A.D. 1927. Maintenance of common pipe. Notice of discontinu ance. Byelaws for preventing waste of water. (Water &c.) Order Confirmation. 40. When several dwelling-houses or tenements of dwelling-houses in the occupation of several persons are supplied by one common pipe belonging to the several owners or occupiers of such houses or tenements the said several owners or occupiers shall be liable to 5 contribute the amount of any expenses from time to time incurred by the Corporation in the maintenance and repair of such pipe and its connections to main and stopcocks and their respective proportions of contributions shall be settled by the water engineer of the 10 Corporation. 41. A notice to the Corporation from a consumer for the discontinuance of a supply of water shall not be of any effect unless it be in writing signed by or on behalf of the consumer and be left at or sent by post 15 to the office of the water engineer of the Corporation or be given by the consumer personally at the said office. 42. (1) The Corporation may make byelaws for the purpose of preventing the waste undue consumption 20 misuse or contamination of water and may by such byelaws prescribe the size nature materials workmanship and strength and the mode of arrangement connection disconnection alteration and repair of pipes meters cocks ferrules valves soil-pans waterclosets baths cisterns 25 and other apparatus (in this section referred to as "water fittings ") to be used and forbid any arrangements and the use of any water fittings which may allow or tend to waste undue consumption misuse erroneous measurement or contamination. 30 (2) Such byelaws shall apply only in the case of premises to which the Corporation are bound to afford and do in fact afford or are prepared on demand to afford a constant supply and the provisions with respect to byelaws contained in sections 183 to 188 of the Public 35 Health (Scotland) Act 1897 shall apply to all byelaws so made. (3) In case of failure of any person to observe such byelaws as are for the time being in force the Corporation may if they think fit after twenty-four hours' notice 40 in writing enter and by and under the direction of their duly authorised officer repair replace or alter any water fittings belonging to or used by such person and not 5 (Water &c.) Order Confirmation. being in accordance with the requirements of such A.D. 1927 byelaws and the expense of every such repair replacement or alteration shall be recoverable by the Corporation as the water rates in respect of the premises are recoverable. (4) All rules and regulations made under the authority of sections 41 and 42 of the Act of 1885 and which are in force at the commencement of this Order shall continue in full force and effect until the same shall be repealed altered or varied under the authority of this 10 section and such rules and regulations and all penalties and forfeitures thereby respectively imposed may and shall be enforced recovered and applied in the same manner in all respects as the same respectively might be enforced recovered and applied in case the same re15 spectively were made and imposed under the authority of this Order. (5) All byelaws made under this section which affect any district beyond the water limits shall be subject to the approval of the district committee of 20 the county council for such district Provided that such consent shall not be necessary where in the opinion of the Scottish Board of Health it has been unreasonably withheld. 43. The Corporation shall not be bound to supply Supply to 25 with water otherwise than by meter any building used houses by an occupier as a dwelling-house whereof any part partly used is used by the same occupier for any trade or manu- &c. facturing purpose for which water is required. for trade connecting 44. Before any person connects or disconnects any Notice to 30 meter by means of which any of the water of the Cor- Corporation poration is intended to be or has been registered he of connectshall give not less than twenty-four hours' notice in ing or diswriting to the Corporation of his intention to do so and meters. all alterations or repairs and the connecting and dis35 connecting of meters shall be done at his cost and under due superintendence of any officer of or person authorised by the Corporation and any person offending against this enactment shall for every such offence be liable to a penalty not exceeding forty shillings. 40 45. Every person who wilfully fraudulently or by Injuring culpable negligence injures or suffers to be injured any meters &c. pipe meter or other instrument for measuring water or any fittings belonging to the Corporation or who fraudulently alters the index to any meter or other instrument (Water &c.) Order Confirmation. A.D. 1927. for measuring water or prevents any meter or other instrument for measuring water from duly registering the quantity of water supplied or fraudulently abstracts consumes or uses water of the Corporation shall (without prejudice to any other right or remedy for the protec- 5 tion of the Corporation) be liable to a fine not exceeding five pounds and the Corporation may in addition thereto recover the amount of any damage by them sustained And in any case in which any person has wilfully fraudulently or by culpable negligence injured or suffered to be 10 injured any pipe meter instrument or fittings belonging to the Corporation or has fraudulently altered the index to any meter or other instrument for measuring water or prevented the same from duly registering the quantity of water supplied or has fraudulently abstracted con- 15 sumed or used water of the Corporation the Corporation may also enter upon the premises occupied by the offender and repair such injury and do all such works matters and things as may be necessary for ensuring the proper registering by such meter of the quantity of water 20 supplied by means thereof and the expense of such repair and of all such works matters and things shall be repaid to the Corporation by the person so offending and may be recovered