The Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011


Published: 2011-02-17

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Scottish Statutory Instruments
2011 No. 119

Water Supply
The Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011

Made
17th February 2011

Laid before the Scottish Parliament
21st February 2011

Coming into force
25th March 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(3C) of the Sewerage (Scotland) Act 1968(1) and section 6(2D) of the Water (Scotland) Act 1980(2) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2011 and come into force on 25th March 2011.

(2) In these Regulations—

“the 1968 Act” means the Sewerage (Scotland) Act 1968;

“the 1980 Act” means the Water (Scotland) Act 1980;

“the 2002 Act” means the Water Industry (Scotland) Act 2002(3);

“the 2005 Act” means the Water Services etc. (Scotland) Act 2005(4);

“charges scheme” means a charges scheme made under section 29A of the 2002 Act;

“dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992(5);

“price index” in relation to a month, means the general index of retail prices published by the Statistics Board for that month;

“public sewerage system” has the same meaning as in section 29 of the 2005 Act;

“public water supply system” has the same meaning as in section 28 of the 2005 Act;

“relevant financial year” means the financial year in which the connection to the public sewerage system or the public water supply system is requested;

“relevant percentage increase” means—

(a)
in respect of the financial year 2010–11, no increase;

(b)
in respect of the financial year 2011–12, the percentage increase between the price index for October 2009 and October 2010;

(c)
in respect of the financial year 2012–13, the percentage increase between the price index for October 2009 and October 2011;

(d)
in respect of the financial year 2013–14, the percentage increase between the price index for October 2009 and October 2012; and

(e)
in respect of the financial year 2014–15, the percentage increase between the price index for October 2009 and October 2013.

Determination of reasonable cost to the person seeking connection

2.—(1) For the purposes of section 1(2)(a) of the 1968 Act (duty of Scottish Water to take its public sewers to the point at which premises may be connected at reasonable cost), premises which are to be served by the public sewerage system may be connected to that system at a reasonable cost to the owners of those premises where the connection to the public sewerage system involves only the construction of a drain.

(2) For the purposes of section 6(2) of the 1980 Act (so far as relating to the duty of Scottish Water to take its pipes to the point at which buildings may be connected at reasonable cost), buildings for which a supply of water is required for domestic purposes may be connected to the public water supply system at a reasonable cost to the person seeking the connection where the connection to the public water supply system involves only the construction of a service pipe.

Determination of reasonable cost to Scottish Water of providing connection

3.—(1) For the purposes of section 1(3) of the 1968 Act (so far as excepting things which are not practicable at reasonable cost from the duty under section 1(2)(a) of that Act) the reasonable cost to Scottish Water of a connection to the public sewerage system shall be determined—

(a)in the case of a dwelling, in accordance with regulation 4(1);

(b)in all other cases, in accordance with regulation 4(3).

(2) For the purposes of section 6(2) of the 1980 Act (so far as excepting things which are not practicable at reasonable cost from the duty under that subsection) the reasonable cost to Scottish Water of a connection to the public water supply system shall be determined—

(a)in the case of a dwelling, in accordance with regulation 5(1);

(b)in all other cases, in accordance with regulation 5(3).

Reasonable cost of connections to the public sewerage system: the 1968 Act

4.—(1) Subject to paragraph (2), the reasonable cost to Scottish Water of a connection to the public sewerage system in respect of a dwelling shall be the lower of—

(a)the cost calculated in accordance with regulation 6; or

(b)the amount specified for the relevant financial year in the Table contained in Part 1 of Schedule 1, increased by the relevant percentage increase.

(2) Where a connection to the public sewerage system will serve more than one dwelling, the reasonable cost specified in the Table contained in Part 1 of Schedule 1 shall be multiplied by the number of dwellings served by the connection.

(3) The reasonable cost to Scottish Water of a connection to the public sewerage system in respect of premises other than dwellings shall be the lower of—

(a)the cost calculated in accordance with regulation 6; or

(b)the amount specified in the appropriate column of the Table for the relevant financial year in Part 1 of Schedule 2, increased by the relevant percentage increase.

Reasonable cost of connections to the public water supply system: the 1980 Act

5.—(1) Subject to paragraph (2), the reasonable cost to Scottish Water of a connection to the public water supply system in respect of a dwelling shall be the lower of—

(a)the cost calculated in accordance with regulation 7; or

(b)the amount specified for the relevant financial year in the Table contained in Part 2 of Schedule 1, increased by the relevant percentage increase.

(2) Where a connection to the public water supply system will serve more than one dwelling, the reasonable cost specified in the Table contained in Part 2 of Schedule 1 shall be multiplied by the number of dwellings served by the connection.

