the sheriff may make such order as the sheriff thinks fit; and the decision of the sheriff in the appeal is final.

• (11) The Commission may—

• (a) withdraw an enforcement notice; or

• (b) waive or relax any requirement of an enforcement notice, including substituting a later date for a date specified under sub-paragraph (2)(c) or (3),

and may do so whether or not the notice has taken effect.

• (12) The withdrawal of an enforcement notice does not affect the Commission's power to issue a further such notice.

Enforcement notices: offences

9

• (1) Any water services provider or sewerage services provider, on whom an enforcement notice has been served, who—

• (a) fails to rectify, or (as the case may be) fails to take steps to prevent the recurrence of, a contravention specified in the notice—

• (i) by the date specified in relation to the contravention under sub-paragraph (2)(c) of paragraph 8; or

• (ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date; or

• (b) fails to complete a step specified under sub-paragraph (2)(d) of paragraph 8—

• (i) by the date specified in relation to that step under sub-paragraph (3) of that paragraph; or

• (ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date,

is guilty of an offence.

• (2) An offence under sub-paragraph (1) may be charged by reference to any day or longer period of time; and a provider may be convicted of a second or subsequent offence under that sub-paragraph by reference to any period of time following conviction for such an offence.

• (3) A person who is guilty of an offence under sub-paragraph (1) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on indictment, to a fine.

Revocation of licences

10

• (1) A water services licence or sewerage services licence may be revoked in accordance with this paragraph.

• (2) If it appears to the Commission that a water services provider or sewerage services provider, on whom an enforcement notice has been served, has—

• (a) failed to rectify, or (as the case may be) failed to take steps to prevent the recurrence of, a contravention specified in the notice—

• (i) by the date specified in relation to the contravention under sub-paragraph (2)(c) of paragraph 8; or

• (ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date; or

• (b) failed to complete a step specified under sub-paragraph (2)(d) of paragraph 8—

• (i) by the date specified in relation to that step under sub-paragraph (3) of that paragraph; or

• (ii) where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date,

the Commission may revoke the licence held by the provider by serving on the provider a notice of revocation.

• (3) If—

• (a) it appears to the Commission that a water services provider or a sewerage services provider has contravened a term or condition of the licence held by the provider; and

• (b) the Commission considers that the provider would fail to comply with the terms of an enforcement notice pertaining to that contravention,

the Commission may revoke the licence by serving on the provider a notice of revocation.

• (4) If (having special regard to the factors mentioned in paragraphs (a) and (b) of subsection (2) of section 7 and to any other matters specified under that subsection) the Commission considers that a water services provider or sewerage services provider no longer has the ability to perform adequately the activities authorised by the licence held by the provider, the Commission may (whether or not the provider has contravened a term or condition of the licence held by the provider) revoke the licence by serving on the provider a notice of revocation.

• (5) The Commission may, following a request made to the Commission by a water services provider or a sewerage services provider for the licence held by the provider to be revoked, revoke the licence by serving on the provider a notice of revocation.

• (6) The Commission must not revoke a licence under this paragraph unless satisfied that revocation is reasonable having regard to—

• (a) the terms and conditions of the licence;

• (b) the provider's responsibilities to the provider's customers; and

• (c) any other matters the Commission considers to be relevant.

• (7) A notice of revocation must specify—

• (a) the reasons why it is served; and

• (b) the date (which must be no earlier than the day after the last day on which an appeal against the notice may be made under sub-paragraph (8)) from which the revocation is to have effect.

• (8) A provider on whom a notice of revocation has been served under sub-paragraph (2), (3) or (4) may, by summary application made within 14 days of the date of service of the notice, appeal to the sheriff against the notice; and the revocation is of no effect until the appeal is withdrawn or finally determined.

• (9) In an appeal under sub-paragraph (8), the sheriff may make such order as the sheriff thinks fit; and the decision of the sheriff in the appeal is final.

• (10) As soon as practicable after a revocation under this paragraph has effect, the Commission must—

• (a) send a copy of the notice of revocation to—

• (i) Scottish Water; and

• (ii) the Scottish Ministers; and

• (b) publish the notice.

Penalties for contravention of licence

11

• (1) Where it appears to the Commission that a water services provider or a sewerage services provider has contravened a term or condition of the licence held by the provider, the Commission may impose on the provider a financial penalty of such amount as it considers reasonable in the circumstances of the case.

• (2) The Commission—

• (a) is to prepare a statement of policy with respect to the imposition of penalties under sub-paragraph (1) and the determination of their amount;

• (b) is to keep the statement under review and may revise the statement;

• (c) in preparing the statement (and any revised statement), is to consult such persons as it considers appropriate; and

• (d) is to publish the statement (and any revised statement) in such manner as it considers appropriate.