by them as water rates and assessments are recoverable The existence of artificial means 25 for causing such injury alteration or prevention or for abstracting consuming or using water of the Corporation when such pipe meter instrument or fittings is or are under the custody or control of the consumer shall be primâ facie evidence that such injury alteration preven- 30 tion abstraction consumption or use as the case may be has been fraudulently knowingly and wilfully caused by the consumer using such pipe meter instrument or fittings. Penalty for taking water except for domestic use. 46. Every person who fraudulently takes or uses water belonging to the Corporation for any purpose 35 other than domestic or drinking purposes shall for every such offence be liable to a penalty not exceeding ten pounds and to a daily penalty of five pounds for. each day any such offence continues after conviction. Application 47. All penalties exigible under the provisions of 40 of penalties. this Part of this Order and of the Acts wholly or partially incorporated herewith (excepting any penalties which may be imposed upon the Corporation) shall be paid over to the Corporation instead of being applied in the (Water &c.) Order Confirmation. manner provided in the said Acts or the Acts therein A.D. 1927. referred to. 48. All offenders against any of the provisions of Prosecution this Part of this Order or of any of the Acts incorporated of offenders 5 herewith or against any of the byelaws of the Corporation may be prosecuted and all penalties in respect of offences against any of such provisions or byelaws may be recovered summarily by the Corporation under the Summary Jurisdiction (Scotland) Act 1908. 10 49. Any meters or fittings let for hire by the Cor- Fittings not poration shall not be subject to poinding or to the subject to landlord's remedy for rent or be liable to be taken in poinding &c. execution under any process of any court or any proceedings in bankruptcy against the persons in whose 15 possession the same may be Provided that such meters or fittings have upon them respectively a distinguishing metal plate affixed to a conspicuous part thereof or a distinguishing brand or other mark conspicuously impressed or made thereon sufficiently indicating the 20 Corporation as the actual owners thereof. streets. 50. The Corporation may on the application of the Power to lay owner or occupier of any premises within the water pipes in limits abutting on or being erected in any street laid private out but not dedicated to the public use supply such 25 premises with water and may lay down take up alter relay or renew in across or along such street such pipes and apparatus as may be requisite or proper for furnishing such supply and for that purpose the Waterworks Clauses Acts 1847 and 1863 shall apply as if 30 section 29 of the Waterworks Clauses Act 1847 had been excepted from the incorporation of that Act in this Order: Provided that the provisions of this section shall not apply to any street belonging to or maintained by a railway company except with the consent of such 35 railway company in writing which consent shall not be unreasonably withheld and any question as to whether such consent has been unreasonably withheld shall be determined by the sheriff in a summary manner upon the application of the Corporation and the decision of the 40 sheriff shall be final. 51. For the purpose of complying with any obliga- As to breaktion under the Acts of 1873 to 1922 and this Order to ing up maintain any water pipe or apparatus the person liable ground for maintaining to maintain the same shall have the like power to open communica (Water &c.) Order Confirmation. A.D. 1927. the ground as is conferred upon him by sections 48 to 52 of the Waterworks Clauses Act 1847 in relation to the laying of communication pipes. Corporation to connect communication pipes with mains. Penalty for closing valves and apparatus. Power to to supply water to 52. The Corporation shall have the exclusive right of executing any works on any of the water mains of 5 the Corporation for connecting any communication or service pipe therewith and the Corporation shall on the request of any owner or occupier of any premises who is entitled to be supplied with water by the Corporation execute on any such main subject to the provisions so far 10 as applicable of the Waterworks Clauses Act 1847 with respect to the breaking up of streets for the purpose of laying pipes any work which shall be necessary to connect the communication or service pipe of such owner or occupier therewith and any expenses incurred 15 by the Corporation in so doing shall be repaid by the owner or occupier so requesting and shall be recoverable as a civil debt. 53. Every person who shall (without the consent of the Corporation) wilfully or negligently close or shut off 20 or interfere with any valve cock or other work or apparatus belonging to the Corporation whereby the supply of water shall be interfered with shall (without prejudice to any other right or remedy of the Corporation) be liable on conviction to a penalty not exceeding five 25 pounds and the Corporation may in addition thereto recover the amount of any damage by them sustained Provided that this section shall not apply to a consumer closing any valve on his communication pipe. 54. The Corporation may enter into and carry into 30 Corporation effect agreements with any local authority company or person for the supply of water beyond the water limits to any such authority company or person respectively in bulk for any purpose and for such remuneration and on such terms and conditions and for such period as 35 may be agreed upon : local authorities and others. Provided that such supply shall not be given except with the consent of any local authority company or person supplying water under parliamentary authority within the district to be supplied and of the local 40 authority of that district nor if and so long as such supply would interfere with the supply of water for any purpose within the water limits. |