Sewerage (Scotland) Act 1968

Part I S General Provisions as to Sewerage

Duties and powers of local authorities S

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 [F1 each of the sewerage authorities] to provide such public sewers as may be necessary for effectually draining their 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 their sewers.

[F2 (2) Without prejudice to the generality of subsection (1) above—

(a) a sewerage authority shall, subject to paragraph (b) below, take their 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 the sewerage authority 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 a [F3 sewerage] authority to do anything which is not practicable at a reasonable cost.

(4) If any question arises under this section as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which [F4 a 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 Secretary of State, if requested to do so by any person aggrieved, shall, after consultation with that person and with the [F5 sewerage authority, or as the case may be private provider, concerned], determine that question, and the [F6 authority or private provider] shall give effect to his determination.

[F7 (5) The Secretary of State may by regulations make provision as respects the procedure to be followed as respects a request under subsection (4) above.

(6) The power to make regulations under subsection (5) 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

F1 Words in s. 1(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(a); S.I. 1996/323, art. 4(1)(b)(c)

F2 S. 1(2) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(b); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F3 Word in s. 1(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(c); S.I. 1996/323, art. 4(1)(b)(c)

F4 Words 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)

F5 Words 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)

F6 Words 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)

F7 S. 1(5)(6) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(e); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

C1 S. 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 [F8 each of the sewerage authorities] to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers, sewage treatment works and other works vested in them by virtue of this Act [F9 or of Part II of the Local Government etc. (Scotland) Act 1994].

Textual Amendments

F8 Words in s. 2 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(3)(a); S.I. 1996/323, art. 4(1)(b)(c)

F9 Words 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)

C2 S. 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, a [F10 sewerage] authority may, within or outwith their area—

(a) construct a public sewer—

(i) in, under or over any [F11 road], or under any cellar or vault below any [F11 road];

(ii) in, on or over any land not forming part of a [F11 road];

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

(2) Before commencing construction of a sewer in, on or over any land not forming part of a [F11 road], a [F10 sewerage] authority shall serve notice of their 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, the [F10 sewerage] authority 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 [F12 192] of the Local Government (Scotland) Act [F12 M1 1973] (service of notices) shall apply to notices [F13 served by a sewerage authority] under subsection (2) above relating to land as it applies to notices [F14 served by a local authority] relating to premises.

(4) Where a [F10 sewerage] authority, in the exercise of their powers under subsection (1) above, propose to execute works outwith their area F15 . . . they shall in addition to any notice served under subsection (2) above serve notice of their intention on the [F10 sewerage] authority within whose area it is proposed to execute the works together with a description of the proposed works and if within two months after the service of the notice the [F10 sewerage] authority on whom it was served object to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Secretary of State 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 his decision on the matter shall be final.

Textual Amendments

F10 Words in s. 3(1)(2)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(a); S.I. 1996/323, art. 4(1)(b)(c)

F11 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(2)

F12 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 179

F13 Words in s. 3(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F14 Words in s. 3(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F15 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C3 S. 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

Marginal Citations

M1 1973 c. 65.

[F16 3A Authorisation of construction of certain private sewers etc. S

(1) Without prejudice to their powers under section 3 of this Act (including any power to authorise the construction, on their behalf, of a public sewer), a sewerage authority may authorise a person to construct, within their area but whether or not connecting with their 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 them under subsection (1) of that section.

(2) The sewerage authority—

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

(b) as respects any sewer (not being a sewer constructed by or on behalf of the authority) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer will connect with their sewers or sewage treatment works, determine (and by written notice advise the person) that all, or a part which they shall specify in the notice, of the sewer constructed shall not vest in them through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination the sewerage authority may, on such terms and conditions as they think fit, then or at some later time enter into an agreement under which the sewer, or as the case may be the part, shall vest in them.]

Textual Amendments

F16 S. 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)

Modifications etc. (not altering text)

C4 S. 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

A [F17 sewerage] authority may, if they think fit, close, alter, replace or remove any sewer, sewage treatment works or other works vested in them by virtue of this Act [F18 or of Part II of the Local Government etc. (Scotland) Act 1994], but, before any person who is lawfully using the sewer or works for any purpose is deprived by the authority of that use, they shall provide a sewer or works equally effective for that use and shall at their expense carry out any work necessary to connect his drain or private sewer with the sewer or works so provided.

