UK Act of Parliament 2002 Scotland

Water Industry (Scotland) Act 2002

Enforced by
WICS
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 48 obligations carry an unlimited fine. 1 carries different penalties and 45 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7 Distributor1 Director or Officer1

Plus 39 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Distributor — also bound by 201 other Acts
Director or Officer — also bound by 482 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Water Industry Commissioner and the representation of consumers

5 of 10 sections shown
s.002 Citizens Advice Scotland representations Regulated
Other duties (1) — Crown / regulator
  • Consider Citizens Advice Scotland representations and publish response summariesCrown / Minister / Government department
s.003 Functions of the Commission (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • WICS must advise Scottish Ministers on Scottish Water service standardsStatutory regulator
s.004 Power of the Commissioner to require information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must provide information to the Commission when requestedCrown / Minister / Government department
s.005 Annual reports by, and information from, the Commissioner (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Commission must publish annual report and give information to Scottish MinistersStatutory regulator
s.006 Funding of the Commission and Consumer Scotland (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must pay WICS and Consumer Scotland as directedCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
s.006 Convener of Customer Panels to investigate complaints
s.006 Annual reports and information regarding Customer Panels
s.006 Co-operation between the Commission and Customer Panels
Part 2

Drinking Water Quality Regulator

5 of 13 sections shown
s.011 Enforcement notices: further provisions (opens in a new tab) Regulated
  • Public water suppliers must consult Health Board on enforcement noticesDistributor
s.012 Failure to comply with enforcement notices (opens in a new tab) Prosecution
  • Fail to comply with enforcement notice or obstruct regulatorAny Person

Unlimited fine

s.015 Register of enforcement notices and emergency notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must keep a public register of enforcement and emergency noticesStatutory regulator
s.016 Power to require information from local authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must share water quality information with WICSLocal authority
s.017 Annual reports (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must publish annual report on its activitiesStatutory regulator
8 other sections in this Part — procedural and definitional
Part 3

Scottish Water

23 of 57 sections shown
s.026 Customer standards code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must prepare, publish and comply with a customer standards codeCrown / Minister / Government department
s.028 Consultation code (opens in a new tab) Regulated
  • Scottish Water must prepare, publish and follow a consultation codeAny Person
s.029 Charges schemes Regulated
  • Scottish Water must produce and publish an approved charges schemeAny Person
s.029 Determination of maximum charges Regulated
Other duties (1) — Crown / regulator
  • WICS must set and consult on maximum water and sewerage chargesStatutory regulator
s.029 Exercise of functions regarding charges Regulated
Other duties (1) — Crown / regulator
  • WICS must ensure Scottish Water's charges comply with statutory requirementsStatutory regulator
s.029 Statements regarding charges Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must issue statement of policy on water chargesCrown / Minister / Government department
s.029 Review of determinations and charges Regulated
Other duties (1) — Crown / regulator
  • WICS must review and decide revised water charges after material changeStatutory regulator
s.041 Duties and powers relating to finance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must keep finances balanced and set charges accordinglyCrown / Minister / Government department
s.043 Guarantees (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must lay statement of guarantee before ParliamentCrown / Minister / Government department
s.045 Accounts and audit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must keep proper accounts and obtain annual auditCrown / Minister / Government department
s.049 Interests of customers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers and Scottish Water must consider customer interestsCrown / Minister / Government department
s.050 Economy, efficiency and effectiveness (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must use resources economically, efficiently and effectivelyCrown / Minister / Government department
s.050 Development of assets Regulated
  • Scottish Water must develop commercial value of its assets and expertiseAny Person
s.051 Sustainable development (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must pursue sustainable development in all its functionsCrown / Minister / Government department
s.051 Supporting renewable energy Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must promote renewable energy use of its assetsCrown / Minister / Government department
s.052 Public access to land held by Scottish Water (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers and Scottish Water must consider preserving public access to landCrown / Minister / Government department
s.053 Environmental matters (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers and Scottish Water must protect environment and public accessCrown / Minister / Government department
s.054 Protection of natural heritage (opens in a new tab) Regulated
  • Scottish Water must consult SNH and National Park authorities before works affecting protected sitesAny Person
s.055 Consultation with Health Boards (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must consult Health Boards and tackle public health risksCrown / Minister / Government department
s.056 Directions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must direct Scottish Water and consult before doing soCrown / Minister / Government department
s.056 Directions may set objectives Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult on Scottish Water objectives before issuing directionsCrown / Minister / Government department
s.057 Information and reports (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must provide information and reportsCrown / Minister / Government department
s.058 Records (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must give the Keeper unrestricted access to its recordsCrown / Minister / Government department
34 other sections in this Part — procedural and definitional
s.029 Departure from certain charges
s.029 Effective exercise of core functions
s.035 Charges for services arranged by licensed providers
s.042 Financing and borrowing: subsidiaries
s.042 Borrowing: Budget Acts
s.056 Supplementary functions
Part 4

