Search Legislation

Water Resources (Scotland) Act 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 35

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Water Resources (Scotland) Act 2013, Section 35. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

35Substances generallyS

This section has no associated Explanatory Notes

(1)In section 46 (certain matter not to be passed into drains) of the 1968 Act—

(a)in subsection (2), for the words “a fine not exceeding £40,000” there is substituted “ imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both) ”,

(b)after subsection (2) there is inserted—

(3)This section does not apply in relation to the passing of fat, oil or grease from trade premises into a public sewer or a drain connecting with such a sewer..

(2)After section 46 there is inserted—

46AOffence as to fat, oil or grease

(1)A person commits an offence if—

(a)the person passes, or permits to be passed, any relevant substance from trade premises into—

(i)a public sewer, or

(ii)a drain connecting with such a sewer, and

(b)the condition in subsection (2) is met.

(2)The condition is that the relevant substance (alone or in combination with any matter with which it comes, or may come, into contact)—

(a)interferes with, or is likely to interfere with, the free flow of the contents of the sewer, or

(b)adversely affects, or is likely so to affect, the treatment or disposal of the contents of the sewer.

(3)But no offence is committed under subsection (1) if the relevant substance is passed in accordance with the provisions of Part II of this Act.

(4)In subsections (1) to (3), “relevant substance” means fat, oil or grease.

(5)A person who commits an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

46BDamage caused by fat, oil or grease

(1)Subsection (5) applies if—

(a)an owner or occupier of trade premises passes, or permits to be passed, any relevant substance from the premises into—

(i)a public sewer, or

(ii)a drain connecting with such a sewer, and

(b)the condition in subsection (2) is met.

(2)The condition is that, as a result—

(a)the sewer or drain is damaged or blocked, or

(b)the free flow of the contents of the sewer is otherwise interfered with.

(3)But subsection (5) does not apply if the relevant substance is passed in accordance with the provisions of Part II of this Act.

(4)In subsections (1) and (3), “relevant substance” means fat, oil or grease.

(5)Scottish Water may recover, from the owner or (as the case may be) occupier, any expenses that it reasonably incurs in investigating or remedying the damage, blockage or interference..

Commencement Information

I1S. 35 in force at 21.12.2013 by S.S.I. 2013/342, art. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources