Water Services etc. (Scotland) Act 2005

• (a) address of the premises,

• (b) identity of the new occupier or (as the case may be) fact that the premises have fallen vacant,

• (c) day on which the change in occupancy occurred.

• (4) The Scottish Ministers may by regulations—

• (a) make rules for timing and procedure in connection with subsections (1) and (2),

• (b) by addition, modify the list in subsection (3).

Liability for charges

20D

• (1) Subsection (2) applies if, without reasonable excuse, an owner of any premises to which section 20C(1) relates fails to comply with section 20C(2) (except where the new occupier is the owner or the premises have fallen vacant).

• (2) The new occupier's liability (if any) to the water or sewerage services provider for the relevant charges becomes shared jointly and severally with the owner.

• (3) In subsection (2), “ relevant charges ” means charges arising by virtue of any arrangements to which section 16(1) or (as the case may be) (4) relates.

• (4) The Scottish Ministers may by regulations make rules for—

• (a) timing and procedure in connection with subsections (1) and (2),

• (b) exempting an owner from liability under subsections (1) and (2) where, although information supplied by the owner is inaccurate or incomplete, the owner has taken prescribed steps to ensure its accuracy or completeness.

Determinations relating to provision of services

Qualification of duty to provide services

Monitoring and enforcement

Meaning of “public water supply system”

Offences by bodies corporate and partnerships

Applications forwarded by the Water Services Regulation Authority

1A

• (1) The Scottish Ministers may by order make provision about—

• (a) treating an application under section 17F of the 1991 Act for the grant of a water supply licence giving a retail authorisation or a restricted retail authorisation as being also an application under paragraph 1 for the grant of a water services licence;

• (b) treating an application under section 17F of the 1991 Act for the grant of a sewerage licence giving a retail authorisation as being also an application under paragraph 1 for the grant of a sewerage services licence.

• (2) The order may in particular make provision about—

• (a) the circumstances in which, and the conditions subject to which, an application under section 17F of the 1991 Act is to be treated as an application under paragraph 1 for a water services licence or a sewerage services licence;

• (b) the time at which an application is to be treated as having been made;

• (c) the processing of an application by the Commission.

• (3) Provision under sub-paragraph (2)(a) may require an application under section 17F of the 1991 Act that is forwarded to the Commission—

• (a) to include, or be accompanied by, information prescribed by the order;

• (b) to be accompanied by a fee, or a fee of a description, prescribed by the order.

• (4) In this paragraph and paragraph 1B “ the 1991 Act ” means the Water Industry Act 1991.

1B

• (1) If the conditions in sub-paragraph (2) are satisfied, the Commission must—

• (a) forward to the Authority a copy of an application under paragraph 1 for the grant of a water services licence or sewerage services licence;

• (b) send to the Authority such information, documents and fee as appear to the Commission to be required in order that the application may be treated by the Authority as an application under section 17F of the 1991 Act for the grant of—

• (i) a water supply licence giving a retail authorisation or a restricted retail authorisation or both, or

• (ii) a sewerage licence giving a retail authorisation,

as the case may be.

• (2) The conditions are that—

• (a) the Commission is requested to do so by the applicant;

• (b) the application under paragraph 1 appears to the Commission to be an application that would be treated by the Authority as an application under section 17F of the 1991 Act for the grant of—

• (i) a water supply licence giving a retail authorisation or a restricted retail authorisation or both, or

• (ii) a sewerage licence giving a retail authorisation,

as the case may be;

• (c) the applicant has given the Commission—

• (i) such information and documents as are mentioned in sub-paragraph (1)(b), and

• (ii) a means of sending to the Authority such fee as is mentioned in sub-paragraph (1)(b).

• (3) The Commission must—

• (a) forward a copy of the application, and

• (b) send such information, documents and fee as are mentioned in sub-paragraph (1)(b),

before the end of the agreed period for an application of that description.

• (4) In this paragraph—

• “ the agreed period ”, in relation to an application under paragraph 1 of a particular description, means the period agreed between the Commission and the Authority as the period applying to an application of that description for the purposes of sub-paragraph (3);

• “ the Authority ” means the Water Services Regulation Authority.

Conditions of licence