Miscellaneous and general

3 of 10 sections shown
s.063 Register of trade effluents: confidential information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must keep confidential trade effluent information off the registerStatutory regulator
s.064 Works in connection with metering (opens in a new tab) Regulated
  • Carry out metering works required by Scottish Water noticeAny Person
s.066 Offences by bodies corporate and partnerships (opens in a new tab) Regulated
  • Consent or neglect leading to company water offenceDirector or Officer
7 other sections in this Part — procedural and definitional
Schedules

Schedules

12 of 183 shown
s.sch002 Schedule 2 para.1 Regulated
Other duties (1) — Crown / regulator
  • Regulator must give 24 hours' notice and enter only at a reasonable timeStatutory regulator
s.sch002 Schedule 2 para.3 Regulated
Other duties (1) — Crown / regulator
  • Persons exercising WICS powers must show written proof of authority when requiredStatutory regulator
s.sch002 Schedule 2 para.5 Regulated
Other duties (1) — Crown / regulator
  • WICS officers must secure premises after exercising entry powersStatutory regulator
s.sch002 Schedule 2 para.6 Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must compensate losses caused by statutory powersCrown / Minister / Government department
s.sch002 Schedule 2 para.7 Prosecution
  • Misuse trade secrets obtained during premises entryAny Person

Unlimited fine

s.sch003 Schedule 3 para.4 Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must appoint a non-executive chair to Scottish Water's boardCrown / Minister / Government department
s.sch003 Schedule 3 para.5 Regulated
Other duties (1) — Crown / regulator
  • Scottish Water must pay board members' remuneration and allowancesCrown / Minister / Government department
s.sch004 (1) Any sum to which this schedule applies may be... Regulated
Other duties (1) — Crown / regulator
  • Sheriff must grant summary warrant for unpaid local authority sumsTribunal / Court
s.schedule a1 para.14 The Commission must— (a) prepare for each financial year, in... Regulated
Other duties (1) — Crown / regulator
  • Water Industry Commission must prepare and send annual accounts for auditStatutory regulator
s.schedule a1 para.5 (1) The Scottish Ministers— (a) must appoint one of the... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must appoint one ordinary member to chair WICS meetingsCrown / Minister / Government department
s.schedule a1 para.6 (1) The Commission must pay to each ordinary member such... Regulated
Other duties (1) — Crown / regulator
  • Pay members' remuneration and allowances as Scottish Ministers determineStatutory regulator
s.schedule a1 para.8 (1) All staff employed, immediately before the coming into force... Regulated
Other duties (1) — Crown / regulator
  • WICS must make pension arrangements for its employeesStatutory regulator
171 other schedules
s.sch001 Schedule 1 para.1
s.sch001 Schedule 1 para.2
s.sch001 Schedule 1 para.3
s.sch001 Schedule 1 para.4
s.sch001 Schedule 1 para.5
s.sch001 Schedule 1 para.6
s.sch001 Schedule 1 para.7
s.sch001 Schedule 1 para.8
s.sch001 Schedule 1 para.9
s.sch002 Schedule 2 para.2
s.sch002 Schedule 2 para.4
s.sch002 Schedule 2 para.8
s.sch003 Schedule 3 para.1
s.sch003 Schedule 3 para.10
s.sch003 Schedule 3 para.11
s.sch003 (1) The Scottish Ministers may appoint, on such terms and...
s.sch003 Membership
s.sch003 Schedule 3 para.3
s.sch003 Schedule 3 para.6
s.sch003 Schedule 3 para.7
s.sch003 Schedule 3 para.8
s.sch003 Schedule 3 para.9
s.sch004 This schedule applies to any sum which has become payable...
s.sch004 No misnomer or inaccurate description of any person or place,...
s.sch004 (1) Without prejudice to section 39(1) of the Debt Arrangement...
s.sch005 The Sewerage (Scotland) Act 1968 (c.47) is amended as follows....
s.sch005 Section 6(functions outwith area of a sewerage authority) is repealed....
s.sch005 In section 7 (agreements between roads and sewerage authorities)—
s.sch005 In section 8 (agreements as to provision of sewers etc....
s.sch005 In section 9 (loan of temporary sanitary conveniences), for—
s.sch005 In section 10 (emptying of septic tanks)—
s.sch005 In section 11 (duty of sewerage authority to keep map...
s.sch005 In section 12 (rights of owners and occupiers to connect...
s.sch005 Section 13(rights of owners and occupiers to connect with and...
s.sch005 In section 14 (direction by sewerage authority as to manner...
s.sch005 In section 15 (owner or occupier to remedy defects in...
s.sch005 In each of the following provisions, for “a sewerage authority”...
s.sch005 In section 16 (vesting of sewers and other works in...
s.sch005 In section 16A (vesting of certain private sewers)—
s.sch005 In section 17 (sewerage authority may take over private sewage...
s.sch005 In section 20 (compensation for loss etc. resulting from exercise...
s.sch005 In section 21(1) (buildings not to interfere with sewers), for...
s.sch005 In section 23 (restriction on working minerals), for “section 98(1)(b)...
s.sch005 In section 27 (procedure on application for consent to new...
s.sch005 In section 28 (time to dispose of application), for “them”...
s.sch005 In section 29 (decision on application)— (a) in subsection (1)—...
s.sch005 In section 30(1) (intimation of decision)— (a) for “their” substitute...
s.sch005 In each of the following provisions, for “the sewerage authority”...
s.sch005 In section 32 (review of consents, conditions and refusals)—
s.sch005 In section 36 (review of continuation of existing discharge)—
s.sch005 In section 37 (agreements as respects trade premises)—
s.sch005 In section 37A (register for purposes of Part II)—
s.sch005 In section 38 (power to extend Part II to other...
s.sch005 In section 39 (sewerage authority to have right to sewage)—...
s.sch005 In section 41 (breaking open of roads etc.)—
s.sch005 In section 42(1) (execution of works by sewerage authorities for...
s.sch005 In section 44 (power of sewerage authorities to require information...
s.sch005 In section 48(1) (powers of entry)— (a) in paragraph (d),...
s.sch005 In each of the following provisions, for “the authority” wherever...
s.sch005 In section 55(2) (application of Act to Crown), for the...
s.sch005 In section 59(interpretation)— (a) for the definition of “area” substitute—...
s.sch005 In section 1 (duty of sewerage authority to provide for...
s.sch005 In section 2 (maintenance of public sewers and other works)—...
s.sch005 In section 3 (construction etc. of public sewers and public...
s.sch005 In section 3A (authorisation of construction of certain private sewers)—...
s.sch005 In section 4 (power of sewerage authority to close or...
s.sch006 The Water (Scotland) Act 1980 (c.45) is amended as follows....
s.sch006 (1) Section 13 (supply of water in bulk) is amended...
s.sch006 In section 13A (supply of water for use outwith Scotland)—...
s.sch006 In section 14 (power of water authority to give guarantee...
s.sch006 (1) Section 16 (powers of survey and search for water...
s.sch006 (1) Section 17 (acquisition of water rights) is amended as...
s.sch006 In section 18(1) (compulsory acquisition of land for water works)—...
s.sch006 In section 21 (power to carry out works)—
s.sch006 In section 22 (power to break open roads)—
s.sch006 (1) Section 23 (power to lay mains etc.) is amended...
s.sch006 (1) Section 24A (keeping of map showing water mains etc.)...
s.sch006 In section 1 (general duties of Scottish Ministers and of...
s.sch006 In section 25(1) (power of authority to provide public wells)—...
s.sch006 In section 26 (power to close, or restrict use of,...
s.sch006 In section 28 (water works code)— (a) in subsection (1),...
s.sch006 In section 29 (applications of enactments by order)—
s.sch006 In section 31(1) (consultation with authorities in England)—
s.sch006 In section 32(1) (power of water undertakers to supply water...
s.sch006 (1) Section 33 (temporary discharge of water into watercourses) is...
s.sch006 In section 34 (persons supplying water to supply to authority)—...
s.sch006 In section 35 (power to supply water fittings)—
s.sch006 In section 36 (power to execute work on behalf of...
s.sch006 (1) Section 6 (duty of authority to provide supply) is...
s.sch006 In section 38(1) (entry of premises)— (a) for “a water...
s.sch006 In section 41A (supply of water by meter)—
s.sch006 (1) Section 50 (power to require supply by meter) is...
s.sch006 In section 51 (power to require supplies for refrigerating apparatus...
s.sch006 In section 52 (power to require supply for hose pipe...
s.sch006 In section 53(1) (provision as to supply to tents, vans,...
s.sch006 In section 54 (register of meter to be evidence)—
