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Sewerage (Scotland) Act 1968

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Legislation Crest

F1Sewerage (Scotland) Act 1968

1968 CHAPTER 47

An Act to make new provision as respects sewerage in Scotland, and for connected purposes.

[26th July 1968]

Textual Amendments

F1Pt. 2A inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 37, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)

Modifications etc. (not altering text)

C1Act amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para.13 (with s. 46)

C2Act modified (17.7.1995) by 1994 c. 39, s. 65(2) (with s. 74(4)); S.I. 1995/1898, art. 2(a), Sch.

Commencement Information

I1Act partly in force at Royal Assent see s. 61(2); Act wholly in force at 16.5.1973

Part IS General Provisions as to Sewerage

Duties and powers of local authoritiesS

1 Duty of local authority to provide for sewerage of their area.S

(1)Subject to the provisions of this Act, it shall be the duty of [F2Scottish Water] to provide such public sewers[F3and public SUD systems ] as may be necessary for effectually draining [F4its] area of domestic sewage, surface water and trade effluent, and to make such provision, by means of sewage treatment works or otherwise, as may be necessary for effectually dealing with the contents of [F4its] sewers [F5and SUD systems ].

[F6(2)Without prejudice to the generality of subsection (1) above—

(a)[F7 Scottish Water ] shall, subject to paragraph (b) below, take [F8 its ] public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost;

(b) where [F9 Scottish Water ] have agreed with some other person (in this section referred to as the “ private provider ”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists. ]

(3)The duties imposed by the foregoing subsections shall not require [F10Scottish Water] to do anything which is not practicable at a reasonable cost.

[F11(3A)Subsection (3) shall not apply to such cases or descriptions of case as the Scottish Ministers may direct.

(3B)In determining what is a reasonable cost for the purpose of subsection (3) so far as relating to subsection (2)(a), the costs to be taken into account include the costs of—

(a) constructing such other public sewers, public SUD systems and such public sewage treatment works, and

(b)carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in subsection (2)(a).

(3C)Subject to subsection (3B), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations made by the Scottish Ministers.

(3D)Such regulations may, in particular, make provision as to—

(a)the matters to be taken into, or left out of, account,

(b)the criteria to be applied,

(c)the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.]

(4)If any question arises under this section as to whether [F12a reasonable cost has been properly determined in accordance with regulations made under subsection (3C) or ]anything is or is not practicable at a reasonable cost or as to the point or points to which [F13a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider,] must be taken to enable drains or private sewers to be connected therewith at a reasonable cost, the[F14Water Industry Commission for Scotland], if requested to do so by any person aggrieved, shall, after consultation with that person and with [F15[F9Scottish Water], or as the case may be [F16the] private provider, concerned], determine that question, and [F17[F18Scottish Water] or [F16the] private provider] shall give effect to [F19its] determination.

[F20(4A)The Commission—

(a)shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (4) above, and

(b)may from time to time revise the statement.

(4B)In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.

(4C)The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.]

F21 [F22( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The power to make regulations under[F23[F24subsection (3C)] above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F25(7)The duties imposed by subsections (1) and (2) above shall not require Scottish Water to do anything which is prejudicial to its compliance with—

(a)any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or

(b)a statement of policy issued under section 29D of that Act.]]

Textual Amendments

F7Words in s. 1(2)(a)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F9Words in s. 1(2)(b)(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F10Words in s. 1(2)(a)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F13Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F14 Words in s. 1(4) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(a) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

F15Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F17Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(iii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F19 Word in s. 1(4) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(a) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

F20 S. 1(4A)-(4C) inserted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(b) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

F24 Words in s. 1(6) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(d) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

Modifications etc. (not altering text)

C3S. 1: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

2 Maintenance of public sewers and other works.S

Subject to section 4 below, it shall be the duty of [F26Scottish Water] to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers [F27SUD systems, ], sewage treatment works and other works vested in [F28it] by virtue of this Act [F29or of [F30the Water Industry (Scotland) Act 2002 (asp 3)]].

Textual Amendments

F29Words in s. 2 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(3)(b); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C4S. 2 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

3 Construction etc. of public sewers and public sewage treatment works.S

(1)Subject to the provisions of this Act, [F31Scottish Water] may, F32...—

(a)construct a public sewer [F33 or SUD system]—

(i)in, under or over any [F34road], or under any cellar or vault below any [F34road];

(ii)in, on or over any land not forming part of a [F34road];

(b)construct public sewage treatment works in or on any land held by [F35it] or appropriated for the purpose.

(2)Before commencing construction of a sewer [F36 or SUD system ] in, on or over any land not forming part of a [F34road], [F37Scottish Water] shall serve notice of [F38its] intention on the owner and the occupier of land concerned together with a description of the proposed works and of the right to object thereto, and if within 2 months after the service of the notice the owner or the occupier objects to the proposed works, and that objection is not withdrawn, [F39Scottish Water] shall not proceed to execute the works without consent aftermentioned but may refer the matter by summary application to the sheriff who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as he thinks just, or who may withhold his consent, and the decision of the sheriff on the matter shall be final.

(3)Section [F40192] of the Local Government (Scotland) Act [F401973] (service of notices) shall apply to notices [F41served by [F42Scottish Water]] under subsection (2) above relating to land as it applies to notices [F43served by a local authority] relating to premises.

(4)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C5S. 3 applied (with modifications) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3

[F45 3A Authorisation of construction of certain private sewers etc.S

(1) Without prejudice to [F46 its ] powers under section 3 of this Act (including any power to authorise the construction, on [F46 its ] behalf, of a public sewer), [F47 Scottish Water ] may authorise a person to construct, within [F46 its ] area but whether or not connecting with [F46 its ] sewers or sewage treatment works, a sewer—

(a)in, under or over any road, or under any cellar or vault below any road; or

(b)in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier,

but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by [F48 it ] under subsection (1) of that section.

(2)[F49 Scottish Water ] —

(a)in giving authorisation to a person under subsection (1) above; or

(b) as respects any sewer [F50 or SUD system ] (not being a sewer constructed by or on behalf of [F51 Scottish Water ] ) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer [F52 or system ] will connect with [F53 its ] sewers [F54 , SUD systems ] or sewage treatment works, determine (and by written notice advise the person) that all, or a part which [F55 it ] shall specify in the notice, of the sewer [F52 or system ] constructed shall not vest in [F56 it ] through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination [F57 Scottish Water ] may, on such terms and conditions as [F58 it thinks ] fit, then or at some later time enter into an agreement under which the sewer [F52 or system ] , or as the case may be the part, shall vest in [F56 it ] . ]

Textual Amendments

F45S. 3A and sidenote inserted (4.1.1995) by 1994 c. 39, s. 101 (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F47Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F49Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

F51Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.I. 2002/118, art. 2

F57Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C6S. 3A: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

4 Power of local authority to close or alter public sewers etc.S

[F59Scottish Water] may, if [F60it thinks] fit, close, alter, replace or remove any sewer [F61 , SUD system ], sewage treatment works or other works vested in [F62it] by virtue of this Act [F63or of [F64the Water Industry (Scotland) Act 2002 (asp 3)]], but, before any person who is lawfully using the sewer [F65 , system] or works for any purpose is deprived by [F66Scottish Water] of that use, [F67it] shall provide a sewer [F61 , SUD system ]or works equally effective for that use and shall at [F68its] expense carry out any work necessary to connect his drain or private sewer [F65 , system] with the sewer or works so provided.

Textual Amendments

Modifications etc. (not altering text)

C7S. 4 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

F695. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F69Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

6 Functions outwith the area of a local authority.S

F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7 Agreements between highway and local authorities.S

(1)Subject to the provisions of this section, [F71a roads authority] and [F72Scottish Water] may agree, on such terms and conditions as may be specified in the agreement, as to the provision, management, maintenance or use of their sewers [F73 , SUD systems ] or drains for the conveyance of water from the surface of [F74a road] or surface water from premises.

(2)F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F76A roads authority or [F77Scottish Water]] shall not unreasonably refuse to enter into an agreement for the purposes of this section or insist unreasonably upon terms or conditions unacceptable to the other party, F78..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not [F79a roads authority or Scottish Water] are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the [F80authority concerned and Scottish Water], shall determine the dispute, and his decision shall be final.

[F81(3A) In the foregoing provisions of this section, “ roads authority ” has the same meaning as in the M1 Roads (Scotland) Act 1984. ]

F82(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Words in s. 7(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F76Words in s. 7(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F82Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

8 Agreements as to provision of sewers etc. for new premises.S

(1)Subject to subsection (2) below, where [F83Scottish Water is] satisfied that premises are to be constructed within [F84its] area by any person, [F85it] may enter into an agreement with that person as respects the provision by that person or by [F86it] of sewers [F87, SUD systems ]and sewage treatment works to serve those premises, and any such agreement may specify the terms and conditions on which the work is to be carried out, including provision as to the taking over by [F88Scottish Water] of [F89SUD systems and] sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers [F87, SUD systems ] or works, shall be enforceable against [F90Scottish Water] by the owner or occupier of the premises for the time being.

(2)An agreement under the foregoing subsection may only be entered into by [F91Scottish Water] where [F92it has] no duty under section 1 above to provide public sewers to serve the premises.

Textual Amendments

9 Loan of temporary sanitary conveniences.S

Where work is to be carried out in connection with a sewer, drain or sewage treatment works which necessitates the disconnection of water closets or other sanitary conveniences provided for or in connection with premises, [F93Scottish Water] may agree with the occupier of the premises, and on such terms and conditions as may be specified in the agreement, to supply on loan to him temporary sanitary conveniences in substitution for any water closets or other sanitary conveniences so disconnected:

Provided that [F93Scottish Water] shall make no charge for the supply, cleansing or removal of the temporary sanitary conveniences for the first 7 days of the period of loan or where the work is made necessary by a defect in a public sewer.

Textual Amendments

[F9410 Emptying of septic tanks.S

(1)It shall be the duty of [F95Scottish Water] to empty a septic tank serving premises in [F96its] area on [F96its] being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank—

(a)to its being reasonably practicable to empty the tank; and

(b)to all proper charges for [F96its] doing so being timeously paid.

