Chamber and committees

Annual accounts for ScottishWater, which are laid before Parliament, will reflect the activities ofScottish Water Solutions Ltd.

This is the responsibilityof the Chief Executive of Scottish Water. I understand that, in accordance withthe Companies Act 1985 as amended, the document you seek is in the publicdomain and available from Companies House at www.companies‑house.gov.uk.

The Auditor General, inaccordance with section 23 of the Public Finance and Accountability ScotlandAct 2000, may initiate an investigation into any aspect of Scottish Water’sactivities, provided he consults the Water Industry Commissioner.

None. The Executive is awareof some countries around the world where like Scotland – the provision ofwater and waste water services has remained in the public sector. Some water utilitieshave entered into joint venture relationships for delivery of capitalprogramme, however, within the water industry this arrangement is unique in itspartnering approach.

The Clyde waterfrontdevelopment project is an overall strategy which is made up of a wide number ofindividual projects. While the issue of access to water and waste waterservices has been recognised at the development project level, it would only becomea factor for detailed consideration at an individual project level. Detailedwork on individual projects has not started.In relation to developmentconstraints, I refer the member to the answer given to S2W-3242 on 4 November 2003.All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/search_wa.

Section 1 of the Water (Scotland)Act 1980, as amended by the Water Industry (Scotland) Act 2002, places aduty on Scottish Water to promote the conservation and effective use of waterresources throughout Scotland. In addition to this, section 51 of the WaterIndustry (Scotland) Act 2002 contains a general duty on Scottish Waterto exercise its functions in the way best calculated to contribute to theachievement of sustainable development.

In the light of these duties,the Executive does not consider that further provisions on water conservationare necessary.

No.

Abatement notices are servedby local authorities under section 80 of the Environmental Protection Act 1990.

In any case reported to aProcurator Fiscal, a decision will be made in the public interest whether toprosecute or take alternative action, including taking no proceedings. It is animportant feature of our criminal justice system that Procurators Fiscal makedecisions independently and in the public interest. This prosecutorialindependence is enshrined in the Scotland Act.

The decision in this casewas taken after consideration of all of the circumstances of the case andconsultation with the Drinking Water Quality Regulator for Scotland. Iunderstand that procedures were introduced by Scottish Water very quickly afterthis incident which should avoid future incidents of this kind.

The draft Water Services (Scotland)Bill has no bearing on Scottish Water’s power to enter into joint ventures asprovided for by section 25 of the Water Industry (Scotland)Act 2002.

This is an operationalmatter for the Chief Executive of Scottish Water and I have asked him to writeto you about this matter.