• (3) Before imposing a penalty under sub-paragraph (1), the Commission is to serve on the provider a notice of its intention to impose the penalty; and the notice must specify the date by which the provider may make representations to the Commission with respect to the penalty.

• (4) In imposing a penalty under sub-paragraph (1), the Commission is to have regard to—

• (a) the statement of policy under sub-paragraph (2) as published at the time of the contravention to which the penalty relates; and

• (b) any representations made by virtue of sub-paragraph (3).

• (5) A provider on whom a penalty is imposed under sub-paragraph (1) may, by summary application made within 14 days of the date on which the penalty was imposed, appeal to the sheriff against the imposition of the penalty or the amount of the penalty; and the penalty is not recoverable until the appeal is withdrawn or finally determined.

• (6) In an appeal under sub-paragraph (5), the sheriff may make such order as the sheriff thinks fit; and the decision of the sheriff in the appeal is final.

• (7) Any penalty imposed under sub-paragraph (1) is recoverable, from the person on whom it was imposed, by the Commission—

• (a) by civil diligence; and

• (b) whether or not that person continues to hold the licence in relation to which the penalty was imposed.

• (8) Any sums received by the Commission by virtue of this paragraph must be paid into the Scottish Consolidated Fund.

Register of licences

12

• (1) The Commission must keep a register of water services licences and sewerage services licences in such manner as the Scottish Ministers may by order prescribe.

• (2) The register must—

• (a) record the particulars of each water services provider and sewerage services provider;

• (b) record the terms and conditions of each water services licence and sewerage services licence;

• (c) record, in relation to any enforcement notice—

• (i) the particulars of the provider on whom the notice was served;

• (ii) the date of service of the notice;

• (iii) the matters specified under sub-paragraph (2) of paragraph 8;

• (iv) any date specified under sub-paragraph (3) of that paragraph; and

• (v) anything done under sub-paragraph (11) of that paragraph;

• (d) record, in relation to any notice of revocation served under paragraph 10—

• (i) the particulars of the provider on whom the notice was served;

• (ii) the date of service of the notice;

• (iii) the reasons why it was served; and

• (iv) the date specified under sub-paragraph (7)(b) of that paragraph;

• (e) record, in relation to any penalty imposed under paragraph 11—

• (i) the particulars of the provider on whom it was imposed;

• (ii) the amount; and

• (iii) the date on which it was imposed;

• (f) record the outcome of any appeal provided for in this schedule; and

• (g) contain such other information as the Scottish Ministers may by order prescribe.

• (3) The register must be available for inspection by any person at any reasonable time.

SCHEDULE 3

1

• (1) In this schedule, a “relevant agreement” is an agreement—

• (a) between Scottish Water and another person (a “relevant customer”) in respect of eligible premises (within the meaning of Part 2)—

• (i) by virtue of any of the provisions referred to in sub-paragraph (3) or otherwise; and

• (ii) which makes provision as to the charges to be paid (other than under a charges scheme) by the relevant customer for services provided by Scottish Water in the exercise of its core functions; and

• (b) extant on the coming into force of this schedule.

• (2) For the purposes of sub-paragraph (1)—

• (a) an agreement between Scottish Water and another person includes an agreement with the other person to which Scottish Water has become party in consequence of a transfer, by virtue of any enactment or contractual arrangements, of obligations to Scottish Water; and

• (b) an agreement which makes provision as to the charges to be paid for services provided by Scottish Water does not include an agreement by virtue of which there is an obligation to which section 47 of the 1980 Act applies.

• (3) For the purposes of sub-paragraph (1)(a)(i), the provisions are—

• (a) sections 29(2)(b) and (4) and 31(6) of the 2002 Act (as they had effect immediately before their repeal by this Act);

• (b) section 29(3)(j) of the 1968 Act (as it had effect immediately before its repeal by this Act).

2

• (1) Scottish Water must, within one month of the coming into force of this schedule, send to the Commission written details of every relevant agreement.

• (2) The Commission must, following receipt of those details, in each case—

• (a) assess the charges payable under the relevant agreement (the “relevant charges”) during any period to which a charges scheme applies; and

• (b) having regard to—

• (i) any costs which reasonably require to be met from the charges fixed in accordance with sub-paragraph (6)(b); and

• (ii) such other matters as the Commission considers appropriate,

determine, for the purposes of sub-paragraph (6)(a), an amount less than the relevant charges.

• (3) The Commission must, in each case—

• (a) give the relevant customer written notice of the assessment and determination under sub-paragraph (2); and

• (b) send a copy of the notice to—

• (i) Scottish Water; and

• (ii) every water services and sewerage services provider,

by such date as the Scottish Ministers may direct.

• (4) The Commission must publish details of every determination under sub-paragraph (2)(b).

