Office of Public Sector Information
SCHEDULE 6 continued
41 In section 63 (provision of water supply for new buildings and houses)—
(a) in subsection (1A), for the words from “the water” to the end substitute “Scottish Water”,
(b) in subsection (2)—
(i) for “the water authority” substitute “Scottish Water”,
(ii) for “the authority” substitute “Scottish Water”,
(iii) for “their” substitute “its”.
42 In section 68(1) (agreements as to drainage)—
(a) for “A water authority” substitute “Scottish Water”,
(b) for “the authority consider” substitute “Scottish Water considers”,
(c) for “they are” substitute “it is”,
(d) for “the authority” substitute “Scottish Water”.
43 In section 69 (power to restrict use of hose pipes)—
(a) in subsection (1)—
(i) for “a water authority are” substitute “Scottish Water is”,
(ii) for “them” in both places where it occurs substitute “it”,
(iii) for “they” in the first place where it occurs substitute “it”,
(iv) for “they think” substitute “it thinks”,
(v) for “their” substitute “its”,
(b) in subsection (2)—
(i) for “The authority” substitute “Scottish Water”,
(ii) for “the authority” substitute “it”.
44 (1) Section 70 (byelaws for preventing misuse of water) is amended as follows.
(2) In subsection (1)—
(a) for “A water authority” substitute “Scottish Water”,
(b) for “them” substitute “it”.
(3) In subsection (2)—
(a) for “the authority” substitute “Scottish Water”,
(b) for “them” substitute “it”.
(4) In subsection (3), for “the authority” substitute “Scottish Water”.
(5) In subsection (4)—
(a) for “a water authority consider” substitute “Scottish Water considers”,
(b) for “them” substitute “it”,
(c) for “they” substitute “it”,
(d) for “the authority” substitute “Scottish Water”.
45 (1) Section 71 (byelaws for preventing pollution of water) is amended as follows.
(2) In subsection (1)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “them” substitute “it”,
(c) for “they are” substitute “it is”,
(d) for “they” in the second place where it occurs substitute “it”,
(e) for “they deem” substitute “it deems”.
(3) In subsection (2)—
(a) for “the water authority” substitute “Scottish Water”,
(b) for “they consider” substitute “it considers”,
(c) for “their” substitute “its”.
(4) In subsection (3)—
(a) for “The water authority” substitute “Scottish Water”,
(b) for “the local authority” in both places where that expression occurs substitute “Scottish Water”.
(5) In subsection (4)—
(a) for “the local authority” in both places where that expression occurs substitute “Scottish Water”,
(b) for “them” substitute “it”.
(6) Subsection (5) is repealed.
(7) In subsection (6), for “the authorities” substitute “Scottish Water”.
46 In section 72(2) (general provision as to byelaws)—
(a) for the words from “a water” to “those” in the first place where it occurs substitute “Scottish Water to enforce such”,
(b) for “the authority” substitute “Scottish Water”.
47 In section 73 (power of Scottish Ministers to require the making of byelaws)—
(a) in subsection (1)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) for “the authority do” substitute “Scottish Water does”,
(b) in subsection (2)—
(i) for “an authority” in both places where the expression occurs substitute “Scottish Water”,
(ii) for “the authority” in the first place where the expression occurs substitute “Scottish Water”,
(iii) for “the authority do” substitute “Scottish Water does”,
(c) in subsection (3), for “the authority concerned” substitute “Scottish Water”.
48 (1) Section 76 (acquisition of land for protection of water) is amended as follows.
(2) In subsection (1)—
(a) for the words “Local Government etc. (Scotland) Act 1994” substitute “Water Industry (Scotland) Act 2002 (asp 3)”,
(b) for “a water authority” substitute “Scottish Water”,
(c) for “their” substitute “its”,
(d) for “the authority” substitute “Scottish Water”,
(e) for “they are” substitute “it is”.
(3) In subsection (2)—
(a) for “A water authority” substitute “Scottish Water”,
(b) for “them” substitute “it”,
(c) for “they have” substitute “it has”,
(d) for “the authority” in each place where the expression occurs substitute “Scottish Water”,
(e) for “they are” substitute “it is”.
(4) In subsection (3)—
(a) for “A water authority proposing” substitute “Where Scottish Water proposes”,
(b) after “(2)” insert “it”,
(c) the words “whether within or outside their limits of supply” are repealed,
(d) for “the authority” substitute “Scottish Water”,
(e) for “any authority” substitute “Scottish Water”,
(f) for “that authority” substitute “Scottish Water”.
49 (1) Section 76A (duties of water authorities with respect to water quality) is amended as follows.
(2) In subsection (1)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “that authority” substitute “Scottish Water”.
(3) In subsection (2)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “the authority's” substitute “Scottish Water's”.
(4) In subsection (3)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “the authority's” in both places where the expression occurs substitute “Scottish Water's”,
(c) for “the authority” substitute “Scottish Water”.
(5) In subsection (4)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “the authority” substitute “Scottish Water”.