Textual Amendments

F17 Word in s. 4 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(5)(a); S.I. 1996/323, art. 4(1)(b)(c)

F18 Words in s. 4 inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(5)(b); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C5 S. 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.

F19 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F19 Ss. 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

Where . . . F20 in pursuance of section 13 below a [F21 sewerage] authority exercise any functions in relation to any part of the area of another [F21 sewerage] authority or in relation to any premises situated therein, they may do so as if that part or those premises were situated within their area.

Textual Amendments

F20 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F21 Words in s. 6 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(6); S.I. 1996/323, art. 4(1)(b)(c)

7 Agreements between highway and local authorities. S

(1) Subject to the provisions of this section, [F22 a roads authority] and a [F23 sewerage] authority 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 or drains for the conveyance of water from the surface of [F24 a road] or surface water from premises.

(2) Where a sewer or drain with respect to which [F25 a roads authority] and a [F26 sewerage] authority propose to make an agreement under this section discharges, whether directly or indirectly, into the sewers or sewage treatment works of another local authority, the agreement shall not be made without the consent of that other authority, who may give their consent upon such terms and conditions as they think fit.

(3) [F27 A roads authority or a sewerage] authority 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, and a [F28 sewerage] authority shall not, under subsection (2) above, unreasonably refuse to consent to the making of such an agreement or insist unreasonably upon terms or conditions unacceptable to either party thereto, and any dispute arising under this section to which the Secretary of State is not a party as to whether or not any authority are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the authorities concerned, shall determine the dispute, and his decision shall be final.

[F29 (3A) In the foregoing provisions of this section, “roads authority” has the same meaning as in the M2 Roads (Scotland) Act 1984.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F22 Words 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)

F23 Words in s. 7(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(a)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F24 Words in s. 7(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c)

F25 Words in s. 7(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F26 Words in s. 7(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F27 Words 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)

F28 Words in s. 7(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F29 S. 7(3A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(d); S.I. 1996/323, art. 4(1)(b)(c)

F30 Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M2 1984 c. 54.

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

(1) Subject to subsection (2) below, where a [F31 sewerage] authority are satisfied that premises are to be constructed within their area by any person, they may enter into an agreement with that person as respects the provision by that person or by them of sewers 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 the authority of sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers or works, shall be enforceable against the authority 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 an authority where the authority have no duty under section 1 above to provide public sewers to serve the premises.

Textual Amendments

F31 Word in s. 8(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(6); S.I. 1996/323, art. 4(1)(b)(c)

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, the [F32 sewerage] authority concerned 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 the [F32 sewerage] authority 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

F32 Words in s. 9 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(6); S.I. 1996/323, art. 4(1)(b)(c)

[F33 10 Emptying of septic tanks. S

(1) It shall be the duty of a sewerage authority to empty a septic tank serving premises in their area on their 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 their doing so being timeously paid.

(2) The duty does not extend to septic tanks which receive trade effluent; but the authority 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 they think 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 Part II of the Local Government etc. (Scotland) Act 1994).]

Textual Amendments

F33 S. 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

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

[F34 (1) A sewerage authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994 or in respect of which they have made a determination under section 3A(2) of this Act; and the authority 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 the authority may determine.]

(2) Where some of the sewers so vested in a [F35 sewerage] authority 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.

[F36 (3) A sewerage authority shall keep deposited at such of their offices, other than their principal office, as they consider appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and the authority 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, they do in relation to the map mentioned in that subsection at their 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 the sewerage authority to be appropriate having regard to the geographical location of that office.]

Textual Amendments

F34 S. 11(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(8)(a); S.I. 1996/323, art. 4(1)(b)(c)

F35 Word in s. 11(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(8)(b); S.I. 1996/323, art. 4(1)(b)(c)

F36 S. 11(3)(4) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(8)(c); S.I. 1996/323, art. 4(1)(b)(c)

Rights and duties of owners and occupiers S

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 within the area of a [F37 sewerage] authority shall be entitled to connect his drains or private sewers with the sewers or sewage treatment works of that authority, and the occupier of any such premises shall be entitled by means of those drains or private sewers to drain into those sewers or works the domestic sewage and surface water from those premises.

