SCHEDULE 3Sustainable urban drainage systems: further amendments
1The 1968 Act
The 1968 Act is amended as follows.
2
In section 1(1) (duty of Scottish Water to provide for sewerage)—
a
after “sewers” in the first place where it occurs insert “
and public SUD systems
”
,
b
after “sewers” in the second place where it occurs insert “
and SUD systems
”
.
3
In section 2 (maintenance of public sewers etc.), after “sewers,” insert “
SUD systems,
”
.
4
In section 3 (power to construct public sewers)—
a
in subsection (1)(a), after “sewer” insert “
or SUD system
”
,
b
in subsection (2), after “sewer” insert “
or SUD system
”
.
5
In section 3A(2) (vesting of privately constructed sewers)—
a
after “sewer” in the first place where it occurs insert “
or SUD system
”
,
b
after “sewer” in each other place where it occurs insert “
or system
”
,
c
after “sewers” insert “
, SUD systems
”
.
6
In section 4 (Scottish Water may close or alter public sewers etc.)—
a
after “sewer” in the first and third places where it occurs insert “
, SUD system
”
,
b
after “sewer” in the second and fourth places where it occurs insert “
, system
”
.
7
In section 7(1)
(agreements between roads authorities and Scottish Water), after “sewers” insert “
, SUD systems
”
.
8
In section 8(1) (agreements as to provision of sewers etc. for new premises)—
a
after “sewers” in both places where it occurs insert “
, SUD systems
”
,
b
after “of” in the second place where it occurs insert “
SUD systems and
”
.
9
In section 11(1)
(Scottish Water to keep maps of sewers, drains etc.), after “drains” insert “
, SUD systems
”
.
10
1
Section 12 (rights of owners and occupiers to connect with and drain into public sewers etc.) is amended as follows.
2
In subsection (1)—
a
for “or private sewers” in the first place where those words occur substitute “
, private sewers or private SUD systems
”
,
b
after “sewers” in the second place where it occurs insert “
, SUD systems
”
,
c
after “entitled” in the second place where it occurs insert “
(a)
”
,
d
for “and surface water from those premises” substitute
, and
b
by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water,
from those premises
3
In subsection (2)—
a
for “or sewers” substitute “
, sewers or SUD systems
”
,
b
after “sewers” in the second place where it occurs insert “
, SUD systems
”
,
c
for “or sewer” substitute “
, sewer or SUD system
”
.
4
In subsection (3)—
a
for “or sewers” substitute “
, sewers or SUD systems
”
,
b
after “sewers” in the second place where it occurs insert “
, SUD systems
”
,
c
for “or sewer” substitute “
, sewer or SUD system
”
,
d
after “sewer” in the second place where it occurs insert “
, system
”
.
5
In subsection (8)—
a
for “or sewer” in both places where those words occur substitute “
, sewer or SUD system
”
,
b
after “sewers” insert “
, SUD systems
”
.
11
In section 14 (direction by Scottish Water as to manner of construction of works)—
a
in subsection (1)—
i
for “or sewer” substitute “
, sewer or SUD system
”
,
ii
after “sewer” in the second, third and fourth places where it occurs insert “
, SUD system
”
,
b
in subsection (5), after “sewer” in each place where it occurs insert “
, SUD system
”
,
c
in subsection (6), after “sewer” insert “
, SUD system
”
.
12
In section 15 (owner or occupier to remedy defects in drains etc.)—
a
in subsection (1), after “drains” in both places where it occurs insert “
, SUD systems
”
,
b
in subsection (5), after “drain” insert “
, SUD system
”
.
13
In section 16 (vesting of sewers and other works in Scottish Water)—
a
in subsection (1)—
i
in paragraph (a), after “sewers” insert “
, SUD systems
”
,
ii
in paragraph (c), after “sewers” in the first place where it occurs insert “
and private SUD systems
”
,
iii
in paragraph (cc), after “sewers” in the first place where it occurs insert “
and private SUD systems
”
, and after “sewers” in the second place where it occurs insert “
and systems
”
,
iv
in paragraph (d), after “works” insert “
and SUD systems
”
,
v
in paragraph (e), after “works” insert “
and SUD systems
”
,
b
in subsection (2)—
i
after “sewers” in the first place where is occurs insert “
, private SUD systems
”
,
ii
after “works” insert “
and SUD systems
”
,
c
in subsection (3), after “drains” insert “
, SUD systems
”
.
14
In section 16A (vesting of certain private sewers)—
a
in subsection (1), for “or” in the second place where it occurs substitute “
and any sewer or SUD system vested in a person
”
,
b
in subsection (2), after “sewer” insert “
or SUD system
”
.
15
In section 17 (Scottish Water may take over private sewage treatment works)—
a
in subsection (1)—
i
after “works” in the first place where it occurs insert “
or private SUD system
”
,
ii
after “works” in the second place where it occurs insert “
or system
”
,
b
in subsection (2)—
i
after “works” in the first place where it occurs insert “
or a SUD system
”
,
ii
after “works” in the second place where it occurs insert “
or system
”
,
c
in subsection (4), after “works” insert “
and any SUD system
”
,
d
in subsection (5)—
i
after “works” insert “
or a SUD system
”
,
ii
after “them” insert “
or it
”
,
iii
after “have” insert “
or it has
”
,
e
in subsection (6), after “works” insert “
or a SUD system
”
.
16
In section 21(1)
(buildings not to interfere with sewers), after “sewer” insert “
or SUD system
”
.
17
In section 23 (restriction on working minerals)—
a
after “works” in the first place where it occurs insert “
, public SUD systems
”
,
b
after “works” in every other place where it occurs insert “
, SUD systems
”
.
18
In section 39 (Scottish Water to have right to sewage), after “sewers” insert “
, SUD systems
”
.
19
In section 41 (breaking open of streets etc.), after “sewers” insert “
, SUD systems
”
.
20
In section 45 (production of plans and information)—
a
after “sewer” in the first and second places where it occurs insert “
, SUD system
”
,
b
after “sewer” in the third and fourth places where it occurs insert “
, system
”
.
21
In section 46 (certain matter not to be passed into drains)—
a
after “sewer” in the first place where it occurs insert “
, public SUD system
”
,
b
after “sewer” in the second and third places where it occurs insert “
, SUD system
”
.
22
In section 48(1) (powers of entry)—
a
in paragraph (a), after “of” in the third place where it occurs insert “
a SUD system or
”
,
b
in paragraph (dd)—
i
after “sewer” in the first place where it occurs insert “
or SUD system
”
,
ii
after “sewer” in the second place where it occurs insert “
or public SUD system
”
,
c
in paragraph (f)—
i
after “sewers” in the first place where it occurs insert “
, public SUD systems
”
,
ii
after “sewers” in the second place where it occurs insert “
, SUD systems
”
.
23
In section 59 (interpretation)—
a
in subsection (1), in the definition of “sewage treatment works”, at the end insert “
but does not include a SUD system
”
,
b
in subsection (3), after “sewer” in both places where it occurs insert “
, SUD system
”
.
24
In section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (acquisition of land by agreement for provision of sewerage system), after “sewers” insert “
, sustainable urban drainage systems
”
.