| Guvnor

Enforced by: WICS
Status: In Force
Penalty ceiling: Prosecution 3 of 26 obligations carry an unlimited fine. 1 carries different penalties and 22 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person13 Applicant1 Director or Officer1

Plus 11 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

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Applicant — also bound by 325 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

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 Commission and Customer Panels

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.001 Water Industry Commission for Scotland

s.002 Dissolution of office of Commissioner

s.003 Customer Panels

Part 2

Provision of water and sewerage services

16 of 31 sections shown

s.004 Public water supply system: offences Prosecution

Supply water through public water system without authorisationAny Person

Unlimited fine

s.005 Public sewerage system: offences Prosecution

Unauthorised use of public sewerage systemAny Person

Unlimited fine

s.008 Compliance with licences Regulated

Comply with WICS directions on water/sewerage licence complianceAny Person

s.010 Licensed providers to give information Regulated

Licensed water and sewerage providers must give WICS information when askedAny Person

s.011 Participation of licensed providers Regulated

Comply with WICS directions on water and sewerage service participationAny Person

s.013 Water and sewerage services undertaking Regulated

Licensed water/sewerage undertaking must apply for water and sewerage licencesAny Person

s.015 Transfer of staff etc. to the undertaking Regulated

Other duties (1) — Crown / regulator

Scottish Water must transfer staff and property to the new undertaking when directedCrown / Minister / Government department

s.016 Scottish Water to provide services Regulated

Other duties (1) — Crown / regulator

Scottish Water must supply water and sewerage services when requestedCrown / Minister / Government department

s.017 Continuation of water services Regulated

Other duties (1) — Crown / regulator

Scottish Water must continue water supply for 2 months after licensed provider arrangements endCrown / Minister / Government department

s.018 Discontinuation of water services Regulated

Give 14 days' notice before requesting water disconnectionAny Person

s.019 Disconnections code Regulated

Other duties (1) — Crown / regulator

WICS must make and publish a disconnections code after consultationStatutory regulator

s.020 Continuation and discontinuation of sewerage services Regulated

Give 14 days' notice before requesting discontinuation of trade effluent servicesAny Person

s.020 Commission's scheme Regulated

Other duties (1) — Crown / regulator

Commission must make, consult on and publish water services schemeStatutory regulator

s.020 Notification of occupancy Regulated

Notify water or sewerage provider when premises occupancy changesAny Person

s.025 Sewerage nuisance: code of practice Regulated

Scottish Water and its contractors must comply with sewerage codeAny Person

s.026 Monitoring and enforcement Regulated

Comply with sewerage enforcement noticesAny Person

15 other sections in this Part — procedural and definitional

s.006 Licence authorisation

s.007 Granting of licences

s.009 Fees relating to licences

s.011 Complaints about licensed providers

s.012 Licences and compliance: further provision

s.014 Financing, borrowing and guarantees

s.020 Deemed contracts

s.020 Liability for charges

s.021 Scottish Water's charges for water and sewerage services

s.022 Scottish Water's functions: powers of the Scottish Ministers

s.023 Determinations relating to provision of services

s.024 Qualification of duty to provide services

s.027 Meaning of “eligible premises”

s.028 Meaning of “public water supply system”

s.029 Meaning of “public sewerage system”

Part 3

Coal mine water pollution

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.030 Control of water from coal mines

Part 4

Miscellaneous and general

1 of 7 sections shown

s.031 Offences by bodies corporate and partnerships Regulated

Directors and partners liable for company water offencesDirector or Officer

6 other sections in this Part — procedural and definitional

s.032 Amendments to enactments

s.033 Ancillary provision

s.034 Orders and regulations

s.035 Interpretation

s.036 Crown application

s.037 Short title and commencement

Schedules

9 of 29 shown

s.sch002 (1) An application for a water services licence or a... Regulated

Do not make false or misleading statements in a water/sewerage licence applicationApplicant

s.sch002 (1) Where it appears to the Commission that a water... Regulated

Other duties (1) — Crown / regulator

WICS must publish penalty policy and give providers notice before finingStatutory regulator

s.sch002 (1) The Commission must keep a register of water services... Regulated

Other duties (1) — Crown / regulator

WICS must keep a public register of water and sewerage licencesStatutory regulator

s.sch002 (1) If the conditions in sub-paragraph (2) are satisfied, the... Regulated

Other duties (1) — Crown / regulator

WICS must forward Scottish licence applications to Ofwat when requestedStatutory regulator

s.sch002 (1) Each water services licence and sewerage services licence— Regulated

Other duties (1) — Crown / regulator

WICS must set, publish and review standard water/sewerage licence conditionsStatutory regulator

s.sch002 (1) Any water services licence or sewerage services licence may,... Regulated

Other duties (1) — Crown / regulator

WICS must notify licence transfer consent decisions to partiesStatutory regulator

s.sch002 (1) A person entitled to enter premises by virtue of... Regulated

Do not obstruct water services inspectors or refuse lawful requestsAny Person

s.sch002 (1) Any water services provider or sewerage services provider, on... Prosecution

Fail to comply with enforcement noticeAny Person

Unlimited fine

s.sch003 (1) Scottish Water must, within one month of the coming... Regulated

Other duties (1) — Crown / regulator

WICS must assess relevant agreement charges and set a lower capStatutory regulator

20 other schedules

s.sch001 Before schedule 1 (the Commissioner and Customer Panels) to the...

s.sch002 (1) A water services licence or sewerage services licence may...

s.sch002 (1) The Scottish Ministers may by order make provision about—...

s.sch002 (1) The Scottish Ministers may issue to the Commission guidance...

s.sch002 (1) For the purposes of monitoring and ensuring compliance with...

s.sch002 (1) If a sheriff or justice of the peace is...

s.sch002 (1) If it appears to the Commission (whether or not...

s.sch003 (1) In this schedule, a “relevant agreement” is an agreement—...

s.sch003 (1) A charges scheme does not apply in relation to...

s.sch004 After Schedule 1B to the Coal Industry Act 1994 (c....

s.sch005 In section 29 (which makes provision relating to consent to...

s.sch005 In the Public Appointments and Public Bodies etc. (Scotland) Act...

s.sch005 In the House of Commons Disqualification Act 1975, in Part...

s.sch005 In the Race Relations Act 1976, in Part II of...

s.sch005 In the Water (Fluoridation) Act 1985, in subsections (2)(b)(i) and...

s.sch005 In the Public Finance and Accountability (Scotland) Act 2000, in...

s.sch005 In the Ethical Standards in Public Life etc. (Scotland) Act...

s.sch005 (1) In each of the following provisions of the 2002...

s.sch005 In the Scottish Public Services Ombudsman Act 2002, in schedule...

s.sch005 In the Freedom of Information (Scotland) Act 2002, in schedule...

Help complying

Guvnor’s practical routes through this instrument.

Set up a water supply business

Learning path for water collection, treatment and supply businesses. Work out which regulations apply, put your workplace foundations in place, meet your …

1 more guide that reference this instrument

Meet your water industry regulatory duties

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Water Services (Scotland) Act 2005

Does it bind you?

Other Acts binding the same actors

What it requires

Water Industry Commission and Customer Panels

Provision of water and sewerage services

Coal mine water pollution

Miscellaneous and general

Schedules

Help complying

Set up a water supply business