(3) The reasonable cost to Scottish Water of a connection to the public water supply system in respect of buildings other than dwellings shall be the lower of—

(a)the cost calculated in accordance with regulation 7; or

(b)the amount specified in the appropriate column of the Table for the relevant financial year in Part 2 of Schedule 2, increased by the relevant percentage increase.

Cost of connections to the public sewerage system: the 1968 Act

6.—(1) Subject to paragraphs (2) and (3), when calculating the cost of a connection to the public sewerage system, including a connection that serves more than one dwelling, account shall be taken only of the costs reasonably and necessarily incurred in making the connection, including—

(a)the costs of the provision of such other infrastructure as Scottish Water considers reasonable and necessary in consequence of the connection; and

(b)such other costs as Scottish Water considers reasonable and necessary in consequence of the connection.

(2) To the extent that any costs that are reasonably and necessarily incurred in consequence of the connection relate to infrastructure which Scottish Water is required to provide by virtue of a direction made under section 56 of the 2002 Act (with reference to section 56A of that Act), account shall also be taken of the finance made available to Scottish Water in consequence of such a direction to provide that infrastructure.

(3) No account shall be taken of any charge which is payable under a charges scheme in respect of the making of a connection to the public sewerage system.

Cost of connections to the public water supply system: the 1980 Act

7.—(1) Subject to paragraphs (2) and (3), when calculating the cost of a connection to the public water supply system, including a connection that serves more than one dwelling, account shall be taken only of the costs reasonably and necessarily incurred in making the connection, including—

(a)the costs of the provision of such other infrastructure as Scottish Water considers reasonable and necessary in consequence of the connection; and

(b)such other costs as Scottish Water considers reasonable and necessary in consequence of the connection.

(2) To the extent that any costs that are reasonably and necessarily incurred in consequence of the connection relate to infrastructure which Scottish Water is required to provide by virtue of a direction made under section 56 of the 2002 Act (with reference to section 56A of that Act), account shall also be taken of the finance made available to Scottish Water in consequence of such a direction to provide that infrastructure.

(3) No account shall be taken of any charge which is payable under a charges scheme in respect of the making of a connection to the public water supply system.

Revocation

8.  The Provision of Water and Sewerage Services (Reasonable Cost) (Scotland) Regulations 2006(6) are revoked.

KEITH BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th February 2011

(Regulations 4 and 5)

SCHEDULE 1DWELLINGS

PART 1

Table in respect of connection to public sewerage system

FINANCIAL YEAR
REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£)

2010/11
£1,624

2011/12
£1,615

2012/13
£1,606

2013/14
£1,597

2014/15
£1,588

PART 2

Table in respect of connection to public water supply system

FINANCIAL YEAR
REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£)

2010/11
£1,419

2011/12
£1,389

2012/13
£1,360

2013/14
£1,331

2014/15
£1,303

(Regulations 4 and 5)

SCHEDULE 2NON-DWELLINGS

PART 1

Table for Financial Year 2010/11

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£320
£451
£645
£771

21-50
£1,125
£1,576
£2,250
£2,701

51-100
£2,409
£3,374
£4,819
£5,784

101-150
£4,014
£5,618
£8,028
£9,638

151-200
£5,618
£7,868
£11,242
£13,492

201-250
£7,228
£10,117
£14,451
£17,345

251-300
£8,833
£12,367
£17,665
£21,199

301-400
£11,242
£15,735
£22,484
£26,977

401-500
£14,451
£20,234
£28,907
£34,685

501-750
£20,075
£28,102
£40,143
£48,177

751-1000
£28,102
£39,344
£56,204
£67,446

1001-1250
£36,130
£50,580
£72,259
£86,716

1251-1500
£44,157
£61,822
£88,320
£105,985

Table for Financial Year 2011/12

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£263
£371
£530
£634

21-50
£925
£1,295
£1,849
£2,220

51-100
£1,980
£2,774
£3,961
£4,754

101-150
£3,299
£4,618
£6,598
£7,922

151-200
£4,618
£6,467
£9,241
£11,090

201-250
£5,941
£8,316
£11,878
£14,257

251-300
£7,260
£10,165
£14,520
£17,425

301-400
£9,241
£12,934
£18,481
£22,174

401-500
£11,878
£16,632
£23,761
£28,510

501-750
£16,501
£23,099
£32,996
£39,600

751-1000
£23,099
£32,339
£46,198
£55,438

1001-1250
£29,697
£41,575
£59,395
£71,277

1251-1500
£36,296
£50,816
£72,596
£87,116

Table for Financial Year 2012/13

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£225
£317
£453
£541

21-50
£790
£1,106
£1,580
£1,896

51-100
£1,692
£2,369
£3,384
£4,061

101-150
£2,818
£3,945
£5,637
£6,767

151-200
£3,945
£5,524
£7,894
£9,473

201-250
£5,075
£7,104
£10,147
£12,179

251-300
£6,202
£8,683
£12,404
£14,885

301-400
£7,894
£11,049
£15,787
£18,943

401-500
£10,147
£14,208
£20,298
£24,355

501-750
£14,096
£19,732
£28,187
£33,828

751-1000
£19,732
£27,626
£39,465
£47,358

1001-1250
£25,369
£35,516
£50,738
£60,889

1251-1500
£31,006
£43,409
£62,015
£74,419

Table for Financial Year 2013/14

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£201
£284
£406
£485

21-50
£707
£991
£1,415
£1,699

51-100
£1,515
£2,122
£3,031
£3,638

101-150
£2,524
£3,534
£5,049
£6,062

151-200
£3,534
£4,948
£7,071
£8,486

201-250
£4,546
£6,363
£9,089
£10,909

251-300
£5,555
£7,778
£11,111
£13,333

301-400
£7,071
£9,897
£14,141
£16,967

401-500
£9,089
£12,727
£18,181
£21,815

501-750
£12,593
£17,628
£25,182
£30,221

751-1000
£17,675
£24,746
£35,350
£42,420

1001-1250
£22,724
£31,813
£45,448
£54,540

1251-1500
£27,773
£38,883
£55,549
£66,660

Table for Financial Year 2014/15

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC SEWERAGE SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£179
£252
£361
£431

