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(i) the water authority for the Dumfries and Galloway water area ; and(ii) the sewerage authority for the Dumfries and Galloway sewerage area ;
(d) a body, to be known as the Fife Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Fife water area ; and
(ii) the sewerage authority for the Fife sewerage area ; (e) a body, to be known as the Grampian Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Grampian water area ; and (ii) the sewerage authority for the Grampian sewerage area ; (f) a body, to be known as the Highland Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Highland water area ; and (ii) the sewerage authority for the Highland sewerage area ; (g) a body, to be known as the Lothian Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Lothian water area ; and (ii) the sewerage authority for the Lothian sewerage area ; (h) a body, to be known as the Strathclyde Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Strathclyde water area ; and (ii) the sewerage authority for the Strathclyde sewerage area ; (i) a body, to be known as the Tayside Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Tayside water area ; and (ii) the sewerage authority for the Tayside sewerage area ; (j) a body, to be known as the Orkney Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Orkney water area ; and (ii) the sewerage authority for the Orkney sewerage area ; (k) a body, to be known as the Shetland Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Shetland water area ; and (ii) the sewerage authority for the Shetland sewerage area ; and (l) a body, to be known as the Western Isles Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Western Isles water area ; and (ii) the sewerage authority for the Western Isles sewerage area.'. New clause 20-- Constitution and proceedings of water and sewerage authorities
.--(1) Schedule 7 to this Act shall have effect with respect to the constitution and proceedings of, and other matters relating to, each of the bodies established by section ( New water and sewerage authorities ) above (those bodies being, in this Act, collectively referred to as the "new water and sewerage authorities"). (2) The water areas and sewerage areas mentioned in section ( New water and sewerage authorities ) above and in column 1 of Schedule ( Water and Sewerage Areas ) to this Act comprise the areas for the time being respectively described in column 2 of that Schedule.'. New clause 25-- Water supplied by meter to domestic consumers-- Without prejudice to section 41A of the 1980 Act, no meter shall be installed in any domestic premises unless it has been requested by the occupier, and also has been consented to by the owner of the premises.'.
New clause 26-- Determination of disputes
(1) It shall be the duty of the Customers Council to refer to the Secretary of State for determination any complaint which the Customers Council has investigated under section 66(2) above, but is unable to resolve.
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(2) The practice and procedure to be followed in connection with the reference to the Secretary of State shall be such as he considers appropriate.(3) Where the Secretary of State determines any dispute under this section he shall give his reasons for reaching his decision with respect to the dispute.
(4) On making such determination under this section the Secretary of State may make such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the Secretary of State) as he considers appropriate.
(5) A determination under this section
(a) shall be final ; and
(b) shall be enforceable as if it were a judgement of court in so far as it included such provision as to costs or expenses as is mentioned in subsection (4) above.
(6) The Secretary of State shall not determine any relevant dispute which is the subject of proceedings before, or with respect to which judgement has been given by a court.
(7) In including in any determination under this section any provision as to costs or expenses , the Secretary of State shall have regard to the conduct and means of the parties, and any other relevant circumstances.'.
New clause 30-- New water and sewerage authorities (No. 2) -(1) There shall be established
(a) a body, to be known as the Borders Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Borders water area ; and (ii) the sewerage authority for the Borders sewerage area ; (b) a body, to be known as the Central Scotland Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Central Scotland water area ; and (ii) the sewerage authority for the Central Scotland sewerage area ;
(c) a body, to be known as the Dumfries and Galloway Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Dumfries and Galloway water area ; and
(ii) the sewerage authority for the Dumfries and Galloway sewerage area ;
(d) a body, to be known as the Fife Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Fife water area ; and
(ii) the sewerage authority for the Fife sewerage area ; (e) a body, to be known as the Grampian Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Grampian water area ; and (ii) the sewerage authority for the Grampian sewerage area ; (f) a body, to be known as the Highland Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Highland water area ; and (ii) the sewerage authority for the Highland sewerage area ; (g) a body, to be known as the Lothian Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Lothian water area ; and (ii) the sewerage authority for the Lothian sewerage area ; (h) a body, to be known as the Strathclyde Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Strathclyde water area ; and (ii) the sewerage authority for the Strathclyde sewerage area ; (i) a body, to be known as the Tayside Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Tayside water area ; and (ii) the sewerage authority for the Tayside sewerage area ; (j) a body, to be known as the Orkney Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Orkney water area ; and (ii) the sewerage authority for the Orkney sewerage area ;
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(k) a body, to be known as the Shetland Water Authority, which as from 1st April 1996, shall be(i) the water authority for the Shetland water area ; and (ii) the sewerage authority for the Shetland sewerage area ; and (l) a body, to be known as the Western Isles Water Authority, which as from 1st April 1996, shall be
(i) the water authority for the Western Isles water area ; and (ii) the sewerage authority for the Western Isles sewerage area ; (2) The Secretary of State shall, before 1st April 1996, establish Joint Boards for the Local Government areas in each of the combined areas set out in the following table :
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Grampian |Aberdeenshire, Moray, City of Aberdeen
Tayside |Angus, City of Dundee and Perthshire and Kinross
Central Scotland |Clackmannan and Falkirk, Stirling
Lothian |City of Edinburgh, West Lothian, Mid and
|East Lothian
Strathclyde |Argyll and Bute, Dumbarton and Clydebank, City
|of Glasgow, East Dunbartonshire, North
|Lanarkshire, South Lanarkshire, Renfrewshire,
|Inverclyde, East Renfrewshire, North Ayrshire,
|East Ayrshire, South Ayrshire.