(2)The duty does not extend to septic tanks which receive trade effluent; but [F97Scottish Water] may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as [F98it thinks] fit.

(3)If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final.

(4)For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of [F99the Water Industry (Scotland) Act 2002 (asp 3)]).]

Textual Amendments

F94S. 10 and sidenote substituted (1.4.1996) by 1994 c. 39, s. 102 (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F95Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F97Words in s. 10(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

11 Duty of local authority to keep map showing public sewers etc.S

[F100(1)[F101 Scottish Water ] shall keep deposited at [F102 its ] principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains [F103 , SUD systems ] and sewage treatment works which are vested in [F104 it ] by virtue of this Act or of [F105 the Water Industry (Scotland) Act 2002 (asp 3) ] or in respect of which [F106 it has ] made a determination under section 3A(2) of this Act; and [F107 Scottish Water ] shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as [F107 Scottish Water ] may determine. ]

(2)Where some of the sewers so vested in [F101Scottish Water] are reserved for foul water only or for surface water only, the said map shall show also the purposes which each such sewer is intended to serve.

[F108(3)[F101 Scottish Water ] shall keep deposited at such of [F102 its ] offices, other than [F102 its ] principal office, as [F109 it considers ] appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and [F110 it ] shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, [F111 it does ] in relation to the map mentioned in that subsection at [F102 its ] principal office.

(4) For the purposes of subsection (3) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to [F112 Scottish Water ] to be appropriate having regard to the geographical location of that office. ]

Textual Amendments

F101Words in s. 11(1)(2)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F107Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I 2002/118, {art. 2}

Rights and duties of owners and occupiersS

12 Rights of owners and occupiers to connect with and drain into public sewers etc.S

(1)Subject to the provisions of this section and of section 14 below, the owner of any premises F113... shall be entitled to connect his drains or [F114, private sewers or private SUD systems ]with the sewers[F115, SUD systems ] or sewage treatment works of [F116Scottish Water] , and the occupier of any such premises shall be entitled

[F117(a)]by means of those drains or private sewers to drain into those sewers or works the domestic sewage[F118, 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 . ]

(2) An owner shall not, under the foregoing subsection, be entitled to connect his drains [F119, sewers or SUD systems ]with the sewers[F120, SUD systems ] or works of [F121 Scottish Water ] unless the intervening land is land through which the owner is entitled to construct a drain [F122 , sewer or SUD system ].

(3) The owner of any premises who proposes to connect his drains [F123, sewers or SUD systems ] with the sewers [F124, SUD systems ]or works of [F125 Scottish Water ] , or to alter a drain [F126, sewer or SUD system] connected with such sewer[F127 , system ] or works in such a manner as may interfere with them, shall give to [F128 Scottish Water ] notice of his proposals, and within 28 days of the receipt by [F129 it ] of the notice [F128 Scottish Water ] may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as [F130 it thinks ] fit, and any such permission may in particular specify the mode and point of connection and, where there are separate public sewers for foul water and surface water, prohibit the discharge of foul water into the sewer reserved for surface water, and prohibit the discharge of surface water into the sewer reserved for foul water.

(4)[F125 Scottish Water ] shall forthwith intimate to the owner [F131 its ] decision on any proposals made by him under subsection (3) above, and, where permission is refused, or granted subject to conditions, shall inform him of the reasons for [F131 its ] decision and of his right of appeal under subsection (5) below.

(5)If a person to whom a decision has been given under subsection (4) above is aggrieved by the decision or any conditions attached thereto, he may appeal to the Secretary of State who may confirm the decision and any such conditions either with or without modification or refuse to confirm it.

(6) Where permission has been granted as mentioned in subsection (3) above or by virtue of subsection (5) above, the person to whom it was granted shall, before commencing any work in pursuance of that permission, give not less than 3 days’ notice to [F132 Scottish Water ] so as to enable [F133 it ] to supervise the execution of the work, and shall afford [F133 it ] all reasonable facilities for so doing.

(7) Where any work to be done in pursuance of a permission granted under subsection (3) above or by virtue of subsection (5) above involves the breaking open of a [F134 road ] , [F135 Scottish Water ] may undertake the work in the [F134 road ] and may recover the expenses reasonably incurred by [F136 it ] in so doing from the person for whom the work was done.

(8) Any person who connects a drain [F137, sewer or SUD system] to the sewers [F138 , SUD systems ] or works of [F125 Scottish Water ] or alters a drain [F137 , sewer or SUD system ] without permission granted under this section, or contrary to any conditions attached thereto, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F139 £40,000 ] , and [F140 Scottish Water ] may, whether or not proceedings have been taken under this subsection, close, remove or remake any such unlawful connection, and recover from the offender any expenses reasonably incurred by [F141 it ] in so doing.

Textual Amendments

F113 Words in s. 12(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(a)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F116 Words in s. 12(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(a)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F121 Words in s. 12(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(b) (with s. 67 ); S.S.I 2002/118, {art. 2}

F125 Words in s. 12(3)(4)(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 2 (with s. 67 ); S.S.I. 2002/118 , art. 2

F128 Words in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 4 (with s. 67 ); S.S.I. 2002/118 , art. 2

F129 Word in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(c)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F130 Words in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(c)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F131 Words in s. 12(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(d) (with s. 67 ); S.S.I 2002/118, {art. 2}

F132 Words in s. 12(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(e)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F133 Words in s. 12(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(e)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F135 Words in s. 12(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(f)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F136 Words in s. 12(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(f)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F140 Words in s. 12(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 3 (with s. 67 ); S.S.I. 2002/118 , art. 2

F141 Word in s. 12(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(g) (with s. 67 ); S.S.I 2002/118, {art. 2}

13 Rights of owners and occupiers to connect with and drain into sewers etc. of another local authority.S

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

14 Direction by local authority as to manner of construction of works.S

(1)Where the owner of any premises proposes to construct a drain [F143, sewer or SUD system ] in respect of which notice has been given to [F144Scottish Water] by virtue of section 12(3) above F145... , or sewage treatment works in respect of which notice has been given under subsection (2) below, [F146Scottish Water] may, if [F147it considers] that the proposed drain, sewer [F148 , SUD system ]or works is, or is likely to be, needed to form part of a general sewerage system which [F149it has] provided or propose to provide, within 28 days of the receipt by [F150it] of the notice direct him to construct the drain, sewer [F148 , SUD system ]or works in a manner differing from that in which he proposes to construct the drain, sewer[F148 , SUD system ] or works.

(2)Where the owner of any premises proposes to construct sewage treatment works to serve those premises he shall give notice of his proposals to [F151Scottish Water] .

(3)If a person to whom a direction has been issued under subsection (1) above is aggrieved by the direction, he may appeal to the Secretary of State, who may disallow the direction or allow it with or without modification.

(4)A person to whom a direction is issued under this section shall, before commencing any work in pursuance of that direction, give not less than 3 days’ notice to [F152Scottish Water] so as to enable [F153it] to supervise the execution of the work and shall afford [F153it] all reasonable facilities for so doing.

(5)[F154Where Scottish Water has issued a direction under subsection (1) above, it] shall pay to the person constructing the drain, sewer[F155, SUD system ] or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewer[F155, SUD system ] or works become vested in [F146Scottish Water], [F156it] shall also from time to time pay to him so much of any expenses reasonably incurred by him in repairing, operating or maintaining the drain, sewer [F155, SUD system ]or works as may be attributable to [F157its] direction having been made and complied with, and, if any question arises as to the amount of any payment to be made to him under this subsection, he may refer it by summary application to the sheriff whose decision on the matter shall be final.

(6)If any person who under this section has been directed by [F144Scottish Water] to construct a drain, sewer[F158 , SUD system] or sewage treatment works in a particular manner constructs them otherwise than in accordance with the terms of the direction, or, if the direction has been modified under subsection (3) above, of the modified direction, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F159level 4 on the standard scale].

Textual Amendments

F144Words in s. 14(1)(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F146Words in s. 14(1)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F150Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, {Sch. 5 para. 18(a)(iv} (with s. 67); S.S.I. 2002/118, art. 2

15 Owner or occupier to remedy defects in drains and other works.S

(1)If it appears to a local authority [F160or [F161Scottish Water]] that as respects any premises in their [F162or, as the case may be, its] area the drains[F163 , SUD systems ] or sewage treatment works serving such premises (other than drains [F163 , SUD systems ] or works vested in [F164Scottish Water]) are defective, [F165the local authority or, as the case may be, Scottish Water] may by notice require the owner or occupier of the premises, within a reasonable time therein specified, to remedy the defect.

(2)If an owner or occupier is aggrieved by a notice under the foregoing subsection he may, within the time specified in the notice, refer the matter by summary application to the sheriff, who may issue such directions as he thinks fit, and whose decision on the matter shall be final.

(3)Where an owner or occupier fails to comply with the terms of a notice under subsection (1) above, or as modified under subsection (2) above, the [F166local][F167authority which served the notice ] may, after giving not less than 7 days’ notice [F168or, where the notice was served by Scottish Water, that body] to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them [F169or, as the case may be, it] in so doing from the person on whom the notice was served, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier:

Provided that the [F166local][F170authority in question [F171or, as the case may be, Scottish Water]] may, if they think [F172or it thinks] fit, remit such part of the expenses as seems to them [F169or, as the case may be, it] to be equitable.

(4)If it appears to [F173a local authority or [F161Scottish Water] that immediate action is required to remedy a defect], the foregoing provisions of this section shall apply with the following modifications—

(a)the period specified in a notice under subsection (1) shall be 48 hours;

(b)subsection (2) shall not apply; and

(c)the period specified in subsection (3) shall not apply and the [F174local] authority [F175which served the notice][F176or, where the notice was served by Scottish Water, that body] may proceed to carry out the work forthwith.

(5)In this section “defect” includes any obstruction in a drain [F177, SUD system ] or sewage treatment works, and “defective” shall be construed accordingly.