• (5) This sub-paragraph applies in any case where a water or sewerage services provider makes arrangements for the provision of any services to which relevant charges apply and is accordingly entitled to demand and recover charges from a relevant customer for that provision.

• (6) Where sub-paragraph (5) applies—

• (a) Scottish Water may, in relation to that provision, demand and recover from the provider charges which must not exceed the amount determined under sub-paragraph (2)(b); and

• (b) the charges which the provider may, in relation to that provision, demand and recover from the relevant customer concerned must not exceed the amount of the relevant charges.

• (7) Any financial disadvantage to Scottish Water arising as a consequence of differences between—

• (a) the amounts determined under sub-paragraph (2)(b); and

• (b) the charges which would be recoverable by Scottish Water under a charges scheme in relation to the services to which the determinations apply,

is to be borne by Scottish Water.

• (8) Scottish Water is—

• (a) in any case where sub-paragraph (5) does not for the time being apply; or

• (b) in any case where that sub-paragraph ceases to apply,

to demand and recover relevant charges from the relevant customer for services provided by it to the customer.

3

• (1) A charges scheme does not apply in relation to any services to which relevant charges apply except where the relevant agreement concerned expires or is terminated.

• (2) For the purposes of sub-paragraph (1), the making of arrangements by a water services or sewerage services provider for the provision of any services to which relevant charges apply does not of itself cause the relevant agreement concerned to expire or terminate.

• (3) A relevant agreement may not be renewed on its expiry or termination, nor may its term be extended at any time.

SCHEDULE 4

After Schedule 1B to the Coal Industry Act 1994 (c. 21) there is inserted—

SCHEDULE 5

Sewerage (Scotland) Act 1968 (c. 47)

1

In section 29 (which makes provision relating to consent to discharge of trade effluent) of the 1968 Act, paragraph (j) of subsection (3) is repealed.

House of Commons Disqualification Act 1975 (c. 24)

2

In the House of Commons Disqualification Act 1975, in Part III of Schedule 1(disqualifying offices), the entry relating to the Water Industry Commissioner for Scotland is repealed.

Race Relations Act 1976 (c. 74)

3

In the Race Relations Act 1976, in Part II of Schedule 1A (bodies and other persons subject to general statutory duty), the entry relating to the Water Industry Commissioner for Scotland is repealed.

Water (Fluoridation) Act 1985 (c. 63)

4

In the Water (Fluoridation) Act 1985, in subsections (2)(b)(i) and (3) of section 4 (publicity and consultation), for the word “Commissioner” in each place where it occurs there is substituted “ Commission ”.

Public Finance and Accountability (Scotland) Act 2000 (asp 1)

5

In the Public Finance and Accountability (Scotland) Act 2000, in subsection (7) of section 23 (economy, efficiency and effectiveness examinations), for the word “Commissioner” there is substituted “ Commission ”.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

6

In the Ethical Standards in Public Life etc. (Scotland) Act 2000—

• (a) in section 19 (action on finding of contravention)—

• (i) in subsection (4), the words from “and” in the second place where it occurs to the end are repealed; and

• (ii) in subsection (5), paragraph (c) and the word “; or” immediately preceding it are repealed;

• (b) sections 25 and 26 (which make special provision for the Water Industry Commissioner for Scotland) are repealed;

• (c) in section 30 (modification of enactments etc.), the words “or the Water Industry Commissioner for Scotland” are repealed;

• (d) in schedule 1 (the Standards Commission for Scotland), in paragraph 3, the words “or the Water Industry Commissioner for Scotland” are repealed; and

• (e) in schedule 3 (devolved public bodies), after the entry relating to the State Hospitals Board for Scotland, there is inserted— “ The Water Industry Commission for Scotland ”.

Water Industry (Scotland) Act 2002 (asp 3)

7

• (1) In each of the following provisions of the 2002 Act, for the words “Commissioner” and “Commissioner's” wherever occurring there is substituted “ Commission ” and “ Commission's ” respectively—

• section 3;

• section 4(1);

• section 5(1) to (3);

• section 6;

• section 11(1)(a);

• section 26(1) to (4) and (7);

• section 27;

• section 57(6)(a); and

• in schedule 1, paragraphs 6(4), 7 and 8.

• (2) In section 3 (functions of the Commissioner) of that Act, in subsection (6)—

• (a) in paragraph (a), for the words “its customers” there is substituted “ persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both ”; and

• (b) in paragraph (b), for the words “it conducts its relations with its customers or potential or former customers” there is substituted “ Scottish Water conducts its relations with those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 26 (customer standards codes) of that Act—

• (a) in subsection (1)—

• (i) in paragraph (a), for the words “its customers” there is substituted “ persons whose premises are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both ”; and

• (ii) in paragraph (b), for the words “its customers or potential or former customers” there is substituted “ those persons or persons whose premises have been, or might reasonably become, connected to either or both of those systems ”; and

• (b) subsection (2) is repealed.