(3) The Water and Sewerage areas mentioned in subsection (1) above and in column 1 of Schedule (Water and Sewerage Areas) to this Act comprise the areas for the time being respectively described in column 2 of that Schedule.'.
No. 1, a new schedule--'Water and SewerageAreas'--
Water or Sewerage |Area by reference to
Area |existing or
|former
|administrative
|areas
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Borders Water Area |Borders Region
Borders Sewerage Area |Borders Region
Central Scotland Water Area |Central Region
|The former county of Kinross
Central Scotland Sewerage Area |Central Region
Dumfries and Galloway Water |Dumfries and Galloway Region
Area
Dumfries and Galloway Sewerage |Dumfries and Galloway Region
Area
Fife Water Area |Fife Region
Fife Sewerage Area |Fife Region
Grampian Water Area |Grampian Region
Grampian Sewerage Area |Grampian Region
Highland Water Area |Highland Region
Highland Sewerage Area |Highland Region
Lothian Water Area |Lothian Region
Lothian Sewerage Area |Lothian Region
Strathclyde Water Area |Strathclyde Region
Strathclyde Sewerage Area |Strathclyde Region
Tayside Water Area |Tayside Region except the former
|county of Kinross
Tayside Sewerage Area |Tayside Region
Orkney Water Area |Orkney Islands
Orkney Sewerage Area |Orkney Islands
Shetland Water Area |Shetland Islands
Shetland Sewerage Area |Shetland Islands
Western Isles Water Area |Western Isles
Western Isles Sewerage Area |Western Isles'.
No. 24, in page 53, line 32, clause 61, leave out from beginning to end of line 11 on page 54.
No. 260, in page 53, line 41, leave out and'.
No. 263, in page 54, line 1, at end insert
(d) a body, to be known as the Orkney Water Authority which, as from that date, shall be
(i) the water authority for the Orkney Islands water area ; and (ii) the sewerage authority for the Orkney Islands sewerage area ; (e) a body, to be known as the Shetland Water Authority which, as from that date, shall be
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(i) the water authority of the Shetland Islands water area ; and (ii) the sewerage authority of the Shetland Islands sewerage area ; and(f) a body, to be known as the Western Isles Water Authority which, as from that date shall be
(i) the water authority of the Western Isles water area ; and (ii) the sewerage authority of the Western Isles sewerage area ; .
No. 274, in page 138, line 17, schedule 7, leave out lines 17 to 23 and insert-- Membership of Water and Sewerage Authorities 3. The members of an authority shall be
(a) elected councillors from the Joint Board area reflecting the votes cast for each political party or independent grouping at the most recent local government elections.
(b) appointed by those councils (hereafter referred to as the "appointing authorities") within the area of the Water and Sewerage Authorities.
(c) such number of elected councillors as the councils in the area covered by the authority shall by agreement determine.'.
No. 10, in page 138, leave out lines 18 to 23 and insert 3. The members of an authority shall be
(a) such number of elected councillors as the councils in the area covered by the authority shall by agreement determine and shall be appointed by those councils (in this schedule referred to as the "appointing authorities"),
(b) the person who is for the time being the chief executive of the authority.'.
No. 259, in page 138, line 22, after authority', insert provided that in making appointments to the North of Scotland Water Authority, he shall appoint at least one person who appears to him to have knowledge or experience specifically relevant to the discharge of the Authority's functions in the Islands Area ;'. No. 11, in page 138, leave out line 24 and insert
4. The appointing authority shall be satisfied-'.
No. 12, in page 138, line 25, leave out he' and insert it'. No. 257, in page 138, line 29, at end add
(c) before the appointment of any person under paragraph 3(a) above comes into effect, that the person has declared in a form which the Secretary of State shall prescribe and make public, current membership of any political party, and details of any financial contribution to a political party in the previous five years ; (d) from time to time, and at no longer than yearly intervals, that each person so appointed has updated the declaration of party political interests required in sub-paragraph (c) above.'. No. 13, in page 138, line 30, leave out Secretary of State' and insert appointing authority'.