Textual Amendments

F161Words in s. 15(1)(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F167Words in s. 15(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F170Words in proviso to s. 15(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F173Words in s. 15(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F175Words in s. 15(4)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C8References to medical officer of health and sanitary inspector to be construed as references to the proper officer of a local authority: Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2

Vesting of sewers, drains and worksS

16 Vesting of sewers and other works in local authority.S

(1)[F178There shall vest in [F179Scottish Water]]—

(a)all sewers [F180 , SUD systems] and sewage treatment works constructed by [F181it] at [F182its] expense in pursuance of section 1 above;

(b)all junctions with [F182its] sewers, F183. . . whether constructed at the expense of [F184Scottish Water] or otherwise;

[F185(c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers [F186 and private SUD systems ] connecting with [F182 its ] sewers or sewage treatment works;

(cc) where [F187 it enters ] into an agreement under subsection (2) of the said section 3A or under subsection (2) of section 16A of this Act (and subject to the terms of that agreement), all private sewers [F188 and private SUD systems ] , or as the case may be parts of sewers [F188 and systems ] , to which the agreement relates; ]

(d)all sewage treatment works [F189 and SUD systems ] taken over by [F181it] by virtue of an agreement under section 8 above; and

(e)all sewage treatment works [F190and SUD systems]taken over by [F181it] under section 17 below.

(2)Private sewers [F191, private SUD systems ] and junctions with sewers referred to in the foregoing subsection which are completed after [F192[F193the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force] shall vest in [F194Scottish Water]] on the date of their completion, and the works [F195and SUD systems ] referred to in paragraph (e) of the foregoing subsection shall vest in [F196Scottish Water] in accordance with the provisions of section 17 below.

(3)All sewers, junctions therewith, drains [F197 , SUD systems]and sewage treatment works vested in [F179Scottish Water] shall be the property of [F198Scottish Water which] shall be solely responsible for their management, maintenance and renewal.

(4)In this section “junction” means the junction between a public sewer and any other sewer or drain.

Textual Amendments

F178Words in s. 16(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F179Words in s. 16(1)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F184Words in s. 16(1)(b)(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F185S. 16(1)(c)(cc) substituted for s. 16(1)(c) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(a)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F192Words in s. 16(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(b); S.I. 1996/323, art. 4(1)(b)(c)

F196Words in s. 16(1)(b)(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C9S. 16: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

[F199 16A Vesting of certain private sewers.S

(1) Subject to any agreement entered into under subsection (2) below, there shall vest in a person authorised, under subsection (1) of section 3A of this Act, by [F200 Scottish Water ] to construct a sewer not connecting with [F201 its ] sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection [F202 and any sewer or SUD system vested in a person ] by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal.

(2) Notwithstanding subsection (1) above, [F203 Scottish Water ] may, on such terms and conditions as [F204 it thinks ] fit, at any time enter into an agreement under which the sewer [F205 or SUD system ] , or any part of it, shall vest in [F206 it ] . ]

Textual Amendments

F199S. 16A and sidenote inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(14); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F200Words in s. 16A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F203Words in s. 16A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C10S. 16A: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

17 Local authority may take over private sewage treatment works.S

(1)Subject to the provisions of this section, [F207Scottish Water] may, by agreement with the owner of [F208any private sewage treatment works[F209 or private SUD system ]], or failing such agreement, in pursuance of proposals made by [F210it] under subsection (2) below, take over the works [F211or system ].

(2)[F212Scottish Water] may, by notice served on the owner of works [F213or a SUD system ] as mentioned in the foregoing subsection, intimate [F214its] proposals to take over the works [F215or system] within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if [F216it thinks] fit conditions as to payment of compensation by [F217it], as may be so specified F218... ; any notice served under this subsection shall inform the owner of his right of appeal under subsection (3) below.

(3)If an owner on whom a notice has been served under subsection (2) above is aggrieved by the notice, he may, within the period specified in the notice, appeal to the Secretary of State who may confirm the proposals of [F219Scottish Water] and any conditions so specified either with or without modification or refuse to confirm them.

(4)All works [F220and any SUD system ] taken over by [F221Scottish Water] under this section shall vest in [F222it] in accordance with the terms of any agreement made under subsection (1) above, or failing such agreement, at the end of the period specified under subsection (2) above or on such date as may be specified by the Secretary of State in his decision on an appeal under subsection (3) above.

(5)Subject to the provisions of this Act, a person who immediately before the taking over of works [F223or a SUD system ] under this section was lawfully entitled to use them [F224or it] shall continue to be so entitled after they have[F225or it has ] been so taken over.

(6)An agreement under subsection (1) above or proposals under subsection (2) above may relate to a part only of works [F226or a SUD system ].

Textual Amendments

MiscellaneousS

F22718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F228S

Textual Amendments

F228Ss. 5, 7(4), 18(4)—(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

20 Compensation for loss etc. resulting from exercise of powers under this Part of this Act.S

(1)Subject to the provisions of this section, [F229Scottish Water] shall make full compensation for any loss, injury or damage sustained by any person by reason of the exercise by [F230Scottish Water] of any of [F231its] powers under this Part of this Act in relation to a matter as to which he has not himself been in default.

(2)Any question arising under this section as to the fact of loss, injury or damage or as to the amount of compensation shall, in the case of dispute, be referred to a single arbiter to be appointed by agreement between the parties or, in default of agreement, by the Secretary of State, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings.

(3)A claim for compensation against [F232Scottish Water] under this section shall not be maintainable unless it is made to [F233Scottish Water] within [F23424] months after the date on which it is alleged to have arisen.

(4)Where an owner of land claims compensation in respect of loss, injury or damage sustained by him by reason of [F229Scottish Water] having, in the exercise of [F235its] powers under this Part of this Act, constructed a sewer in, on or over his land, the arbiter in determining the amount of compensation shall determine also by what amount, if any, the value to the claimant of any land belonging to him has been enhanced by the construction of the sewer, and [F236Scottish Water] shall be entitled to set off that amount against the amount of any compensation awarded.

[F237(5)The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to [F229Scottish Water] constructing a sewer under section 3(1), of this Act.]

Textual Amendments

F229Words in s. 20(1)(4)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F234Word in s. 20(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(17)(b); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C11S. 20(5): power to modify conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

21 Buildings not to interfere with sewers.S

F238(1)Unless with the consent of [F239Scottish Water], which shall not be unreasonably withheld, no building shall be erected [F240or embankment constructed] over, or in such a way as to interfere with or to obstruct access to, any sewer [F241or SUD system ] vested in [F242Scottish Water][F243or in respect of which [F244it has] made a determination under section 3A(2) of this Act].

(2)If any question arises as to whether consent under the foregoing subsection has been unreasonably withheld or as to what conditions should be attached to the consent, a person aggrieved may refer the question by summary application to the sheriff, whose decision in the matter shall be final.

(3)In this section “building” has the same meaning as in section [F24555(1) and (2) of the Building (Scotland) Act 2003 (asp 8)].

Textual Amendments

F238S. 21(1): power to modfiy conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F243Words in s. 21(1) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(18)(c); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

22 Protection for statutory undertakers.S

(1)Subject to the provisions of this section, nothing in this Part of this Act shall authorise [F246Scottish Water] to carry out works which will interfere with the carrying on of a statutory undertaking [F247or the running of [F248an electronic communications code network]without the consent of the statutory undertakers concerned or, as the case may be, of the operator of [F249that network].]

(2)Consent under the foregoing subsection shall not be unreasonably withheld, and if any question arises as to whether or not consent is unreasonably withheld or as to what conditions, including payment of compensation, should be attached to the consent, either party may require that it shall be referred to a single arbiter to be appointed, in default of agreement, by the President of the Institution of Civil Engineers, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings.

[F250(2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to [F246 Scottish Water ] constructing a sewer under section 3(1), of this Act. ]

(3)Nothing in this section shall be construed as limiting the powers of [F246Scottish Water] under section 41 below.

(4)In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by [F251section 275(1) of the M2Town and Country Planning (Scotland) Act 1972].

Textual Amendments

F246Words in s. 22(1)(2A)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C14S. 22: power to modify conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

C15S. 22 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(n); S.I. 2001/869, art. 2

Marginal Citations

23 Restriction on working minerals.S

Sections 71 to 78 of the M3Railways Clauses Consolidation (Scotland) Act 1845 (which restrict the working of minerals, subject to the payment of compensation), as originally enacted and not as amended for certain purposes by section 15 of the M4Mines (Working Facilities and Support) Act 1923, shall apply in relation to

[F252(a) any public sewers, public sewage treatment works [F253 , public SUD systems ] or public drains; and

(b) any sewers, sewage treatment works [F254 , SUD systems ] or drains not vested in [F255 Scottish Water ] but forming (or forming part of) any such system as is mentioned in [F256 section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ] ,

to which they do not already apply, with the substitution—

(i) for references to the railway, of references to the sewers, works [F254 , SUD systems ] or drains; and

(ii) for references to the company, of references to [F257 Scottish Water ] , or as the case may be to the person other than [F255 Scottish Water ] , in whom the sewers, works [F254 , SUD systems ] or drains are vested. ]

Textual Amendments

F252S. 23(a)(b)(i)(ii) substituted (for subparas. (a), (b) and words)(4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(20); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

C16S. 23: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 C. 39, S. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

Marginal Citations

Part IIS Trade Effluents

Right to discharge into public sewersS

24 Right to discharge into public sewers.S

(1)Subject to the provisions of this Act, the occupier of any trade premises within the area of [F258Scottish Water] may discharge into the sewers or sewage treatment works of [F259Scottish Water] any trade effluent from those premises.

(2)Any occupier of trade premises who discharges trade effluent into the sewers or sewage treatment works of [F258Scottish Water] without the consent of [F259Scottish Water], where such consent is required, or contrary to any direction given or condition imposed by virtue of any provision of this Part of this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F260£40,000 ].

Textual Amendments

Modifications etc. (not altering text)

C17Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Control of new dischargesS

25 Meaning of new discharge.S

In this Part of this Act, “new discharge” means a discharge from trade premises into the sewers or sewage treatment works of [F261Scottish Water] of trade effluent where the discharge—

(a)has not previously been lawfully made into such sewers or works; or

(b)not being an existing discharge by virtue of the proviso to section 33(1) below and whether commenced before or after the commencement of this section, has become substantially altered in nature or composition or whose temperature, volume or rate of discharge has been substantially increased since the commencement of this section; or

(c)has been discontinued for a period of two years or more, the whole or part of which period occurs after the commencement of this section, and is thereafter resumed.

Textual Amendments

Modifications etc. (not altering text)

C18Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

26 New discharge only with consent of the authority.S

Subject to section 37 below, an occupier or prospective occupier of trade premises who proposes to make a new discharge of trade effluent from those premises into the sewers or sewage treatment works of [F262Scottish Water] shall obtain the consent of [F263Scottish Water] to the discharge, which shall be applied for in accordance with section 27 below.

Textual Amendments

Modifications etc. (not altering text)

C19Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

27 Procedure on application for consent to new discharge.S

(1)An application for the consent of [F264Scottish Water] under section 26 above shall be made by serving a notice on [F265Scottish Water](hereafter in this Part of this Act referred to as a “trade effluent notice”).

(2)A trade effluent notice shall state so far as is reasonably practicable—

(a)the nature, composition and temperature of the effluent;

(b)the maximum quantity of the effluent which it is proposed to discharge on any one day;

(c)the maximum hourly rate at which it is proposed to discharge the effluent.

(3)Where the person applying for the consent of [F265Scottish Water] is not the owner of the premises, he shall, at the same time as serving a trade effluent notice on [F265Scottish Water] under subsection (1) above, send a copy of the notice to the owner of the premises and inform him that he may make representations in respect of the application to [F265Scottish Water] within 28 days of receipt of the copy.

(4)[F265Scottish Water] on receiving a trade effluent notice shall forthwith send a copy of the notice to—

(a)F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any other body acting under statutory powers which, in the opinion of [F265Scottish Water], has an interest in the application.

and at the same time shall inform F267... any body to which a copy of the notice is sent in pursuance of this subsection that they may make representations in respect of the application to the authority within 28 days of receipt of the copy.

(5)[F265Scottish Water] before making a decision on an application shall take into account any representations made in pursuance of subsections (3) and (4) above.

(6)F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F265Words in s. 27(1)(3)(4)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F266S. 27(4)(a) and following word repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 26(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C20Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

28 Time to dispose of application.S

(1)An application for the consent of [F269Scottish Water] under section 26 above shall, subject to the following subsection, be decided by [F270it] and intimated in accordance with section 30 below within a period of 3 months of the receipt by [F270it] of a trade effluent notice.

(2)Any such application which has been the subject of a reference to the Secretary of State under section 27(6) above shall be decided and so intimated by [F271Scottish Water] within a period of 28 days of the receipt by [F270it] of the Secretary of State’s decision under the said section 27(6).

Textual Amendments

Modifications etc. (not altering text)

C21Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

29 Decision on application.S

(1)[F272Scottish Water] in [F273its] decision on an application under section 26 above may refuse [F273its] consent or [F274it] may grant [F273its] consent either unconditionally or subject to such conditions as [F274it] may think fit to impose.

(2)Where [F275Scottish Water has] failed to intimate [F276its] decision on an application within the 3 month period referred to in subsection (1), or, as the case may be, the 28 day period referred to in subsection (2), of section 28 above, [F277it] shall be deemed to have made a decision on the last day of that period refusing [F276its] consent to the application.

(3)Without prejudice to subsection (1) above, [F278Scottish Water] in granting [F279its] consent may impose conditions relating to—

(a)the sewers into which any trade effluent may be discharged;

(b)the nature or composition of any trade effluent which may be discharged;

(c)the maximum quantity of any trade effluent which may be discharged on any one day, either generally or into a particular sewer;

(d)the maximum hourly rate at which any trade effluent may be discharged, either generally or into a particular sewer;

(e)the period or periods of the day during which any trade effluent may be discharged into the sewers;

(f)the elimination from or the diminution in any trade effluent of cooling water;

(g)the prevention of any injury to the health of persons engaged in carrying out the functions of [F278Scottish Water] under this Act as a result of the discharge of any trade effluent into the sewers;

(h)the elimination or diminution of any specified constituent of any trade effleunt, before it enters the sewers, where [F278Scottish Water][F280is] satisfied that that constituent would, either alone or in combination with any matter with which it is likely to come into contact while passing through any sewers—

(i)injure or obstruct those sewers, or make specially difficult or expensive the treatment or disposal of the sewage from those sewers, or

(ii)(where the trade effluent is to be discharged into sewers having an outfall in any harbour or in any waters below high water mark of ordinary spring tides or into sewers which connect directly or indirectly with sewers having such an outfall) cause or tend to cause injury or obstruction to the navigation on, or the use of, the said harbour or waters;

(i)the temperature of any trade effluent at the time when it is discharged into the sewers and its acidity or alkalinity at that time;

(j)the payment by the occupier of the trade premises to [F278Scottish Water] of charges for the reception of any trade effluent into the sewers, and for the treatment and disposal thereof, regard being had to the nature and composition and to the volume and rate of discharge of the trade effluent so discharged, to any additional expense incurred or likely to be incurred by [F278Scottish Water] in connection with the reception, treatment or disposal of the trade effluent or in connection with the provision already made by [F281it] for the treatment and disposal of trade effleunt in [F282its] area, and to any revenue likely to be derived by [F278Scottish Water] from the trade effluent;

(k)the provision and maintenance of such inspection chambers or manholes as will enable a person readily to take at any time samples of any effluent passing into the sewers from the trade premises;

(l)the provision and maintenance of such meters as may be required to measure the volume and rate of discharge of any trade effluent being discharged from the trade premises into the sewers and for the testing of such meters;

(m)the provision and maintenance of apparatus for determining the nature, composition and temperature of any trade effluent being discharged from the premises into the sewers and for the testing of the apparatus;

(n)the keeping of records of the volume, rate of discharge, nature, composition and temperature of any trade effluent being so discharged, and in particular the keeping of records of readings of meters and other recording apparatus provided in compliance with any other condition imposed in connection with the consent;

(o)the making of returns and giving of other information to [F278Scottish Water] concerning the volume, rate of discharge, nature, composition and temperature of any trade effluent so discharged.

[F283(p)the elimination from or diminution in any trade effluent of any priority substance or pollutant.]

(4)A consent granted under this section, and (where such consent is granted subject to any conditions) all or any of the conditions, may be made to take effect as from a specified date or for a specified period, being not less than two years, or both as from a specified date and for such a specified period.

(5)Any decision of [F284Scottish Water] under this section shall continue to be effective notwithstanding that there has been a change of ownership or occupancy of the premises to which the decision relates.

(6)Where an application under section 26 above is for the consent of [F278Scottish Water] to an increase of volume or rate of discharge of a discharge which is already being made lawfully. no decision of [F278Scottish Water] under this section shall have the effect of restricting the discharge already being made.

(7)In this section, any reference to a sewer or sewers includes a reference to sewage treatment works, and “harbour” has the same meaning as in section 57 of the M5Harbours Act 1964.

Textual Amendments

F278Words in s. 29(3)(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F283S. 29(3)(p) inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 34(1), 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)

Modifications etc. (not altering text)

C22Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b)

Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3)

Marginal Citations

[F28529APriority substances etc.S

(1)In section 29(3)(p)—

  • “pollutant” has the meaning given by regulation 2(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209),

  • “priority substance” means substance listed in Annex X of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (as amended from time to time).

(2)The Scottish Ministers may by regulations modify the definitions in subsection (1).

(3)Regulations may be made under subsection (2) only if the Scottish Ministers consider them to be necessary or expedient in consequence of any revocation or amendment of (as the case may be)—

(a)the Regulations or Directive mentioned in subsection (1), or

(b)any subsequent regulations made under section 20 of the Water Environment and Water Services (Scotland) Act 2003 or directive concerning the same subject-matter as that Directive.

(4)Regulations under subsection (2) are subject to the negative procedure.]

Textual Amendments

F285S. 29A inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 34(2), 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)

30 Intimation of decision.S

(1)[F286Scottish Water] shall intimate [F287its] decision under section 29 above, and the reasons therefor, to the owner and occupier or prospective occupier of the trade premises in question and to any F288... other body to which a copy of the trade effluent notice was sent under section 27(4) above.

(2)An intimation of a decision under this section shall—

(a)draw attention to the provisions of section 29(5) above;

(b)refer to the applicant’s right of appeal against, and the power of review of, the decision under this Part of this Act.

Textual Amendments

Modifications etc. (not altering text)

C23Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).

31 Appeal against refusals and conditions.S

Where the applicant for consent under section 26 above is aggrieved by the decision of [F289Scottish Water] under section 29 above, he may appeal to the Secretary of State, who may dispose of the appeal in any way competent to [F290Scottish Water] in their decision on the application.

Textual Amendments

Modifications etc. (not altering text)

C24Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).

Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

32 Review of consents, conditions and refusals.S

(1)[F291Scottish Water] may, and when requested so to do by the occupier of the premises in question shall, by direction review a decision made by [F292it] under section 29 above.

(2)Before making a direction under this section, [F293Scottish Water] shall intimate to the owner and occupier of the premises in question that [F294it proposes] to make such a direction, and [F295its] reasons therefor, and inform the owner and occupier that they may, within 28 days of receipt of the intimation, make representations to [F296it] in respect of the proposals.

(3)Before making such a direction [F297Scottish Water] shall take into account any representations made in pursuance of subsection (2) above.

(4)Section 29 above except subsection (2), and section 30 above except subsection (1) so far as relating to intimation to any F298... other body, shall, with any necessary modifications, apply to such a direction as they apply to a decision under the said section 29.