• (5) Section 40 (reduced charges) of that Act is repealed.

• (6) In section 49 (interests of customers) of that Act, for the words “who is a customer or potential customer of Scottish Water” there is substituted “ whose premises are connected to, or might reasonably become connected to, the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both; ”.

• (7) In section 57 (information and reports) of that Act, in subsection (7)—

• (a) the words from “any” to the end become paragraph (a); and

• (b) after that paragraph there is inserted

, and (b) the extent to which Scottish Water has, during that period, complied with any requirements made under section 13(2) or 15(1) or (5) of the Water Services etc. (Scotland) Act 2005 (asp 3).

.

• (8) In section 68 (orders and regulations) of that Act—

• (a) in subsection (4) after the words “41(5)” there is inserted “ , 56B ”; and

• (b) in subsection (6), after the words “41(5)” there is inserted “ or 56B ”.

• (9) In section 70 (interpretation) of that Act, in subsection (1)—

• (a) in the definition of “charges scheme”, for the words “31(1)” there is substituted “ 29A(1) ”; and

• (b) for the definition of “the Commissioner” there is substituted—

“the Commission” means the Water Industry Commission for Scotland established under section 1(1) of this Act,

.

• (10) Part 1 (the Commissioner) of schedule 1 to that Act is repealed.

Scottish Public Services Ombudsman Act 2002 (asp 11)

8

In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph 55, for the word “Commissioner” there is substituted “ Commission ”.

Freedom of Information (Scotland) Act 2002 (asp 13)

9

In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph 106, for the word “Commissioner” there is substituted “ Commission ”.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

10

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—

• (a) the entry relating to the Water Industry Commissioner for Scotland is repealed; and

• (b) after the entry relating to the Scottish Tourist Board there is inserted— “ Water Industry Commission for Scotland ”.

Water Industry Commission for Scotland

Public water supply system: offences

Discontinuation of water services

Discontinuation of water services

Qualification of duty to provide services

Qualification of duty to provide services

Control of water from coal mines

Scottish Water's charges for water and sewerage services

Before schedule 1 (the Commissioner and Customer Panels) to the 2002 Act there is inserted—

Application for licence

Applications forwarded to the Water Services Regulation Authority

Conditions: sustainable development

Transfer of licence

Powers of entry etc.

Powers of entry etc.: further provision

Warrants

Enforcement notices

Enforcement notices: offences

Revocation of licences

Penalties for contravention of licence

Register of licences

After Schedule 1B to the Coal Industry Act 1994 (c. 21) there is inserted—

Sewerage (Scotland) Act 1968 (c. 47)

House of Commons Disqualification Act 1975 (c. 24)

Race Relations Act 1976 (c. 74)

Water (Fluoridation) Act 1985 (c. 63)

Public Finance and Accountability (Scotland) Act 2000 (asp 1)

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Water Industry (Scotland) Act 2002 (asp 3)

Scottish Public Services Ombudsman Act 2002 (asp 11)

Freedom of Information (Scotland) Act 2002 (asp 13)

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

Editorial notes

[^key-6c549e390dfb1fb27cae975457d03e5e]: S. 4(1)-(5)(7)-(12) in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-470b3915e09a911d1530640652791481]: S. 5(1)-(5)(7)-(13) in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-5f50f4a66d6791c1e1c8288c3ba426c6]: S. 1(1) in force at 20.6.2005 for specified purposes by S.S.I. 2005/351, art. 2, Sch. 1

[^key-f58c5baad939406a79001c5f5921fa3d]: S. 1(4) in force at 20.6.2005 for specified purposes by S.S.I. 2005/351, art. 2, Sch. 1

[^key-acc62a75d827528db7b104440b78a86e]: S. 9 in force at 20.6.2005 for specified purposes by S.S.I. 2005/351, art. 2, Sch. 1

[^key-f182191d83ee3a5866905bb487bec415]: S. 28 in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-72f8b023bfb2f3eb57811cc124a0e96f]: S. 29 in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-0c4099ffc60404fd4a0115286c5d54cd]: S. 30 in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-a2f10c0ab4f821c040a6c6ea0cc24746]: S. 31 in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-bc048865cbb6b12dde94259f903005b0]: Sch. 1 in force at 20.6.2005 for specified purposes by S.S.I. 2005/351, art. 2, Sch. 1

[^key-49c2a6bfe4640beade4447fc30107af8]: Sch. 4 in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1

[^key-afeb64672dde9378ec47ff544520719b]: S. 1 in force at 1.7.2005 in so far as not already in force by S.S.I. 2005/351, art. 2, Sch. 2

