Water Supply 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 ; “the 2005 Act ” means the Water Services etc. (Scotland) Act 2005 ; “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 ; “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— in respect of the financial year 2010–11, no increase; in respect of the financial year 2011–12, the percentage increase between the price index for October 2009 and October 2010; in respect of the financial year 2012–13, the percentage increase between the price index for October 2009 and October 2011; in respect of the financial year 2013–14, the percentage increase between the price index for October 2009 and October 2012; and 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 are revoked. KEITH BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th February 2011