(5)No review under this section may take place earlier than two years after the making of a decision under the said section 29, and thereafter reviews may take place at intervals of not less than two years, unless in either case [F297Scottish Water] and the applicant otherwise agree in writing.

(6)A direction under this section shall take effect from a date specified therein, but not earlier than 3 months after the date of the direction.

(7)Where a direction is made under this section relating to the discharge of trade effluent from any premises, the occupier of the premises may appeal against the direction to the Secretary of State, who may dispose of the appeal in any way competent to [F297Scottish Water] in making the direction.

Textual Amendments

F297Words in s. 32(3)(5)(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C25Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).

Control of existing dischargesS

33 Meaning of existing discharge.S

(1)In this Part of this Act, “existing discharge” means a discharge of trade effluent from trade premises into the sewers or sewage treatment works of a local authority which was lawfully made within the period of two years ending on the date of the commencement of this section:

Provided that where before the said date the local authority and the person making the discharge have agreed that after that date the nature or composition of the discharge may be altered or the temperature, volume or rate of discharge may be increased, any discharge made in accordance with such agreement shall be treated for the purposes of this Part of this Act as an existing discharge.

(2)Any dispute between [F299Scottish Water] and the person making the discharge as to whether the discharge is an existing discharge shall be determined by the sheriff, against whose determination an appeal shall lie to the Court of Session.

Textual Amendments

Modifications etc. (not altering text)

C26Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

34 Right to continue existing discharge.S

Subject to this Part of this Act, and except where [F300Scottish Water] and the person making the discharge otherwise agree, an existing discharge shall be allowed to continue.

Textual Amendments

Modifications etc. (not altering text)

C27Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

35 Furnishing of information.S

The owner or occupier of premises from which an existing discharge is being made shall, when requested in writing to do so by [F301Scottish Water], furnish such information to [F302Scottish Water] concerning the discharge as an applicant for consent to a new discharge is required to furnish in a trade effluent notice under section 27(2) above, and information concerning the period for which the discharge has continued.

Textual Amendments

Modifications etc. (not altering text)

C28Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

36 Review of continuation of existing discharge.S

(1)[F303Scottish Water] may, and when requested by the person making the discharge shall, review the making of an existing discharge and may direct that any continuation of the discharge shall be either unconditional or subject to such conditions as [F304it] may think fit to impose.

(2)[F305Scottish Water] may by direction from time to time, and when requested by the person making the discharge shall, review a direction under the foregoing subsection, but, unless [F306Scottish Water] and the person making the discharge otherwise agree in writing, reviews under this subsection shall not take place at intervals of less than two years.

(3)Section 29 above, except subsection (1) so far as relating to the refusal of consent and subsection (2), and section 30 above shall, with any necessary modifications, apply to a direction under this section as they apply to a decision under the said section 29; and subsections (2), (3) and (6), and subject to subsection (4) below, subsection (7) of section 32 above, shall apply to such a direction as they apply to a direction under the said section 32.

(4)Where [F307Scottish Water has] directed under subsection (1) above that the continuation of the discharge shall be subject to conditions imposed by [F308it] which did not previously apply to the making of the discharge, and an appeal is made against the imposition of those conditions, it shall be for [F309Scottish Water] to establish that the circumstances of the making of the discharge or its reception, treatment or disposal are so altered as compared with those pertaining before the date of the commencement of section 33 above that it is reasonable that those conditions should be imposed.

Textual Amendments

Modifications etc. (not altering text)

C29Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

S. 36 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).

C30S. 36(4) restricted (30.6.1993) by S.I. 1993/1446, reg. 3(1).

Agreements in lieu of applications for consentS

37 Agreements as respects trade premises.S

(1)[F310Scottish Water] may enter into an agreement with the owner or occupier of any trade premises within [F311its] area for the reception, treatment or disposal by [F312it] of any trade effluent produced on those premises.

(2)The reference in the foregoing subsection to an agreement shall include a reference to an agreement varying or renewing an existing agreement, whether that existing agreement was entered into before or after the commencement of this section.

(3)Where [F310Scottish Water] propose to enter into an agreement under this section with an occupier who is not also the owner of trade premises, [F313it] shall intimate the proposal to the owner who may, within 28 days of receipt of the intimation, make representations in respect of the proposal.

(4)Before [F314Scottish Water] and such an occupier as is mentioned in subsection (3) above enter into an agreement under this section, [F315Scottish Water] shall take into account any representations made by the owner of the premises in question in pursuance of that subsection.

(5)Without prejudice to subsection (1) above, any agreement under this section may provide for—

(a)the construction by [F316Scottish Water] of such works as may be required for the reception, treatment or disposal of trade effluent;

(b)the removal and disposal by [F317Scottish Water] of substances produced in the course of treating any trade effluent on or in connection with the premises;

(c)the repayment by the owner or, as the case may be, occupier of the premises of the whole or part of the expenses incurred by [F318Scottish Water] in carrying out [F319its] obligations under the agreement.

(6)A discharge of trade effluent which is made in accordance with an agreement under this section shall not otherwise require the consent of [F320Scottish Water] nor may the making of such a discharge be reviewed by the direction of [F321Scottish Water]; and accordingly sections 26 to 32 and 36 above shall not apply to such a discharge.

(7)If the parties to an agreement under this section have failed to renew the agreement, with or without variation, on or before the date of its expiry, [F322Scottish Water] may, and if requested by the person making the discharge shall, review the making of the discharge by direction; and subsections (2) to (7) of section 32 above shall, with any necessary modifications, apply to a direction under this subsection.

(8)Until a direction has been made under subsection (7) above in respect of an agreement, a discharge may continue to be made in accordance with the agreement.

(9)Any reference in this section to an occupier shall include a reference to a prospective occupier.

Textual Amendments

F310Words in s. 37(1)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C31Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

C32S. 37(6) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(2)(a).

[F32337ARegister for purposes of Part II.S

(1)[F324Scottish Water] shall maintain a register for the purposes of this Part of this Act.

(2)[F325Scottish Water] shall enter in the register—

(a)such particulars as may be prescribed—

(i)of any consent, affecting [F326its] area and for the time being extant, given (whether before or after the coming into force of this section) under this Part of this Act; and

(ii)of any agreement, affecting [F326its] area and for the time being extant, entered into (whether before or after the coming into force of this section) under section 37 of this Act; and

(b)such particulars of other matters relative to [F326its] functions under this Part of this Act as may be prescribed.

(3)It shall be the duty of [F327Scottish Water]—

(a)to secure that the register maintained by [F328it] in pursuance of subsection (1) above is, after such date as may be prescribed, open to inspection by the public free of charge at all reasonable hours; and

(b)to afford members of the public reasonable facilities for obtaining from [F328it], on payment of reasonable charges, copies of entries in the register.

(4) In subsections (2) and (3) above, “ prescribed ” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

(5)An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F323S. 37A and sidenote inserted (30.6.1999) by 1994 c. 39, s. 103 (with s. 74(4)); S,.I. 1998/2532, art. 2

F324Words in s. 37A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F325Words in s. 37A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F327Words in s. 37A(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

[F329 37B Exclusion from register of information affecting national security.S

(1)No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security.

(2)The Secretary of State may, for the purposes of subsection (1) above, give to [F330Scottish Water] directions—

(a)specifying information, or descriptions of information, to be excluded from the register; or

(b)specifying descriptions of information to be referred to him for his determination;

and no information referred to him in pursuance of paragraph (b) above shall be included in the register until he determines that it should be so included.

(3)[F331Scottish Water] shall notify the Secretary of State of any information [F332it excludes] from the register in pursuance of directions under subsection (2) above.

(4)A person may, as respects any information which (but for this section) might be included in the register but which he believes may be information whose inclusion would be contrary to the interests of national security, by notice so inform the Secretary of State, specifying the information and indicating its apparent nature; and if the person does so—

(a)he shall advise [F333Scottish Water] that he has given such notice; and

(b)no information in respect of which such advice has been given shall be included in the register until the Secretary of State has determined that it should be so included.]

Textual Amendments

F329S. 37B and sidenote inserted (30.6.1999) by 1994 c. 39, s. 103 (with s. 74(4)); S.I. 1998/2532, art. 2

Modifications etc. (not altering text)

C33S. 37B: Certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

[F33437C Exclusion from register of commercially confidential informationS

(1)Despite subsection (2) of section 37A of this Act, Scottish Water shall not enter in the register maintained under that section information relating to the affairs of any individual or business if—

(a)it determines, on the application of the person providing the information, that it is commercially confidential (as regards that or any other person), and

(b)the information is not information which is required to be entered in the register in pursuance of a direction under subsection (4) below.

(2)If, on an application under subsection (1) above, Scottish Water fails to make a determination within the period of 21 days beginning with the date of the application, it shall be treated as having determined that the information is commercially confidential.

(3)Where, on an application under subsection (1) above, Scottish Water determines that information is not commercially confidential, the information shall not be entered on the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned.

(4)The Scottish Ministers may give Scottish Water directions as to specified information, or descriptions of information, which the public interest requires to be included in the register regardless of whether the information is commercially confidential.

(5)Information excluded from the register by virtue of subsection (1) above shall be treated as ceasing to be commercially confidential for the purposes of this section on the expiry of the period of 4 years beginning with the date of the determination by virtue of which it was excluded unless Scottish Water determines, on the application of the person who provided the information, that it is still commercially confidential.

(6)Subsection (2) above applies in relation to an application under subsection (5) above as it applies in relation to an application under subsection (1) above.

(7)The Scottish Ministers may, by order made by statutory instrument, substitute (whether in all cases or in such descriptions of case as the order may specify) for the period for the time being specified in subsection (2) above such other period as they consider appropriate.

(8)A statutory instrument containing an order under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(9)Information is, for the purposes of any determination under this section, commercially confidential, in relation to any person, if its inclusion in the register would prejudice to an unreasonable degree the commercial interests of that person.]