50 (1) Section 76B (regulations for preserving water quality) is amended as follows.
(2) In subsection (1)—
(a) for “a water authority” in both places where the expression occurs substitute “Scottish Water”,
(b) for “that authority” in each place where the expression occurs substitute “Scottish Water”.
(3) In subsection (2)—
(a) for “water authorities” in each place where the expression occurs substitute “Scottish Water”,
(b) for “their” substitute “its”.
(4) In subsection (3)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “that authority” substitute “Scottish Water”.
(5) In subsection (4)—
(a) for “a water authority” in both places where the expression occurs substitute “Scottish Water”,
(b) for “the authority” substitute “Scottish Water”.
51 In section 76C (offence of supplying water unfit for human consumption)—
(a) in subsection (1)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) for “the authority” substitute “Scottish Water”,
(b) in subsection (2), for “the water authority” in both places where the expression occurs substitute “Scottish Water”.
52 In section 76D (provision of water where piped supplies insufficient or unwholesome)—
(a) in subsection (1)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) for “the authority” substitute “Scottish Water”,
(iii) for “the water authority” in each place where the expression occurs substitute “Scottish Water”,
(b) in subsection (2)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) for “the water authority” substitute “Scottish Water”.
53 In section 76E (enforcement of sections 76A to 76D)—
(a) in subsection (1), for “water authorities” substitute “Scottish Water”,
(b) in subsection (4)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) for “the water authority have” substitute “Scottish Water has”,
(iii) for “are” in the third place where it occurs substitute “is”,
(iv) for “them” substitute “it”.
54 In section 76F (general functions of local authorities in relation to water quality)—
(a) in subsection (2)—
(i) for “any water authority” substitute “Scottish Water and the Drinking Water Quality Regulator for Scotland”,
(ii) for “that water authority” in both places where the expression occurs substitute “Scottish Water”,
(b) in subsection (3)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) for “the water authority” substitute “Scottish Water, to notify the Drinking Water Quality Regulator for Scotland of that fact and”.
55 In section 76G(6)(a) (remedial powers of local authorities in relation to private supplies), for “a water authority” substitute “Scottish Water”.
56 In section 76H(5)(b) (effect, confirmation and variation of notice under section 76G)—
(a) for “a water authority” substitute “Scottish Water”,
(b) for “their” substitute “its”.
57 In section 76I(2) (incidental powers of local authorities), for “a water authority” in both places where the expression occurs substitute “Scottish Water”.
58 In section 76L (interpretation etc. of Part VIA), in the definition of “private supply”, for “a water authority” substitute “Scottish Water”.
59 In section 100(2) (orders), for the words from “all” to the end substitute “Scottish Water”.
60 In section 103 (notices to be in writing), for “water authority” in both places where the expression occurs substitute “Scottish Water”.
61 In section 107 (repeal, amendment and adaptation of local enactments)—
(a) in subsection (1)(b)—
(i) for “a water authority” substitute “Scottish Water”,
(ii) in sub-paragraph (i), for “the applicant” substitute “Scottish Water”,
(iii) sub-paragraph (ii) is repealed,
(b) in subsection (5), for “a water authority” substitute “Scottish Water”.
62 In section 109 (interpretation)—
(a) in subsection (1)—
(i) for the definition of “area” substitute—
““area”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c. 39);”,
(ii) for the definition of “limits of supply” substitute—
““limits of supply”, in relation to Scottish Water, means the area of Scottish Water;”,
(iii) the definition of “water authority” is repealed,
(iv) in the definition of “supply of water in bulk” for “the water authority taking the supply” substitute “Scottish Water”,
(b) in subsection (3), for “the water authority” substitute “Scottish Water”.
63 In section 110(2) (further provisions as to communication pipes etc.)—
(a) for “the water authority” substitute “Scottish Water”,
(b) for “the authority” substitute “Scottish Water”.
64 (1) Schedule 1 (procedure for making orders and making and confirming byelaws) is amended as follows.
(2) In paragraph 1—
(a) for “Applicants” substitute “Where Scottish Water proposes to apply”,
(b) after “applies” insert “it”,
(c) for “they desire” substitute “it desires”.
(3) In paragraph 2—
(a) for “the applicants” substitute “Scottish Water”,
(b) in sub-paragraph (i), the words “water authority and” are repealed,
(c) in sub-paragraph (ii), for “the applicants” substitute “Scottish Water”.
(4) In paragraph 3—
(a) for “The applicants” substitute “Scottish Water”,
(b) for “they are” substitute “it is”,
(c) the words from “naming” to “order” in the second place where it occurs are repealed.
(5) In paragraph 4—
(a) for “The applicants” substitute “Scottish Water”,
(b) for “they think” substitute “it thinks”.
(6) In paragraph 5, for “the applicants” in both places where the expression occurs substitute “Scottish Water”.
(7) In paragraph 8—
(a) for “the applicants” substitute “Scottish Water”,
(b) the words from “and the” to the end are repealed.
(8) In paragraph 11, in sub-paragraph (i), for “the water authority and” substitute “Scottish Water and on the”.