s.sch006 (1) Section 55 (charges for water supplied by meter) is...
s.sch006 In section 56 (provision as to supply of water to...
s.sch006 (1) Section 58 (termination of right to supply of water...
s.sch006 In section 8 (water supplied for domestic purposes to be...
s.sch006 In section 59 (limitation of liability of water authority to...
s.sch006 In section 63 (provision of water supply for new buildings...
s.sch006 In section 68(1) (agreements as to drainage)—
s.sch006 In section 69 (power to restrict use of hose pipes)—...
s.sch006 (1) Section 70 (byelaws for preventing misuse of water) is...
s.sch006 (1) Section 71 (byelaws for preventing pollution of water) is...
s.sch006 In section 72(2) (general provision as to byelaws)—
s.sch006 In section 73 (power of Scottish Ministers to require the...
s.sch006 (1) Section 76 (acquisition of land for protection of water)...
s.sch006 (1) Section 76A (duties of water authorities with respect to...
s.sch006 (1) Section 9 (supply of water for non-domestic purposes) is...
s.sch006 (1) Section 76B (regulations for preserving water quality) is amended...
s.sch006 In section 76C (offence of supplying water unfit for human...
s.sch006 In section 76D (provision of water where piped supplies insufficient...
s.sch006 In section 76E (enforcement of sections 76A to 76D)—
s.sch006 In section 76F (general functions of local authorities in relation...
s.sch006 In section 76G(6)(a) (remedial powers of local authorities in relation...
s.sch006 In section 76H(5)(b) (effect, confirmation and variation of notice under...
s.sch006 In section 76I(2) (incidental powers of local authorities), for “a...
s.sch006 In section 76L (interpretation etc. of Part VIA), in the...
s.sch006 In section 100(2) (orders), for the words from “all” to...
s.sch006 In section 9A (no charge for supply of water for...
s.sch006 In section 103 (notices to be in writing), for “water...
s.sch006 In section 107 (repeal, amendment and adaptation of local enactments)—...
s.sch006 In section 109 (interpretation)— (a) in subsection (1)—
s.sch006 In section 110(2) (further provisions as to communication pipes etc.)—...
s.sch006 (1) Schedule 1 (procedure for making orders and making and...
s.sch006 In Schedule 2 (orders under section 17 authorising compulsory acquisition...
s.sch006 (1) Schedule 3 (provisions as to breaking open roads and...
s.sch006 In Schedule 10 (amendment of enactments), Part I is repealed....
s.sch006 In section 10 (compensation for damage resulting from exercise of...
s.sch006 (1) Section 11 (power of Scottish Ministers on default of...
s.sch006 Section 12(supply of water to premises outwith limits of supply)...
s.sch007 Schedule 7 para.1
s.sch007 Schedule 7 para.10
s.sch007 Schedule 7 para.11
s.sch007 Schedule 7 para.12
s.sch007 Schedule 7 para.13
s.sch007 Schedule 7 para.14
s.sch007 Schedule 7 para.15
s.sch007 Schedule 7 para.16
s.sch007 Schedule 7 para.17
s.sch007 Schedule 7 para.18
s.sch007 Schedule 7 para.19
s.sch007 Schedule 7 para.2
s.sch007 Schedule 7 para.20
s.sch007 Schedule 7 para.21
s.sch007 Schedule 7 para.22
s.sch007 Schedule 7 para.23
s.sch007 Schedule 7 para.24
s.sch007 Schedule 7 para.25
s.sch007 Schedule 7 para.26
s.sch007 Schedule 7 para.27
s.sch007 Schedule 7 para.28
s.sch007 Schedule 7 para.3
s.sch007 Schedule 7 para.4
s.sch007 Schedule 7 para.5
s.sch007 Schedule 7 para.6
s.sch007 Schedule 7 para.7
s.sch007 Schedule 7 para.8
s.sch007 Schedule 7 para.9
s.schedule a1 para.1 (1) The Commission is a body corporate.
s.schedule a1 para.10 (1) The Commission may establish committees for or in connection...
s.schedule a1 para.11 (1) Anything authorised or required under any enactment to be...
s.schedule a1 para.12 (1) The Commission may regulate its own procedure (including any...
s.schedule a1 para.13 (1) The Commission may do anything which appears necessary or...
s.schedule a1 para.2 The Commission is to consist of the following members—
s.schedule a1 para.3 (1) Each ordinary member— (a) is to be appointed by...
s.schedule a1 para.4 A person is disqualified from appointment, and from holding office,...
s.schedule a1 para.7 (1) The Commission is to employ a chief executive.
s.schedule a1 para.9 (1) All property (including rights) and liabilities, subsisting immediately before...

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