Textual Amendments

SupplementaryS

38 Power to extend Part II to other effluents.S

(1)The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply in relation to liquid or other matter of any description specified in the order which is discharged from any premises into the sewers or sewage treatment works of [F335Scottish Water] as they apply in relation to trade effluent, but subject to such modifications, if any, as may be specified in the order, and in particular subject to any modification of the definition of trade premises in this Act which may be so specified.

(2)An order under this section may designate particular premises in the area of [F336Scottish Water], or may be made to apply to premises throughout the area, or to premises in any part of the area specified in the order.

(3)Before making an order under this section, the Secretary of State shall consult [F337the Scottish Environment Protection Agency [F338, Scottish Water and such]]. . . trade organisations and other persons as the Secretary of State considers may have an interest in the order, and, where, in pursuance of subsection (2) above, the order designates particular premises, shall consult the owner and occupier thereof.

(4)The Secretary of State may include in an order under this section such provisions as appear to him expedient for modifying any enactment relating to sewage as that enactment applies in relation to the discharge into sewers of any liquid or other matter to which any provisions of this Part of this Act are applied by an order under this section.

(5)The Secretary of State may include in an order under this section such transitional, supplemental and incidental provisions as appear to him to be expedient.

(6)The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

F337Words in s. 38(3) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 12(1)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C34Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

[F1PART IIASPrivate sewage treatment works

38AApplication of PartS

(1)This Part applies to any private sewage treatment works if the discharge of their contents is subject to an authorisation under the Controlled Activities Regulations.

(2)In this Part, “private works” means private sewage treatment works to which this Part applies.

38BOther rulesS

(1)This Part prevails over any rule of law or real burden—

(a)requiring the agreement, of any owner of common property, to the carrying out of maintenance of the property, or

(b)concerning the recovery, by any owner of common property from another owner of the property, of the cost of such maintenance,

so far as the rule or burden is applicable in connection with measures of the kind to which section 38C(2) relates.

(2)In subsection (1), “real burden” is to be construed in accordance with the Title Conditions (Scotland) Act 2003.

38CCommon maintenanceS

(1)Subsection (2) applies where two or more persons own any private works in common.

(2)Any of the persons may take (or cause to be taken) any measures that the person considers necessary for ensuring that the works are properly maintained so that they comply with any applicable conditions under the Controlled Activities Regulations.

(3)Subsection (2) is subject to section 38D.

(4)In subsection (2), the reference to being properly maintained includes being emptied as required from time to time.

38DNotice and effectS

(1)Before taking (or causing to be taken) any measures under section 38C(2), a person must serve on each of the other owners a notice—

(a)giving the person's name and address,

(b)specifying the private works in question,

(c)in addition to describing the measures to be taken, stating—

(i)why the measures are to be taken,

(ii)when the measures are to be taken,

(d)containing—

(i)an estimate of the cost of the measures,

(ii)a note showing the proportion of that cost for which each owner would be liable (along with their names and addresses),

(e)directing the reader to this Part.

(2)The measures described in the notice may be taken under section 38C(2) at any time after the end of the period of 28 days beginning with the day on which it is duly served (or, if it is so served on different days, the last of those days).

(3)Unless the notice has expired, the measures may be so taken—

(a)with or without the agreement of any or all of the other owners,

(b)subject to any review or appeal under section 38E.

(4)The notice expires—

(a)at the end of the period of 12 months beginning with the day on which it is duly served, or

(b)if it is extended in any review or appeal under section 38E, at the end of the period of extension.

(5)A notice under subsection (1) may be served by two or more persons acting together.

38EReview of noticeS

(1)A person on whom a notice is served under section 38D(1) may apply to the sheriff for a review of the notice, if aggrieved by the serving of the notice or its terms.

(2)An application under subsection (1) must be made—

(a)by way of summary application,

(b)within the period of 28 days beginning with the day on which the notice is duly served.

(3)In the application, the sheriff may—

(a)uphold, vary or quash the notice,

(b)make any further order necessary.

(4)The sheriff's decision in the application may be appealed to the sheriff principal, but only on a point of law.

(5)The sheriff principal's determination of the review is final.

(6)An application under subsection (1) may be—

(a)made by two or more persons acting together,

(b)heard by the sheriff along with another such application relating to the same notice.

38FRecovery of costS

(1)Where measures have been taken under section 38C(2)—

(a)each of the owners of the private works is liable for a proportion of the actual cost of taking them, and

(b)any of those owners is entitled to recover from any of the other owners the proportion of that cost for which the other owner is liable.

(2)Subsection (1) is subject to subsections (3) to (8).

(3)The proportion of the cost mentioned in subsection (1)(a) for which each owner is liable is the equivalent to the owner's pro indiviso share of the ownership of the private works.

(4)Liability accrues to an owner under subsection (1)(a) only when there has been duly served—

(a)a notice under section 38D(1) relating to the measures, and

(b)a notice under subsection (5) relating to the measures.

(5)Before exercising the entitlement to make recovery under subsection (1)(b), an owner must serve on each of the other owners a notice containing—

(a)a statement of the cost mentioned in subsection (1)(a),

(b)a note confirming the proportion of that cost for which each owner is liable in accordance with subsection (3) (along with their names and addresses).

(6)The entitlement of an owner to make recovery under subsection (1)(b) is not—

(a)established unless the owner has—

(i)incurred the cost mentioned in subsection (1)(a), and

(ii)duly served a notice under subsection (5),

(b)exercisable until after the end of the period of 30 days beginning with the day on which the notice under subsection (5) is duly served (or, if it is so served on different days, the last of those days).

(7)A notice under subsection (5) is valid only if it is accompanied by an invoice or other clear evidence of the cost mentioned in subsection (1)(a).

(8)Section 38E applies in relation to a notice under subsection (5) as it does in relation to one under section 38D(1), except that in relation to a notice under subsection (5) a review under section 38E is competent only if the actual cost of the measures grossly exceeds the estimate of the cost of them contained in the notice under section 38D(1).

38GLiability of ownerS

(1)Subsection (2) applies to a person who is liable under section 38F(1)(a).

(2)The person does not stop being so liable merely because the person ceases to be an owner of the private works.

(3)Subsection (4) applies to a person who is entitled to make recovery under section 38F(1)(b).

(4)The person does not stop being so entitled merely because the person ceases to be an owner of the private works.

38HControlled Activities RegulationsS

(1)In this Part—

(a)“the Controlled Activities Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209),

(b)a reference to an authorisation under the Controlled Activities Regulations is to an authorisation as defined by regulation 2 of those Regulations,

(c)a reference to any conditions under the Controlled Activities Regulations is to any conditions of an authorisation under those Regulations.

(2)The Scottish Ministers may by regulations modify—

(a)subsection (1),

(b)sections 38A(1) and 38C(2).

(3)Regulations may be made under subsection (2) only if the Scottish Ministers consider them to be necessary or expedient in consequence of any revocation or amendment of—

(a)the Controlled Activities Regulations, or

(b)any subsequent regulations made under section 20 of the Water Environment and Water Services (Scotland) Act 2003.

(4)Regulations under subsection (2) are subject to the negative procedure.]

Part IIIS Miscellaneous and General

39 Local authority to have right to sewage.S

[F339Scottish Water] shall have right to all sewage discharged into [F340its] sewers [F341 , SUD systems ] or sewage treatment works and to the contents of any septic tank emptied by [F342it] under section 10(1) above and may process, sell or otherwise dispose of such sewage or contents.

Textual Amendments

F34340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

41 Breaking open of streets, etc.S

Subject to the provisions of the [F344Part IV of the New Roads and Street Works Act 1991], [F345Scottish Water or any] other person may, for the purpose of taking any action or executing work authorised or required by this Act in relation to sewers [F346 , SUD systems ], drains or sewage treatment works, break open [F347any road, any bridge carrying a road,] and any cellar [F348, vault, sewer, drain or tunnel in or under a road], and may remove and use the soil or other materials in or under any such [F349road]:

Provided that [F350Scottish Water or, as the case may be, that person] shall, in the exercise of the powers conferred by this section, cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by the sheriff summarily, whose decision in the matter shall be final.

Textual Amendments

Modifications etc. (not altering text)

C35S. 41 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

42 Execution of works by local authorities for other persons.S

(1)Where by virtue of this Act or anything done thereunder a person is authorised or required to carry out any works, [F351Scottish Water] may carry out those works at the request of that person and may recover from him [F352its] reasonable expenses for so doing.

(2)In carrying out such works [F353Scottish Water] shall have all the rights and powers which the person who made the request as aforesaid would have in relation thereto.

Textual Amendments

43 Power to require occupier to permit works to be executed by owner.S

If on a complaint by the owner of any premises it appears to the sheriff that the occupier of those premises prevents the owner from executing any work which he is required or authorised to execute by or under this Act, the sheriff may authorise the owner to enter the premises for the purpose of executing the work.

44 Power of local authorities to require information as to ownership etc. of premises.S

[F354Scottish Water] may, for the purpose of enabling [F355it] to perform any of [F356its] functions under this Act, require the occupier or owner of any premises to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner, tenant, heritable creditor or otherwise, and any person who having been required by a local authority in pursuance of this section to give [F355it] any information fails to give [F355it] that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F357level 3 on the standard scale].

Textual Amendments

F357Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 6 para. 41 and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 44 shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 3 on the standard scale instead of a fine not exceeding £20

45 Production of plans and furnishing of information to authorities.S

(1)The owner or occupier of any land on or under which is situated any sewer [F358 , SUD system ] or drain used or intended to be used for discharging any sewage into a sewer [F358 , SUD system ] or sewage treatment works of [F359Scottish Water] shall, when requested in writing so to do by [F360Scottish Water]—

(a)produce to [F360Scottish Water] all such plans of the sewer [F361 , system ]or drain as the owner or occupier, as the case may be, possesses or is able without unreasonable expense to obtain, and allow copies of the plans so produced by him to be made by, or under the direction of, [F360Scottish Water], and

(b)furnish to [F360Scottish Water] all such information as the owner or occupier, as the case may be, can reasonably be expected to supply with respect to the sewer [F361 , system ] or drain and any sewage discharged therefrom.

(2)A person who fails to comply with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F362level 3 on the standard scale].

