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Sewerage (Scotland) Act 1968
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Sewerage (Scotland) Act 1968, Section 17 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A(3) inserted by 2003 asp 3 s. 30(1)
- s. 8(1A) inserted by 2003 asp 3 s. 30(2)(a)
- s. 12(2A) inserted by 2003 asp 3 s. 30(3)
- s. 14A-14C inserted by 2003 asp 3 s. 30(4)
- s. 16A(3) inserted by 2003 asp 3 s. 30(5)
- s. 29A(3)(b) (c) substituted for s. 29A(3)(b) by 2014 asp 3 sch. 3 para. 1(2)(b)
17 Local authority may take over private sewage treatment works.S
(1)Subject to the provisions of this section, [F1Scottish Water] may, by agreement with the owner of [F2any private sewage treatment works[F3 or private SUD system ]], or failing such agreement, in pursuance of proposals made by [F4it] under subsection (2) below, take over the works [F5or system ].
(2)[F6Scottish Water] may, by notice served on the owner of works [F7or a SUD system ] as mentioned in the foregoing subsection, intimate [F8its] proposals to take over the works [F9or system] within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if [F10it thinks] fit conditions as to payment of compensation by [F11it], as may be so specified F12... ; 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 [F13Scottish Water] and any conditions so specified either with or without modification or refuse to confirm them.
(4)All works [F14and any SUD system ] taken over by [F15Scottish Water] under this section shall vest in [F16it] 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 [F17or a SUD system ] under this section was lawfully entitled to use them [F18or it] shall continue to be so entitled after they have[F19or 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 [F20or a SUD system ].
Textual Amendments
F1Words in s. 17(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(a)(i) (with s. 67); S.S.I. 2002/118, art. 2
F2Words in s. 17(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F3Words in s. 17(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(a)(i); S.S.I. 2007/512, art. 2(c)
F4Words in s. 17(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F5Words in s. 17(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(a)(ii); S.S.I. 2007/512, art. 2(c)
F6Words in s. 17(2) 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
F7Words in s. 17(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(b)(i); S.S.I. 2007/512, art. 2(c)
F8Words in s. 17(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(b)(i) (with s. 67); S.S.I. 2002/118, art. 2
F9Words in s. 17(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(b)(ii); S.S.I. 2007/512, art. 2(c)
F10Words in s. 17(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F11Words in s. 17(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F12Words in s. 17(2) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2
F13Words in s. 17(3) 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
F14Words in s. 17(4) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(c); S.S.I. 2007/512, art. 2(c)
F15Words in s. 17(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
F16Words in s. 17(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 22(c) (with s. 67); S.S.I. 2002/118, art. 2
F17Words in s. 17(5) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(d)(i); S.S.I. 2007/512, art. 2(c)
F18Words in s. 17(5) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(d)(ii); S.S.I. 2007/512, art. 2(c)
F19Words in s. 17(5) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(d)(iii); S.S.I. 2007/512, art. 2(c)
F20Words in s. 17(6) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 15(e); S.S.I. 2007/512, art. 2(c)
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