[^key-3f536770a34eadcb118f14b6412a4637]: S. 2 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-653c0854ebd7ba3e617dc35ae520ca20]: S. 21(1)-(3) (6) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

[^key-a8284acf012455c16ea82076e163c463]: S. 22 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-4a2e1a7811b6f45aa457ef6ceaaccb8f]: S. 24 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-8864a05a31a23b24bc65ec02bb23f9d9]: S. 32 in force at 1.7.2005 for specified purposes by S.S.I. 2005/351, art. 2, Sch. 2

[^key-975bb98d1691bb1c770a9497fba90763]: Sch. 1 in force at 1.7.2005 in so far as not already in force by S.S.I. 2005/351, art. 2, Sch. 2

[^key-c712db727d12fa7b81c0de4d4ad74119]: Sch. 3 para. 1 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-df2caa432e6d6cfca45a5629d46ab012]: Sch. 3 para. 2 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-4d0119dde63e8c3dec85a01bf474e9f7]: Sch. 3 para. 3 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-2cdbbb816b35f6543376b1924bc2f345]: Sch. 5 para. 1 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-e688c7ba0f5e61a82b9986d0e86e83f9]: Sch. 5 para. 2 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-0cc9cb04728f6a2e03bce14c9d6bfee2]: Sch. 5 para. 3 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-6966911b77b5d285a51e6e577442ac83]: Sch. 5 para. 4 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-9a53363858b8b56ae4195e6e7b57ddfd]: Sch. 5 para. 5 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

[^key-a53cde97dcda22d66f272fa6ca3e187d]: Sch. 5 para. 6 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

[^key-51a1b4ec559f6f1cc2e718224cc52764]: Sch. 5 para. 7(1) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-5a27580e8c2ddb71e1bba34463d3106d]: Sch. 5 para. 7(2) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-992fb14fc2886118388bd4b28f75d73f]: Sch. 5 para. 7(4) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-1d15d0e32b465897b27707f18145e188]: Sch. 5 para. 7(6) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-cb29d344c3ecd298c35834bb5b71e983]: Sch. 5 para. 7(8) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-b2dc8bc0dd1ef079f32c09e39f058ad4]: Sch. 5 para. 7(9) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2

[^key-01d4e27fc89062323b8b6b630e405919]: Sch. 5 para. 8(b) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

[^key-a9fdb5e405389b8ab477e06cd7bc35bf]: Sch. 5 para. 9(b) in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

[^key-6178977f18e92f4026cf9ffe73e55d60]: Sch. 5 para. 10 in force at 1.7.2005 by S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

[^key-6c6dcc847e72449769daf70094ff5f0b]: S. 25 in force at 10.2.2006 by S.S.I. 2006/40, art. 2(a)

[^key-ca090081c2d724a7eb1cdc8ae1b07ee7]: S. 26(12) in force at 10.2.2006 for specified purposes by S.S.I. 2006/40, art. 2(b)

[^key-382d961cc2910fb4b7924c044b381b32]: Sch. 5 para. 8(a) in force at 1.4.2006 by S.S.I. 2006/167, art. 2, Sch. 1

[^key-2c0ffe594932a43f3b29fd04c25f412f]: Sch. 5 para. 7(3) in force at 1.4.2006 by S.S.I. 2006/167, art. 2, Sch. 1

[^key-8d80be5c530be77f77a579d4b552b0af]: Sch. 5 para. 9(a) in force at 1.4.2006 by S.S.I. 2006/167, art. 2, Sch. 1

[^key-2ed2d09a55f0d6d2190bbfdbc7a21c95]: S. 3 in force at 1.4.2006 by S.S.I. 2006/167, art. 2, Sch. 1

[^key-b449979b75aecba089eab27331b20f9f]: S. 23 in force at 1.4.2006 by S.S.I. 2006/167, art. 2, Sch. 1 (with art. 3)

[^key-261eda7e30d9729e57a3dd3942a11bbd]: S. 32 in force at 1.4.2006 for specified purposes by S.S.I. 2006/167, art. 2, Sch. 1

[^key-12073d3f9c31fca094c76c5d312028b0]: S. 26(1)-(9) (11) in force at 22.4.2006 by S.S.I. 2006/167, art. 2, Sch. 2

[^key-a91ace9289a3415fcbee6a6b2998e0e1]: S. 26(10) in force at 22.4.2006 for specified purposes by S.S.I. 2006/167, art. 2, Sch. 2

[^key-f5d77c48f18d5549aa4ff839b0001638]: S. 26(12) in force at 22.4.2006 in so far as not already in force by S.S.I. 2006/167, art. 2, Sch. 2

[^key-9b14a1455fe5208f2e6fc68a77ab3633]: S. 4(6) in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-92342f5c470853b26c19891519390895]: S. 5(6) in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-6a965c5fd89d893badc9d5bfbc98adb4]: S. 6 in force at 7.9.2006 for specified purposes by S.S.I. 2006/445, art. 2, Sch.

