Sewerage (Scotland) Act 1968

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 or sewer in respect of which notice has been given to [F1 a sewerage] authority by virtue of section 12(3) above or that subsection as applied by section 13 above, or sewage treatment works in respect of which notice has been given under subsection (2) below, the authority may, if they consider that the proposed drain, sewer or works is, or is likely to be, needed to form part of a general sewerage system which they have provided or propose to provide, within 28 days of the receipt by them of the notice direct him to construct the drain, sewer or works in a manner differing from that in which he proposes to construct the drain, sewer 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 the [F2 sewerage] authority within whose area the works are to be situated.

(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 the [F2 sewerage] authority who issued it so as to enable them to supervise the execution of the work and shall afford them all reasonable facilities for so doing.

(5) An authority who issue a direction under subsection (1) above shall pay to the person constructing the drain, sewer or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewer or works become vested in the authority, they 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 or works as may be attributable to their 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 a [F2 sewerage] authority to construct a drain, sewer 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 [F3 level 4 on the standard scale].

Textual Amendments

F1 Word in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(11)(a); S.I. 1996/323, art. 4(1)(b)(c)

F2 Words in s. 14(2)(4)(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(11)(b); S.I. 1996/323, art. 4(1)(b)(c)

F3 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G