No. 14, in page 138, line 31, leave out Secretary of State' and insert appointing authority'.
No. 15, in page 138, line 32, leave out Secretary of State' and insert appointing authority'.
No. 16, in page 138, line 33, leave out Secretary of State' and insert appointing authority'.
No. 17, in page 138, line 38, leave out Secretary of State' and insert appointing authority'.
No. 18, in page 139, line 1, leave out Secretary of State' and insert appointing authority'.
No. 19, in page 139, leave out lines 13 to 18 and insert 8.--(1) The members of an authority shall appoint one of their number, other than their chief executive, to be chairman and may appoint another to be deputy chairman ; and a chairman, or as the case may be deputy chairman, shall hold and vacate the office in question in accordance with the terms under which he is appointed to that office.'.
No. 279, in page 139, line 13, leave out
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The Secretary of State shall appoint one of the members of an authority, other than their chief executive,' and insertWater Authorities shall appoint one of their members'. No. 20, in page 139, line 20, leave out Secretary of State' and insert authority'.
No. 21, in page 139, line 24, leave out Secretary of State may vary the terms of the instrument' and insert
the authority may vary the terms'.
No. 23, in page 140, leave out lines 2 to 9 and insert
11. An Authority shall appoint its Chief Executive on such terms and conditions as it may determine ; and the authority may make subsequent appointments to the office of Chief Executive on such terms and conditions as they may determine.'.
No. 22, in page 140, line 34, after committees' insert
comprising solely of persons who have been elected to serve as councillors in local authorities which lie within the geographical area of the water authority.'.
No. 243, in page 141, line 32, at end insert
17A (1) All Water Authority meetings shall be held in public with the exception of confidential items agreed by a majority of Board Members, with suitable notice and publicity given to them and minutes of meetings shall be available on request and at reasonable cost to members of the public,
(2) Water authorities shall prepare and publish annual plans and arrange for public consultation on them.'.
No. 9, in page 142, schedule 8, leave out lines 1 to 42. No. 261, in page 142, line 38, leave out The Islands Area'. No 262, in page 142, line 42 , leave out The Islands Area', and insert
-------------------------------------------------------------- 'Orkney Water Area |Orkney Islands Orkney Sewerage Area |Orkney Islands Shetland Water Area |Shetland Islands Shetland Sewerage Area |Shetland Islands Western Isles Water Area |Western Isles Western Isles Sewerage Area |Western Isles.'.
No. 82, in page 56, line 2, clause 64, after access' insert (including access for recreational purposes)'.
No. 266, in page 56, line 11, at end insert
(3) The new water and sewerage authorities shall consult the Customers Council established under section 66 below on such matters as appear to effect the interests of the customers or potential customers of that authority.'.
No. 267, in page 86, line 33, clause 65, at end insert
( ) An authority shall publicise its procedures for dealing with complaints in such manner as may be agreed with the Customers Council.'.
Government amendment No. 184.
No. 268, in page 143, line 19, schedule 9, leave out and' and insert
(ab) customers and potential customers who are disabled ; and'. No. 258, in page 143, line 20, at end insert
provided that, where appropriate, there shall be at least one representative of customers living in the Islands Area ;'. No. 269, in page 143, line 20, at end insert
provided always that a majority of the Members shall be representative of the interests of domestic customers.'.
No. 252, in page 143, line 20, at end insert
(4) Each local authority shall appoint one councillor to the Customers Council.'.
No. 256, in page 143, line 27, after him', insert
which terms shall include a requirement that the member shall declare and keep up to date, in a form prescribed and made public by the Secretary of State, any current membership of a political party and the details of any financial contribution to a political party in the previous five years ;'.
No. 253, in page 144, line 41, leave out
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with the approval of the Secretary of State'.Government amendments Nos. 83 to 88.
No. 265, in page 61, clause 75, leave out lines 8 and 9 and insert
except that the same basis for charging shall apply throughout the area served by the authority.'.
No. 264, in page 61, line 50, at end insert
(8) A draft charges scheme shall be presented in a form to be specified by the Secretary of State, after consultation with the Customers Council.'.
Government amendments Nos. 89 to 95, 158 to 161, 96, 162, 98, 148 and 149.
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