Sewerage (Scotland) Act 1968

37 Agreements as respects trade premises. S

(1) A [F1 sewerage] authority may enter into an agreement with the owner or occupier of any trade premises within their area for the reception, treatment or disposal by the authority 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 a [F1 sewerage] authority propose to enter into an agreement under this section with an occupier who is not also the owner of trade premises, the authority 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 the [F1 sewerage] authority and such an occupier as is mentioned in subsection (3) above enter into an agreement under this section, the authority 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 the authority of such works as may be required for the reception, treatment or disposal of trade effluent;

(b) the removal and disposal by the authority 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 the authority in carrying out their 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 the [F1 sewerage] authority nor may the making of such a discharge be reviewed by the direction of the authority; 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, the authority 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

F1 Words in s. 37(1)(3)(4)(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(15); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C1 Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

C2 S. 37(6) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(2)(a).