This is just for the record.
It demonstrates the problem of getting a simple answer to a simple question. It is what most Whistleblowers complain of - that their complaint, or whatever, is not treated with the respect with which it is raised, and "evasion" appears to be the game which is played by the civil [is that currently the right word] servant when dealing with the general public.
Email to Water Industry Team dated 18th September 2017
This request is raised as a law abiding citizen of Scotland who would pay all the legitimate and valid demands for payment.
Please provide, from Scottish Water, or other source [the 2005 Act, or other legislation, or valid Legal Opinion - with name of Counsel, or report of a court case [thus NOT from the SPSO]], the reason, valid in law, and thus supportable in the Sheriff's court, that Premises which have neither a direct connection to a Scottish Water water pipe, nor a direct connection to a Scottish Water Sewer whether it be Foul, Storm, or Combined should be treated as an Eligible Premises.
You should not treat this as an FOI but simply as a question requiring a straight forward answer.
Email from Water Industry Team dated 19th September 2017
Thank you for the question but I’m afraid I can only repeat once again that we cannot give legal advice.
Also as previously advised the option to negotiate with the landlord to change the charging arrangements is open to you if you are not content with direct charging.
Noted that "the previously advised option" has never before been made.
Noted also that this option is NOT sanctioned by the 2005 Act. If a tenant has a Scottish Water water supply or sewerage connection, then the tenant is liable for water or sewerage charges.
Email to Water Industry Team dated 19th September 2017
You are now added to the list of persons contacted, and are NOT defined as being Open Honest and Accountable.
This is not a matter of providing legal advice ... we have plenty of that including Sheriff Reid's recent judgement as well as Counsel's opinion.
The Landlord is not mentioned in Section 27 of the 2005 Act.
There is no choice whatsoever.
The fact that Scottish Water and the Water Team have and continue to pervert the law is a matter of fact, and you bring Scotland and it's Government into disrepute.
The right is reserved to publish our email interchange.
This is the email chain: some words have been changed to hide personal identities. The originals are held in PDF format for Audit purposes.