Textual Amendments

46 Certain matter not to be passed into drains.S

(1)Without prejudice to the provisions of Part II of this Act, no person shall pass or permit to be passed into, or into a drain connecting with, a public sewer [F363 , public SUD system ] or public sewage treatment works any matter or substance which, either alone or in combination with any matter or substance with which it is likely to come into contact while passing through any sewer [F364 , SUD system ] or works, is likely to injure the sewer [F364 , SUD system ] or works, or to interfere with the free flow of their contents, or to affect prejudicially the treatment or disposal of their contents or to be prejudicial to health:

Provided that it shall be a defence for any person charged with an offence under this section if he proves that at the time he so passed or permitted to be passed the matter or substance concerned he did not know, and could not reasonably be expected to know, that it would be likely to have the aforementioned effects.

(2)A person who contravenes any of the provisions of this section shall be guilty of an offence and liable on summary conviction to [F365imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both)] [F366and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment].

[F367(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.]

Textual Amendments

[F36846AOffence as to fat, oil or greaseS

(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).

Textual Amendments

46BDamage caused by fat, oil or greaseS

(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.]

Textual Amendments

F36947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

48 Powers of entry.S

(1)Subject to the provisions of this section, [F370any person duly authorised by [F371Scottish Water](whether or not an employee of [F372Scottish Water] and whether such authorisation is special or general)] shall, on producing if so required some duly authenticated document showing his authority, have a right to enter any land or premises at all reasonable hours for the purpose of—

(a)surveying land or boring or carrying out other works in order to ascertain the suitability of the land for the laying of a sewer or the construction of [F373 a SUD system or ] other works under this Act;

(b)ascertaining whether there is or has been on or in connection with the land or premises any contravention of the provisions of this Act or of any conditions imposed thereunder;

(c)ascertaining whether or not circumstances exist which would authorise [F372Scottish Water] to take any action or execute any work under this Act;

(d)taking any action or executing any work authorised or required by this Act to be taken or executed by [F372Scottish Water][F374or which may be authorised by [F375it] under section 3A of this Act];

[F376(dd) inspecting, maintaining, repairing, cleansing, emptying, ventilating or renewing any sewer [F377 or SUD system ] which is not a public sewer [F378 or public SUD system ] but forms part of any such system as is mentioned in [F379 section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ] ; ]

(e)inspecting any records and other documents and apparatus which [F372Scottish Water] may reasonably require to inspect for the purpose of exercising any of [F380its] functions under this Act;

(f)[F381monitoring, inspecting, testing or] taking away for analysis samples of sewage or any other matter or substance which is passing from the premises into [F382—

(i) public sewers [F383 , public SUD systems ] or public sewage treatment works; or

(ii) sewers [F384 , SUD systems ] or sewage treatment works not vested in [F371 Scottish Water ] but forming (or forming part of) any such system as is mentioned in the said [F385 section 46(1)(b)(ii) ] . ]

[F386(g)installing or maintaining any monitoring, testing or sampling equipment for use on the premises,

(h)investigating the source of any matter or substance (other than sewage) which is passing from the premises into—

(i)public sewers, public SUD systems or public sewage treatment works; or

(ii)sewers, SUD systems or sewage treatment works not vested in Scottish Water but forming (or forming part of) any such system as is mentioned in the said section 46(1)(b)(ii).]

(2)Entry to land or premises not being a factory within the meaning of the M6Factories Act 1961, or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless at least 24 hours notice of the intended entry has been given to the occupier.

(3)Before [F387entry is made] upon land or premises for any of the purposes mentioned in subsection (1)(a) above the [F388the authorised person, or [F389Scottish Water] on his behalf,] shall serve notice of the intended entry upon the owner and occupier, who within 14 days of the receipt of the notice may make representations to the Secretary of State, who, having considered any such representations, may authorise the entry either unconditionally or subject to such conditions as he thinks fit, or refuse to authorise it.

Every notice under this subsection shall inform the owner and occupier of their right to make representations to the Secretary of State.

(4)A person carrying out an inspection of documents under subsection (1)(e) above shall have a right to take copies or extracts from the documents.

(5)Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering the land or premises on a subsequent occasion in connection with that purpose.

(6)If it is shown to the satisfaction of the sheriff, or a magistrate or justice of the peace having jurisdiction in the place where the land or premises are situated, on a sworn information in writing—

(a)that admission to land or premises which any person is entitled to enter by virtue of this section has been refused to that person, or that refusal is apprehended, or that the land or premises are unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, or that the application for admission would defeat the object of the entry, and

(b)that there are reasonable grounds for entry to the land or premises for any purpose for which the right of entry is exercisable

the sheriff, magistrate or justice may by warrant under his hand authorise that person to enter the land or premises if need be by force.

(7)Any person entitled to enter any land or premises, by virtue of a right of entry or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied land or premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(8)Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(9)A person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this section or by a warrant issued thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F390level 3 on the standard scale] and to a further fine not exceeding £5 for each day on which the offence continues after conviction therefor.

(10)Where work has been carried out on land in pursuance of this section the [F391person who carried it out] shall, as soon as possible, reinstate the land.

Textual Amendments

F370Words in s. 48(1) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F374Words in s. 48(1)(d) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F379Words in s. 48(1)(dd) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 39(b) (with s. 67); S.S.I. 2002/118, art. 2

F382Paras. (i)(ii) substituted for words in s. 48(1)(f) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F385Words in s. 48(1)(f)(ii) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 39(d) (with s. 67); S.S.I. 2002/118, art. 2

F387Words in s. 48(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(b)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F388Words in s. 48(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(b)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F390Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 6 para. 42 and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 48(9) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale and £5 per day which the offence continues instead of a fine not exceeding £20

F391Words in s. 48(10) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(c); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

C36S. 48: power to modify conferred (temp. from 4.1.995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

Marginal Citations

F39249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F392S. 49 repealed (1.4.1996) by 1995 c. 25, ss. 111(1)(b), 120(3), Sch. 24. (with ss 7(6), 115, 117); S.I. 1996/186, art. 3(viii)

50 Restriction on disclosure of information.S

(1)If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted to any land or premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be guilty of an offence under this section.

(2)If any person discloses any information which has been furnished to him under this Act, he shall be guilty of an offence under this section, unless the disclosure is made—

(a)with the consent of the person by whom the information was furnished; or

[F393(aa)in prescribed circumstances or for prescribed purposes; or]

(b)in connection with the execution of this Act; or

(c)for the purposes of any proceedings arising out of this Act, or of any criminal proceedings whether so arising or not, or for the purpose of any report of any such proceedings.

(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding [F394level 5 on the standard scale].

[F395(4) In paragraph (aa) of subsection (2) above, “ prescribed ” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

(5)An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the M7 regulations). ]

Textual Amendments

F393S. 50(2)(aa) inserted (4.1.1995) by 1994 c. 39, s. 104(a) (with s. 74(4)); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F394Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 6 para. 43 and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 50(3) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding £100

F395S. 50(4)(5)(6) added (4.1.1995) by 1994 c. 39, s. 104(b) (with s. 74(4)); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Marginal Citations

51 Procedure on appeals to Secretary of State.S

(1)Any appeal to the Secretary of State under this Act shall be made, unless the parties to the appeal otherwise agree, within 28 days of the decision against which the appeal is made.

(2)At the same time as an appellant makes any such appeal under this Act he shall serve a copy of the appeal on [F396Scottish Water] .

(3)Before disposing of any such appeal the Secretary of State may afford to the appellant and [F397Scottish Water] an opportunity of appearing before and being heard by a person appointed in that behalf by the Secretary of State.

(4)The decision of the Secretary of State on any such appeal shall be deemed to be the decision of [F396Scottish Water] from whom the appeal is made.

(5)The decision of the Secretary of State on any such appeal shall be final, but at any stage of the proceedings on the appeal he may, and if so directed by the Court of Session shall, state a case for the opinion of the Court on any question of law arising in those proceedings.

(6)Pending a decision on any appeal to the Secretary of State under Part II of this Act a discharge of trade effluent being made may continue to be made in accordance with the conditions then applying.

[F398(7)The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal.

(8)The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F396Words in s. 51(2)(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F39952. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

53 Notices etc. to be in writing.S

All notices, directions, decisions, applications, appeals and agreements given or made under this Act by [F400Scottish Water], or an owner, occupier or prospective occupier of premises, and other documents which are given, made, served, authorised or required under this Act shall be in writing.

Textual Amendments

54 Local enactments.S

(1)Subject to subsection (2) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any order made thereunder, the provision of this Act, or, as the case may be, of that order, shall have effect in substitution for the local enactment, which shall cease to have effect.

(2)The Secretary of State may by order except from the operation of the foregoing subsection such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any order made thereunder as may be so specified shall not have effect in the areas in which the specified local enactments have effect.

(3)If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (1) above, is inconsistent with any provision of this Act or of any order made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any order made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.

(4)Any order made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

55 Application of Act to Crown premises.S

(1)The provisions of this section shall apply in relation to any premises belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.

(2)The appropriate authority in relation to any premises and [F401Scottish Water] may agree that any provisions of this Act specified in the agreement shall apply to those premises and, while the agreement is in force, those provisions shall apply to the premises accordingly, subject however to the terms of the agreement.

(3)Any such agreement as aforesaid may contain such consequential and incidental provisions, including, with the approval of the Treasury, provisions of a financial character, as appear to the appropriate authority to be necessary or equitable, but agreements made by the Crown Estate Commissioners [F402or the Scottish Ministers]. . . shall not require such approval.

(4)In this section “the appropriate authority” means—

(a)in the case of premises belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the premises in question; and

(b)in the case of premises belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and, if any question arises as to what authority is the appropriate authority in relation to any premises, that question shall be referred to the Treasury, whose decision shall be final.

Textual Amendments

F402Words in s. 55(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 47 (with art. 5); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C37S. 55(4): certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

56 Saving for Coast Protection Act 1949.S

Nothing in this Act shall affect the application to any operation of sections 34 to 36 of the M8Coast Protection Act 1949 (restriction of works detrimental to navigation).

