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                  Water & Sewage

                  Water supply and provision of a sewage system was a local responsibility until the creation of Scottish Water in 2002, but central government exercised considerable control over local provision of water supply.

                  Burghs acquired water and sewerage powers first through local acts of parliament and then from 1833 onwards through the adoption of general police acts.  The Burgh Police (Scotland) Act 1833 enabled royal burghs, burghs of barony and burghs of regality which had not previously acquired police and improvement powers to adopt this Act and apply funding raised from assessments to various improvements including water supply and distribution and to building and maintaining common sewers and drains.[1] This was extended to parliamentary burghs in 1847.[2] From 1850 it became possible to establish police burghs in ‘populous places’ which had not previously been burghs.[3] Additional powers were given in 1862 including responsibility for water supplies for domestic and ordinary purposes, appointing a surveyor for paving, drainage and other works, setting the levels of the streets and surveying and drawing up plans showing drains and sewerage pipes.[4]

                  Parish councils and then parochial boards were given water responsibilities under the Public Health (Scotland) Act, 1867 which also set up the Scottish Board of Health.[5] A range of legislation from 1890 onwards gradually gave greater supervisory powers in public health to the Scottish Board of Health and by 1914 the Scottish Board of Health was responsible for approving the creation of special water, lighting, and scavenging districts within landward areas as well as other public health matters.[6] The Board was replaced by the Department of Health for Scotland in 1929.

                  The Water (Scotland) Act 1946 made the Secretary of State for Scotland responsible for all aspects of the public water supply service, including the quality and quantity of water, the approval of new works and obtaining co-operation between local authorities through joint boards. Every house was to be provided with an inside water supply and new houses could not be built without an inside supply.[7] The Water (Scotland) Act 1949 further extended the powers and functions of the Secretary of State for Scotland.[8]

                  The Sewerage (Scotland) Act 1968 made it the duty of every local authority to provide public sewers for draining domestic sewage, surface water and trade effluent.[9]

                  In 1967 under the Water (Scotland) Act 1967 the Central Scotland Water Development Board was set up to supply more water for sale to local authorities and local water boards and trusts were replaced by regional boards.[10] Under the Local Government (Scotland) Act 1973, regional and islands councils were given responsibility for the control of public water supply, sewerage and sewage disposal. [11]

                  In 1996 three new public water authorities were created – East of Scotland Water, West of Scotland Water and North of Scotland Water – to take over water and sewerage services from the former regional councils.[12] In 2002 these water authorities were replaced by a new national body, Scottish Water.[13]

                  Compiler: Elspeth Reid (2021)

                  Bibliography

                  Bell, James, and James Paton, Glasgow: Its Municipal Organization and Administration (J. MacLehose and Sons, 1896)

                  Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)

                  Templeton, Archibald A., ‘Water’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 220-28

                  Whyte, W. E., Local Government in Scotland (Edinburgh: Hodge & Co, 1936)

                   

                  References

                  [1] Burgh Police (Scotland) Act 1833 (3 & 4 Will. IV c.46) s.44, s.96

                  [2] Burgh Police etc (Scotland) Act 1847 (10 & 11 Vict. c.39)

                  [3] Burgh Police (Scotland) Act 1850 (13 & 14 Vict. c.33)

                  [4] General Police and Improvement (Scotland) Act 1862 (25 & 26 Vict. c.101)

                  [5] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101)

                  [6] Local Government (Scotland), Act, 1889 (52 & 53 Vict. c.50); Burgh Police (Scotland) Act, 1892 (55 & 56 Vict. c.55); Public Health (Scotland) Act, 1897 (60 & 61 Vict. c.38); Burgh Sewerage Drainage and Water Supply (Scotland) Act 1901 (1 Edw. VII c.24)

                  [7] Water (Scotland) Act 1946 (9 & 10 Geo. VI c.42)

                  [8] Water (Scotland) Act 1949 (12 & 13 Geo. VI c.31)

                  [9] Sewerage (Scotland) Act 1968 (c.47)

                  [10] Water (Scotland) Act 1967 (c.78)

                  [11] Local Government (Scotland) Act 1973 (c.65)

                  [12] Local Government etc (Scotland) Act 1994 (c.39)

                  [13] Water Industry (Scotland) Act 2002 (2002 asp 3)