[^key-cbac8ec012771a07e8d87beb95b7a8d1]: S. 7 in force at 7.9.2006 for specified purposes by S.S.I. 2006/445, art. 2, Sch.

[^key-3ed2fe498a319648fe084cea515656fa]: S. 8 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-08b85b01bb65517c4efcddf02c60d34e]: S. 10 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-6c031d1871f1900d5f2c9f52bd4a080b]: S. 11 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-b6fabc50627f789d05f6eefd054d59f2]: S. 12 in force at 7.9.2006 for specified purposes by S.S.I. 2006/445, art. 2, Sch.

[^key-650d9f6b34d481388348d709a5444b57]: S. 13 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-10e81294654515fdc0023994bc0c3651]: S. 14 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-2d4ff3d3d700c84c345cf4e454a4807a]: S. 15 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-07f7106df211a2665e7482f8348a0618]: S. 16 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-094878c8371117c27c979527b8a63823]: S. 17 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-2555b9847007804a921047cf22e783a0]: S. 18 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-a0de7dd64378aa4ca2d3199b2455714f]: S. 19 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-79cd991323bc614aa075bed3d4ef4a6e]: S. 20 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-8d30d3fbca666bdee685be75d86edb65]: S. 21(4)(5) in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-ea0b15cc7e3d5a23d4556124abc694e6]: S. 27 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-790e3f52eba9f51e3424436001aa876f]: S. 32 in force at 7.9.2006 for specified purposes by S.S.I. 2006/445, art. 2, Sch.

[^key-fa536b4059a4388b2af6a9346861d41a]: Sch. 2 para. 1 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-b65ecdbe8254c2f4fe3430314f61ad68]: Sch. 2 para. 2 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-e10c7e4840dc7d8f56badac450567807]: Sch. 2 para. 3 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-73805e849b7a818ef64c1b1e0a34fd9c]: Sch. 2 para. 5 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-43af625a889b2c97f7a95fc8daea07d6]: Sch. 2 para. 6 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-df8b101631340374298da0694b35ed73]: Sch. 2 para. 7 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-19bb7d960305bc885f8361b9d03f7912]: Sch. 2 para. 8 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-08b8609c4a8d11b415dc8ca654cbc941]: Sch. 2 para. 9 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-aacd673774655b4ab2263d79b5f73fe1]: Sch. 2 para. 10 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-be8200e12e23fab0666270a8c1cf2b91]: Sch. 2 para. 11 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-9fcd8c1c1e15df40bcb3a03f7f206e46]: Sch. 2 para. 12 in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-bcbc5773f3a89e08c1c129625a63f446]: Sch. 5 para. 7(7) in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.

[^key-ac65fa36c5a8ae6ed0d578320b42fb8e]: Sch. 2 para. 1 applied (with modifications) (5.10.2006) by Water Services and Sewerage Services Licences (Scotland) Order 2006 (S.S.I. 2006/464), arts. 1(1), 4

[^key-d6f19dd7f921cf9673f993e997a42b7c]: Sch. 2 para. 2 applied (with modifications) (5.10.2006) by Water Services and Sewerage Services Licences (Scotland) Order 2006 (S.S.I. 2006/464), arts. 1(1), 4

[^key-f5ea743dbe2dc33e0f423077ed4ca3be]: S. 6 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-c75aa09ae7b3a9ff7a172585f05c1c78]: S. 7 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-402028533f3c98c5a819addb5e5190a6]: S. 9 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-ecc6ea36b9b0f0b78e6152c377bf5769]: S. 12 in force at 8.1.2007 in so far as not already in force by S.S.I. 2006/599, art. 2, Sch.

[^key-71cf72f43c90bca32725651b2e2e961a]: S. 32 in force at 8.1.2007 for specified purposes by S.S.I. 2006/599, art. 2, Sch.

[^key-dac8850c9005fdb0650c086b2c8c8dca]: Sch. 2 para. 4 in force at 8.1.2007 by S.S.I. 2006/599, art. 2, Sch.

[^key-af74f3bba48af8be923eea1baebdbd00]: Sch. 5 para. 7(10) in force at 8.1.2007 by S.S.I. 2006/599, art. 2, Sch.