(9) In paragraph 12, the words from “naming” to “order” in the second place where it occurs are repealed.
(10) In paragraph 14, for the words “the authority to whom the order relates” substitute “Scottish Water”.
(11) In paragraph 15, after “from” in the second place where it occurs insert “Scottish Water or”.
(12) In paragraph 17, for the words from “the authority” to the end substitute “Scottish Water”.
(13) In paragraph 19—
(a) for “A water authority who propose” substitute “Where Scottish Water proposes”,
(b) after “applies” insert “it”,
(c) for “their” substitute “its”,
(d) the words “water authority and” are repealed,
(e) for “the water authority” in the second place where that expression occurs substitute “Scottish Water”.
(14) In paragraph 20—
(a) for “The water authority” substitute “Scottish Water”,
(b) for “they propose” substitute “it proposes”.
(15) In paragraph 23, for the words from “the authority” to the end substitute “Scottish Water”.
(16) In paragraph 24, the words from “shall be” to “and” are repealed.
(17) In paragraph 26, for “the water authority” substitute “Scottish Water”.
(18) In paragraph 27—
(a) for “The water authority” substitute “Scottish Water”,
(b) for “they” substitute “it”.
(19) In paragraph 30—
(a) for “the water authority” substitute “Scottish Water”,
(b) for “the authority” substitute “Scottish Water”.
(20) In paragraph 31, for “the authority” in both places where the expression occurs substitute “Scottish Water”.
65 In Schedule 2 (orders under section 17 authorising compulsory acquisition of land)—
(a) in paragraph 4—
(i) for “the water authority” substitute “Scottish Water”,
(ii) for “they” substitute “it”,
(b) in paragraph 6, for “the water authority” in both places where the expression occurs substitute “Scottish Water”.
66 (1) Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes) is amended as follows.
(2) In paragraph 1—
(a) for “a water authority” substitute “Scottish Water”,
(b) in the proviso, for “they” substitute “it”.
(3) In paragraph 2(2)—
(a) for “the authority propose” substitute “Scottish Water proposes”,
(b) for “they” substitute “it”,
(c) for “the authority” substitute “Scottish Water”.
(4) In paragraph 4—
(a) in sub-paragraph (1)—
(i) for “A water authority” substitute “Scottish Water”,
(ii) for “they deem” substitute “it deems”,
(iii) in the proviso, for “the authority” substitute “Scottish Water”,
(b) in sub-paragraph (2), for “the authority” substitute “Scottish Water”.
(5) In paragraph 5—
(a) for “any water authority” substitute “Scottish Water”,
(b) for “the authority” substitute “Scottish Water”.
(6) In paragraph 6—
(a) in sub-paragraph (1)—
(i) for “the authority” substitute “Scottish Water”,
(ii) for “they” in the first place where it occurs substitute “it”,
(iii) for “they think” substitute “it thinks”,
(b) in sub-paragraph (2)—
(i) for “the water authority” substitute “Scottish Water”,
(ii) for “the authority” in the first place where the expression occurs substitute “Scottish Water”,
(iii) for “they are” substitute “it is”,
(iv) for “them” in each place where it occurs substitute “it”,
(v) for “the authority lay” substitute “Scottish Water lays”,
(c) in sub-paragraph (3)—
(i) for “an authority to whom such a notice as aforesaid is given”, substitute “where such a notice as aforesaid is given to Scottish Water, it”,
(ii) for “them” in both places where it occurs substitute “it”,
(iii) for “their” in both places where it occurs substitute “its”,
(iv) for “they make” substitute “it makes”,
(v) for “the authority” substitute “Scottish Water”,
(vi) for “they” in the second and third places where it occurs substitute “it”.
(7) In paragraph 7—
(a) in sub-paragraph (1)—
(i) for “the authority” substitute “Scottish Water”,
(ii) for “them” substitute “it”,
(b) in sub-paragraph (2)—
(i) for “the authority give” substitute “Scottish Water gives”,
(ii) for “three months” substitute “such period of not less than three months as the notice shall specify”,
(iii) for “the authority” in the second place where the expression occurs substitute “Scottish Water”,
(c) in sub-paragraph (3)—
(i) for “the authority” substitute “Scottish Water”,
(ii) for “themselves” substitute “itself”,
(d) in sub-paragraph (4)—
(i) for “the authority” substitute “Scottish Water”,
(ii) for “they are” in both places where the expression occurs substitute “it is”,
(iii) for “them” in both places where it occurs substitute “it”,
(e) in sub-paragraph (5)—
(i) for “the authority” in the first place where the expression occurs substitute “Scottish Water”,
(ii) for “the authority have” substitute “Scottish Water has”.
(8) In paragraph 9—
(a) in sub-paragraph (1), for “the authority” in both places where the expression occurs substitute “Scottish Water”,
(b) in sub-paragraph (2), for “the authority deem” substitute “Scottish Water deems”.
67 In Schedule 10 (amendment of enactments), Part I is repealed.
Water Industry (Scotland) Act 2002