Marginal Citations

57 Expenses.S

There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other Act.

58 Orders.S

Any power conferred on the Secretary of State by this Act to make an order shall include power, exercisable in like manner and subject to the same conditions, to vary or revoke the order by a subsequent order.

59 Interpretation.S

F403(1)In this Act, unless the context otherwise requires—

  • “appointed day” means such day as the Secretary of State may by order made by statutory instrument appoint;

  • [F404 “ area ”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39); ]

  • F404. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F406. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “domestic sewage” in relation to any area or premises means sewage which is not surface water or trade effluent;

  • “drain” in relation to premises, means any pipe or drain within the curtilage of those premises used solely for or in connection with the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

  • “foul water” means any water contaminated by domestic sewage or trade effluent;

  • “function” includes power and duty;

  • F407. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “land” includes land covered with water and any interest or right in or over land;

  • “local authority” means a [F408regional or islands] council;

  • “local enactment” means any local Act of Parliament or any provision in any such Act;

  • “occupier” means the person in occupation or having the charge, management or control of premises, either on his own account or as the agent of another person;

  • “owner” means the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted;

  • “private sewage treatment works” means sewage treatment works which are not vested in [F409Scottish Water];

  • “private sewer” means any sewer which is not a public sewer;

  • [F403 “ private SUD system ” means any SUD system which is not a public SUD system; ]

  • “public drain” means any drain which is vested in a local authority [F410or [F409Scottish Water]];

  • “public sewage treatment works” means sewage treatment works which are vested in [F409Scottish Water];

  • “public sewer” means any sewer which is vested in [F409Scottish Water];

  • [F403 “ public SUD system ” means any SUD system which is vested in Scottish Water; ]

  • F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F412 “ road ” has the same meaning as in [F413 Part IV of the New Roads and Street Works Act 1991 ] ; ]

  • [F403 “ road water ” means the run-off of rainwater from any road for the time being entered in a list of public roads kept by a local roads authority under section 1(1) of the Roads (Scotland) Act 1984; ]

  • “sewage” includes domestic sewage, surface water and trade effluent;

  • “sewage treatment works” means any works, apparatus or plant used for the treatment or disposal of sewage, and includes a septic tank [F414but does not include a SUD system ];

  • “sewer” does not include a drain as defined in this section, but, save as aforesaid, includes all sewers, pipes or drains used for the drainage of buildings and yards appurtenant to buildings;

  • F415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “surface water” means the run-off of rainwater from roofs and any paved ground surface within the curtilage of premises;

  • [F403 “ SUD system ” means a sustainable urban drainage system; ]

  • [F403 “ sustainable urban drainage system ” means a drainage system which—

    (a)

    facilitates attenuation, settlement or treatment of surface water from 2 or more premises (whether or not together with road water), and

    (b)

    includes one or more of the following: inlet structures, outlet structures, swales, constructed wetlands, ponds, filter trenches, attenuation tanks and detention basins (together with any associated pipes and equipment);]

  • “trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, including trade waste waters or waters heated in the course of any trade or industry and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises;

  • “trade or industry” for the purpose of the definition of “trade effluent” shall include agriculture, horticulture and scientific research or experiment [F418the carrying on of a hospital and the provision of a care home service], and for the purpose of the definition of “trade premises” shall include premises used or intended to be used in whole or in part for carrying on agriculture, horticulture or scientific research or experiment, or as a hospital or a [F419as accomodation provided by a care home service];

  • “trade premises” means any premises used or intended to be used for carrying on any trade or industry.

  • F420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Unless the context otherwise requires any reference in this Act to a drain or to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumping stations, storm water overflow pipes, outfall pipes or other accessories belonging to a drain or sewer, and any reference in this Act to sewage treatment works shall be construed as including a reference to accommodation used in connection therewith, the machinery and equipment of those works and any necessary pumping stations.

(3)Any reference in this Act to the construction of a sewer [F421 , SUD system] or sewage treatment works shall be construed as including a reference to the extension of an existing sewer [F421 , SUD system]or of existing works.

[F422(3A)In the definition of “trade or industry” in subsection (1) above, the references to a “care home service” shall be construed in accordance with [F423paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8).]

(4)Unless the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment, including this Act.

Textual Amendments

F403Words in s. 59(1) inserted (6.3.2006 for specified purposes, 30.11.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 33(1), 38(1) (with s. 35(2)); S.S.I. 2006/55, art. 2(c); S.S.I. 2007/512, art. 2(a)

F404S. 59(1): definition of "area" substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 41(a) (with s. 67); S.S.I. 2002/118, art. 2

F405Definitions of

“authorised officer”

and

“local authority”

in s. 59(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(28)(b), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F407Definitions of “general rate” and “regional rate” repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

F409S. 59(1): words in definitions of "private sewage treatment works", "public drain", "public sewage treatment works" and "public sewer" substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 41(b) (with s. 67); S.S.I. 2002/118, art. 2

F410Words in definition of

“public drain”

in s. 59(1) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(28)(d); S.I. 1996/323, art. 4(1)(b)(c)

F411Definition of

“river purification authority”

in s. 59(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 12(1)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(viii)

F415S. 59(1): definition of "sewerage authority" repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 41(c) (with s. 67); S.S.I. 2002/118, art. 2

F418S. 59(1): words in definition of "trade or industry" substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 3(a)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F419S. 59(1): words in definition of "trade or industry" substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 3(a)(ii); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F420Definition of

“trunk road”

in s. 59(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(28)(g), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F422S. 59(3A) inserted (27.3.2002) by 2001 asp 8, s. 79, Sch. 3 para. 3(b); S.S.I 2002/162, {art. 2(h)} (subject to arts. 3-13)

Modifications etc. (not altering text)

C38References to medical officer of health, surveyor, and sanitary inspector to be construed as references to the proper officer of a local authority; Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2

60 Amendments and repeals.S

(1)The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2)The enactments described in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule, and so much of that Schedule as relates to the M9Local Government (Scotland) Act 1947 (so far as relating to the operation and dissolution of special drainage districts) shall come into force on the appointed day.

Modifications etc. (not altering text)

C39The text of s. 60(1)(2), Sch. 1 paras. 2—4, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

61 Short title, extent and commencement.S

(1)This Act may be cited as the Sewerage (Scotland) Act 1968 and shall extend to Scotland only.

(2)This Act, except this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and different dates may be appointed under this subsection for different provisions of this Act or for different purposes.

(3)Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the date when that provision comes into force.

Modifications etc. (not altering text)

C40Power of appointment conferred by s. 61(2) fully exercised: S.I. 1972/363

Section 60(1).

SCHEDULE 1S CONSEQUENTIAL AMENDMENTS

The M10Public Health (Scotland) Act 1897S

Marginal Citations

1S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F424

Textual Amendments

F4252S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C41F425...

The M11Local Government (Scotland) Act 1947S

Marginal Citations

3SIn Schedule 6, item 11, for the words “Section 139 of the Public Health (Scotland) Act 1897” there shall be substituted the words “The Sewerage (Scotland) Act 1968”.

Modifications etc. (not altering text)

C42The text of s. 60(1)(2), Sch. 1 paras. 2—4, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M12Radioactive Substances Act 1960S

Marginal Citations

F4264S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F426Sch. 1 para. 4 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch.6 Pt. 1 (with s. 46).

Section 60(2).

SCHEDULE 2S ENACTMENTS REPEALED

Modifications etc. (not altering text)

C43The text of s. 60(1)(2), Sch. 1 paras. 2—4, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chap terShort TitleExtent of Repeal
39 & 40 Vict. c. 75The Rivers Pollution Prevention Act 1876.The whole Act
55 & 56 Vict. c. 55.The Burgh Police (Scotland) Act 1892.In section 107, the word “sewers”.
In section 111, the words “and for cleansing the sewers and drains”.
Sections 214 to 222, 224, 225 and 227.
In section 228, the words “ No building shall be erected over any sewer belonging to the commissioners”, the words “ and so as not to interfere or communicate with any sewers belonging to the commissioners”, the words “any building be erected”, and the words “erecting such building”.
Sections 229 to 232.
In section 233, the words from “guilty of” to “besides being”.
Sections 234 to 237 and section 242.
In section 243 the words “drain or” wherever they occur, and the words from “and all branch drains”onwards.
In section 250, the words “and with power to make such drain if none such already exist”, the words from “the sanction” to “street; and”, the words “with the expense of restoring the street, so far as interfered with”, and the words from “with such” to “may fix”.
In section 329, the words from “the special” to “sewers”, the words “rate or”, and the word “rate”.
In sections 330 and 331, the word “rate”.
In section 332, the word “rate” where first occurring.
Sections 361, 362 and 364.
In section 366, the words “special sewer rate, general sewer rate, and”.
In section 367, the words “rates or” wherever they occur.
In section 368, the words “special sewer rate, general sewer rate, and”, the words “rates and”, and the words “rated or” wherever they occur.
In section 369, the words “rates or” wherever they occur.
Schedule VI so far as it relates to general sewer rate and special sewer rate.
F427. . .F427. . .F427. . .
In section 116, the words from “or to use” onwards.
Sections 117, 119, 120, 122 and 139.
1 Edw. 7. c. 24.The Burgh Sewerage, Drainage and Water Supply (Scotland) Act 1901.The whole Act.
3 Edw. 7. c. 33.The Burgh Police (Scotland) Act 1903.Section 25.
In section 98(6), the words “sewers, drains”.
10 & 11 Geo. 6. c. 43.The Local Government (Scotland) Act 1947.Part VII, so far as relating to the formation,operation and dissolution of special drainage districts.
Section 225(1) so far as relating to the special district sewer rate.
8 & 9 Eliz. 2. c. 34.The Radioactive Substances Act 1960.In Part II of Schedule 1, paragraph 10, in paragraph 11 the reference to section 222, and in paragraph 13 the reference to section 120.

Textual Amendments

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