[^key-d2e3eefa373d668b713bc95c7b635917]: S. 26(10A) inserted (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 115(3), 128(2) (with s. 127); S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-cd66d3a30d7f35d26ddb20fcc27ebc35]: Words in s. 26(10) substituted (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 115(2), 128(2) (with s. 127); S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-497e83c5c6ef413975b101c8c4802753]: Words in s. 13(3)(a)(i) substituted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 248(a) (with art. 10)

[^key-db1b3a022c6b72d98cc1c0ccb7423b89]: Words in s. 13(3)(a)(ii) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 248(b) (with art. 10)

[^key-8a1698223196a15b92c5dd102a570dd2]: S. 3 repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-7fb176c1c990d404ea4adcf741021379]: S. 19(4)(c) substituted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 14; S.S.I. 2011/278, art. 2(d)

[^key-087e2e225616f5865bb23c25a00c4cf8]: Sch. 5 para. 7(3) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-4dfa090e936b55c7c3c0d02ce7a3b4e8]: Sch. 5 para. 8(a) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-3aef0ee32ca9a36324f6297a388608c7]: Sch. 5 para. 9(a) repealed (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7)(8), Sch. 2 para. 21; S.S.I. 2011/278, art. 2(d)

[^key-98324742f0277cfec68303c20a2bd9c5]: S. 11A inserted (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 131, 134(7), 134(8); S.S.I. 2011/278, art. 2(c)

[^key-88d4a280f0b049771ba82aa710001b37]: Sch. 5 para. 7(5) in force at 22.7.2012 by S.S.I. 2012/192, art. 2

[^key-5091254b7184662e42328baeb65300f8]: S. 14(2)(2A) substituted for s. 14(2) (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. 28(2), 56(1), 56(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(a)

[^key-79600e9d34e90758d1a068df0dc23ba0]: Word in s. 14(3) substituted (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. 28(3), 56(1), 56(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(a)

[^key-3d267c3b4b88f90eac3ece73fce80046]: Words in s. 14(6) 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. 28(4), 56(1), 56(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(a)

[^key-6dd1f56bcc087b5d07b1a6f300e21899]: Words in s. 25(9) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 9; S.S.I. 2014/160, art. 2(1)(2), Sch.

[^key-ab46b638365d368185d4346df146d218]: Words in s. 6(1) substituted (20.11.2015) by Water Act 2014 (c. 21), ss. 7(3)(a), 94(3); S.S.I. 2015/360, art. 2(b)

[^key-542487ce21da7ba6a96b3dc7894621bc]: Words in s. 6(3) substituted (20.11.2015) by Water Act 2014 (c. 21), ss. 7(3)(b), 94(3); S.S.I. 2015/360, art. 2(b)

[^key-fc84197017ca8c4516561fba584f49fc]: Words in s. 34(3)(c) inserted (20.11.2015) by Water Act 2014 (c. 21), ss. 7(4), 94(3); S.S.I. 2015/360, art. 2(b)

[^key-a9619b9e427272b5383362bd430c6db1]: Sch. 2 paras. 1A, 1B and cross-headings inserted (20.11.2015 for the insertion of Sch. 2 para. 1A, 1.4.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 7(2), 94(3); S.S.I. 2015/360, art. 2(a); S.S.I. 2016/48, art. 2

[^key-a6288d5813906460a8a48b7bcfe6b0e1]: Ss. 20A, 20B and cross-heading inserted (10.6.2013 for specified purposes, 1.4.2016 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 32, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2016/14, art. 2

[^key-ce3eb7374a800b984bf96ec4eecae1e9]: S. 34(2A) inserted (10.6.2013 for specified purposes, 1.1.2017 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 33(1), 56(1)(2); S.S.I. 2013/163, art. 3, sch.; S.S.I. 2016/327, art. 2

[^key-a118cebea8809c4007699ac34a29dade]: Ss. 20C, 20D inserted (10.6.2013 for specified purposes, 1.1.2017 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 33(2), 56(1)(2); S.S.I. 2013/163, art. 3, sch.; S.S.I. 2016/327, art. 2

[^key-68389ded7f875a85a492316227ec674b]: Words in s. 19(4)(c) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 2(2) (with reg. 3)

[^key-dbd6d23eb08a3233a513d000100cea02]: Words in s. 20B(4)(c) substituted (10.11.2022) by The Consumer Scotland (Transfer of Functions) Regulations 2022 (S.S.I. 2022/296), reg. 1(1), sch. para. 2(3) (with reg. 3)

Meaning of “eligible premises”

Control of water from coal mines

Offences by bodies corporate and partnerships

Water Industry Commission for Scotland

11A

• (1) Subsections (2) to (4) apply where a water services provider or, as the case may be, a sewerage services provider (“ the provider ”) has requested (in writing) that the Scottish Public Services Ombudsman (“the Ombudsman”) investigate complaints made about the provider by occupiers of premises served by the provider.

• (2) Subject to subsection (4), the Scottish Public Services Ombudsman Act 2002 applies to such complaints as it applies to complaints made under that Act about a listed authority.