21-50
£629
£881
£1,258
£1,510

51-100
£1,347
£1,886
£2,694
£3,233

101-150
£2,244
£3,141
£4,488
£5,388

151-200
£3,141
£4,399
£6,285
£7,543

201-250
£4,041
£5,656
£8,079
£9,697

251-300
£4,938
£6,914
£9,876
£11,852

301-400
£6,285
£8,797
£12,570
£15,082

401-500
£8,079
£11,312
£16,161
£19,391

501-750
£11,223
£15,711
£22,443
£26,934

751-1000
£15,711
£21,996
£31,422
£37,707

1001-1250
£20,199
£28,278
£40,398
£48,480

1251-1500
£24,687
£34,563
£49,377
£59,253

PART 2

Table for Financial Year 2010/11

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£230
£325
£464
£555

21-50
£810
£1,134
£1,619
£1,944

51-100
£1,734
£2,429
£3,469
£4,163

101-150
£2,889
£4,044
£5,779
£6,938

151-200
£4,044
£5,664
£8,093
£9,712

201-250
£5,203
£7,283
£10,402
£12,486

251-300
£6,358
£8,902
£12,716
£15,260

301-400
£8,093
£11,327
£16,185
£19,420

401-500
£10,402
£14,566
£20,809
£24,968

501-750
£14,451
£20,229
£28,897
£34,680

751-1000
£20,229
£28,322
£40,459
£48,551

1001-1250
£26,008
£36,410
£52,016
£62,423

1251-1500
£31,787
£44,503
£63,578
£76,294

Table for Financial Year 2011/12

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£214
£302
£432
£516

21-50
£753
£1,054
£1,505
£1,807

51-100
£1,612
£2,258
£3,224
£3,870

101-150
£2,685
£3,759
£5,371
£6,448

151-200
£3,759
£5,264
£7,522
£9,027

201-250
£4,836
£6,769
£9,668
£11,605

251-300
£5,910
£8,274
£11,819
£14,184

301-400
£7,522
£10,528
£15,043
£18,050

401-500
£9,668
£13,538
£19,341
£23,207

501-750
£13,431
£18,802
£26,858
£32,233

751-1000
£18,802
£26,324
£37,604
£45,126

1001-1250
£24,173
£33,841
£48,346
£58,018

1251-1500
£29,544
£41,363
£59,092
£70,911

Table for Financial Year 2012/13

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£199
£280
£401
£479

21-50
£699
£980
£1,399
£1,679

51-100
£1,498
£2,098
£2,996
£3,596

101-150
£2,496
£3,493
£4,991
£5,992

151-200
£3,493
£4,892
£6,990
£8,389

201-250
£4,494
£6,291
£8,985
£10,785

251-300
£5,492
£7,689
£10,984
£13,181

301-400
£6,990
£9,784
£13,980
£16,774

401-500
£8,985
£12,581
£17,974
£21,566

501-750
£12,482
£17,473
£24,960
£29,955

751-1000
£17,473
£24,463
£34,946
£41,936

1001-1250
£22,464
£31,449
£44,929
£53,917

1251-1500
£27,456
£38,439
£54,915
£65,899

Table for Financial Year 2013/14

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£193
£272
£389
£464

21-50
£678
£949
£1,355
£1,627

51-100
£1,452
£2,033
£2,903
£3,485

101-150
£2,418
£3,385
£4,837
£5,807

151-200
£3,385
£4,740
£6,773
£8,129

201-250
£4,355
£6,096
£8,707
£10,451

251-300
£5,322
£7,451
£10,643
£12,773

301-400
£6,773
£9,481
£13,547
£16,254

401-500
£8,707
£12,191
£17,417
£20,898

501-750
£12,095
£16,932
£24,187
£29,027

751-1000
£16,932
£23,705
£33,863
£40,637

1001-1250
£21,768
£30,475
£43,537
£52,247

1251-1500
£26,605
£37,248
£53,213
£63,857

Table for Financial Year 2014/15

NUMBER OF EMPLOYEES (inclusive) ◊
REASONABLE COST OF CONNECTION TO PUBLIC WATER SUPPLY SYSTEM (£) ACCORDING TO FACILITIES PROVIDED

Toilets
Toilets and Showers
Toilets and Canteen
Toilets and Showers and Canteen

◊Number of full time equivalent employees who will ordinarily use the premises when it is occupied.

0-20
£187
£264
£377
£451

21-50
£658
£922
£1,316
£1,580

51-100
£1,409
£1,974
£2,819
£3,383

101-150
£2,348
£3,287
£4,696
£5,638

151-200
£3,287
£4,603
£6,576
£7,892

201-250
£4,228
£5,918
£8,454
£10,147

251-300
£5,167
£7,234
£10,334
£12,401

301-400
£6,576
£9,205
£13,153
£15,782

401-500
£8,454
£11,837
£16,910
£20,291

501-750
£11,743
£16,439
£23,484
£28,183

751-1000
£16,439
£23,016
£32,879
£39,455

1001-1250
£21,136
£29,589
£42,271
£50,728

1251-1500
£25,832
£36,166
£51,666
£62,000

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 1 of the Sewerage (Scotland) Act 1968 and section 6 of the Water (Scotland) Act 1980 respectively require Scottish Water to extend the public sewerage and water supply systems to the point or points at which premises can be connected at reasonable cost. The duties to extend the public networks are however subject to the exception that Scottish Water is not required to do anything which is not practicable at reasonable cost. Any question as to what is a reasonable cost under section 1 of the 1968 Act or section 6 of the 1980 Act is to be determined in accordance with these Regulations.

Regulation 2 makes provision for determining what is a reasonable cost of connection to the owner of the premises, in the context of identifying the point or points to which Scottish Water is under a duty to extend the network.

Regulation 3 makes provision for the determination of the reasonable cost to Scottish Water of making a connection, in the context of determining what may or may not be practicable at reasonable cost.

Regulation 4 makes provision for determining the reasonable cost to Scottish Water of new connections to the public sewerage system. In respect of dwellings, the reasonable cost is the lower of either the cost calculated in accordance with regulation 6 or the figure specified for the relevant financial year in the Table in Part 1 of Schedule 1, increased by the relevant percentage increase. The relevant percentage increase reflects changes in the annual retail price index for the month of October.

In respect of premises other than dwellings, the reasonable cost is the lower of the cost calculated in accordance with regulation 6 or the figure specified in the appropriate column of the Table for the relevant financial year in Part 1 of Schedule 2, increased by the relevant percentage increase. The Tables identify the reasonable cost by reference to the water and sewerage facilities which will be available in the premises once it is connected to the public networks and by reference to the number of employees who will be using those facilities.

Regulation 5 makes provision for determining the reasonable cost to Scottish Water of new connections to the public water supply system. In respect of dwellings, the reasonable cost is the lower of either the cost calculated in accordance with regulation 7 or the figure specified for the relevant financial year in the Table in Part 2 of Schedule 1, increased by the relevant percentage increase.

In respect of premises other than dwellings, the reasonable cost is the lower of the cost calculated in accordance with regulation 7 or the figure specified in the appropriate column of the Table for the relevant financial year in Part 2 of Schedule 2, increased by the relevant percentage increase. As in Part 1 of Schedule 2, the Tables identify the reasonable cost by reference to the number of employees and the available water and sewerage facilities.

Regulations 6 and 7 specify the matters to be taken into, or left out of, account when calculating the respective costs of a connection to the public sewerage and water supply systems.

Regulation 8 revokes the Provision of Water and Sewerage (Reasonable Cost) (Scotland) Regulations 2006.

(1)
1968. c.47. Section 1(3C) was inserted by section 29 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

(2)
1980 c.45. Section 6(2D) was inserted by section 29 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

(3)
2002 asp 3.

(4)
2005 asp 3.

(5)
1992 c.14. The definition of “dwelling” was varied by S.I. 1992/1334, regulation 2; S.I. 1992/2955, regulation 3; S.I. 1993/526, regulation 2; and S.I. 1997/673, regulation 2.

(6)
S.S.I. 2006/120.

Related Laws