Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38.

  • Great Britain.
Date:
1897]
Catalogue details

Licence: Public Domain Mark

Credit: Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38. Source: Wellcome Collection.

    59/88 (page 57)
    125. If any occupied house within the district of any local A.D. 1897. authority other than the local authority of a burgh is without a proper supply of wholesome water at or reasonably near the same, ^utlTority to the local authority shall require the owner to obtain such supply require and to do all such worlds as may be necessary for that purpose, water to be and failing his doing so, within twelve months after due notice, houses^hi*** the local authority may themselves obtain such supply and for certain cases, that purpose may use their powers of acquiring land by agree- ment or otherwise under this Act; and may, for the purpose of obtaining such supply, enter upon the premises and execute all such works as may be necessary; and the local authority may recover in a summary manner from the owner the whole or a reasonable part of the expenses incurred by them under this section: Provided that where the owners of two or more houses have failed to comply with the requirements of the notice served on them under this section, and the local authority might under this Act execute the necessary works for providing a water supply for each house, the local authority niay, if it appears to them desirable and no greater expense would be occasioned thereby, execute works for the joint supply of water to those houses, and apportion the expenses as shall be just, and further provided that if any question shall arise under this section it shall' be determined summarily by the sheriff who shall have regard to all the circumstances of the case, and whose decision shall be final. Provided that nothing in this section shall relieve the local authority from the duty of providing their district or any part thereof with a supply of water, where a general scheme for such supply is required, and can be carried out at a reasonable cost. 126. With respect to districts other than burghs the following Supply of provisions shall have effect^or * districts (1.) The local authority, if they think it expedient so to do, ^^^^ may acquire and provide or arrange for a supply of water for the domestic use of the inhabitants and for sanitary and other purposes, and for that purpose may acquire and conduct water from any lake, river, spring, or stream, may dig wells, make and maintain reservoirs, may purchase, take upon lease, hire, construct, lay down, and maintain such waterworks, pipes, and premises, and do and execute all such works, matters, and things as shall be necessary and proper for the aforesaid purpose, and may themselves furnish a supply of water, or contract or arrange with any other person to furnish the same; and for the purposes aforesaid the local authority shall be held to have all the powers and rights given to and be subject to all the obligations imposed on the promoters of undertakings by the Lands Clauses Acts as amended by this Act: Provided also, that it shall not be lawful for the local authority to provide or supply water within any area which any local authoritj'^ or any company, established by Act of Parliament or empowered by or authorised by Provisional Order, is authorised to supply with water, unless the local authority shall previously have purchased or acquired the undertaking of such local authority or compaoy. ^57