• (3) For the purposes of subsection (2), the provider is to be treated as a listed authority and the complainer as the person aggrieved.

• (4) Paragraph 7 of schedule 4 to the Scottish Public Services Ombudsman Act 2002 (Ombudsman not to investigate contractual or commercial transactions relating to a listed authority) does not apply.

• (5) Subsections (6) to (9) apply where—

• (a) the provider has—

• (i) requested (in writing) that the Ombudsman may not investigate any new complaints relating to the provider,

• (ii) sent a copy of that request to the Commission, and

• (b) the Commission has agreed to that request and notified the Ombudsman accordingly.

• (6) The Ombudsman may not investigate any new complaints relating to the provider from the date that the Ombudsman receives notification under subsection (5)(b).

• (7) The Ombudsman is to continue investigating any undetermined complaints about the provider which have been made to the Ombudsman prior to the Ombudsman's receipt of notification under subsection (5)(b).

• (8) For the purpose of enabling an undetermined complaint to continue to be dealt with, subsections (2) and (3) continue to apply and have effect as they applied and had effect immediately before the Ombudsman received notification under subsection (5)(b).

• (9) For the purpose of subsection (7), a complaint is determined by the Ombudsman if the Ombudsman—

• (a) has decided to conduct an investigation in relation to the complaint and that investigation is concluded, or

• (b) has decided not to conduct an investigation in relation to the complaint.

Licences and compliance: further provision

Scottish Water's functions: powers of the Scottish Ministers

Sewerage nuisance: code of practice

Meaning of “eligible premises”

Contractual matters

20A

• (1) Subsection (4) applies as respects the circumstances specified in subsection (2) or (3).

• (2) The circumstances are that water is supplied to eligible premises by Scottish Water otherwise than in pursuance of arrangements made between—

• (a) a water services provider, and

• (b) the occupier of the premises.

• (3) The circumstances are that sewerage is provided to, or sewage is disposed of from, eligible premises by Scottish Water otherwise than in pursuance of arrangements made between—

• (a) a sewerage services provider, and

• (b) the occupier of the premises.

• (4) The relevant parties are deemed to have made arrangements with each other for the provision to the premises of the services to which subsection (2) or (as the case may be) (3) relates.

• (5) The terms and conditions set by a scheme made under section 20B are incorporated into the arrangements—

• (a) as if they were agreed by the relevant parties, and

• (b) so far as they are relevant having regard to the purposes or areas to which they extend.

• (6) The arrangements are effective as from the later of—

• (a) the day on which the premises began to receive those services,

• (b) the day on which the occupier acquired the premises,

• (c) the day on which section 32 of the Water Resources (Scotland) Act 2013 came into force.

• (7) Sections 16 to 20 have effect in relation to the arrangements as if they were made ordinarily between the relevant parties.

• (8) In this section—

• (a) the references to the relevant parties are to—

• (i) the water services or (as the case may be) sewerage services provider that is designated in accordance with a scheme made under section 20B, and

• (ii) the occupier of the premises,

• (b) the references to the occupier of premises are, if the premises are unoccupied, to be construed as references to the owner of the premises.

20B

• (1) The Commission must make a scheme setting out the terms and conditions to be incorporated into any arrangements deemed by section 20A(4) to have been made.

• (2) A scheme under this section may—

• (a) specify the basis on which a particular water or sewerage services provider is to be designated in connection with section 20A(8)(a)(i),

• (b) in respect of the services to which section 20A(2) or (as the case may be) (3) relates—

• (i) fix the maximum charges that may be recovered by the water or sewerage services provider so designated,

• (ii) allow the water or sewerage services provider so designated to set the particular charges that are to be recovered by it.

• (3) A scheme under this section may—

• (a) make different provision for different purposes or areas,

• (b) for future application, revise an earlier such scheme.

• (4) Before making a scheme under this section, the Commission must consult—

• (a) every water or sewerage services provider,

• (b) Scottish Water, and

• (c) Consumer Scotland.

• (5) As soon as practicable after the Commission makes a scheme under this section, it must—

• (a) in a manner appropriate for bringing the scheme to the attention of persons likely to be affected by it, publish a notice stating its effect,

• (b) send a copy of the scheme to—

• (i) every water or sewerage services provider,

• (ii) Scottish Water, and

• (iii) any other person who requests it.

20C

• (1) Subsection (2) applies to any premises—

• (a) to which water is supplied under section 16(2), or

• (b) to which sewerage is provided, or from which sewage is disposed of, under section 16(5).

• (2) The owner of the premises must give the water or sewerage services provider the required information if there is a change in occupancy because they—

• (a) are occupied by a new occupier, or

• (b) have fallen vacant.

• (3) In subsection (2), “ required information ” means—