(2) An owner shall not, under the foregoing subsection, be entitled to connect his drains or sewers with the sewers or works of an authority unless the intervening land is land through which the owner is entitled to construct a drain or sewer.

(3) The owner of any premises who proposes to connect his drains or sewers with the sewers or works of a [F37 sewerage] authority, or to alter a drain or sewer connected with such sewer or works in such a manner as may interfere with them, shall give to the authority notice of his proposals, and within 28 days of the receipt by them of the notice the authority may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as they think 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) A [F37 sewerage] authority shall forthwith intimate to the owner their 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 their 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 the [F37 sewerage] authority who granted it so as to enable them to supervise the execution of the work, and shall afford them 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 [F38 road], the [F37 sewerage] authority who granted the permission may undertake the work in the [F38 road] and may recover the expenses reasonably incurred by them in so doing from the person for whom the work was done.

(8) Any person who connects a drain or sewer to the sewers or works of a [F37 sewerage] authority or alters a drain or sewer 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 [F39 £20,000] , and the [F37 sewerage] authority 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 them in so doing.

Textual Amendments

F37 Words in s. 12(1)(3)(4)(6)-(8) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(9); S.I. 1996/323, art. 4(1)(b)(c)

F38 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108) , s. 156(1) , Sch. 9 para. 64(3)

F39 Word in s. 12(8) substituted (1.10.1991) by virtue of Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10, para. 5(a);S.I. 1991/2187, art. 3, Sch.

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

(1) Subject to the following subsection, the owner or occupier of any premises outwith the area of a [F40 sewerage] authority shall have the like rights with respect to connection with or drainage into the sewers or works of that authority as he would have under section 12 above if his premises were situated within their area, and the provisions of that section shall apply accordingly:

Provided that—

(a) the owner of the premises concerned shall, at the same time as he gives notice of his proposals under subsection (3) of that section, give notice to the same effect to the [F41 sewerage] authority within whose area the premises are situated; and

(b) the Secretary of State in determining an appeal under subsection (5) of that section may, as a condition of granting permission to a connection, require the local authority in whose area the premises are situated to make to the other [F40 sewerage] authority concerned such reasonable payment or reasonable periodical payments as he thinks fit.

(2) The foregoing subsection shall not apply where the owner of premises is required by or under any other enactment to connect his drains or sewers with the sewers or sewage treatment works of the [F40 sewerage] authority within whose area his premises are situated.

Textual Amendments

F40 Words in s. 13 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(10)(a); S.I. 1996/323, art. 4(1)(b)(c)

F41 Word in para. (a) of the proviso to s. 13(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(10)(b); S.I. 1996/323, art. 4(1)(b)(c)

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 [F42 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 [F43 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 [F43 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 [F43 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 [F44 level 4 on the standard scale].

Textual Amendments

F42 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)

F43 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)

F44 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

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

(1) If it appears to a local authority [F45 or a sewerage authority] that as respects any premises in their area the drains or sewage treatment works serving such premises (other than drains or works vested in the [F46 sewerage] authority) are defective, [F47 the authority in question] 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 [F48 authority which served the notice] may, after giving not less than 7 days’ notice to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them 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 [F49 authority in question] may, if they think fit, remit such part of the expenses as seems to them to be equitable.

(4) If it appears to [F50 a local authority or a sewerage authority 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 authority [F51 which served the notice] may proceed to carry out the work forthwith.

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

Textual Amendments

F45 Words in s. 15(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F46 Words in s. 15(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(a)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F47 Words in s. 15(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c)

F48 Words 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)

F49 Words 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)

F50 Words 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)

F51 Words 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)

C6 References 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 works S

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

(1) [F52 There shall vest in a sewerage authority]—

(a) all sewers and sewage treatment works constructed by them at their expense in pursuance of section 1 above;

(b) all junctions with their sewers, . . . F53 whether constructed at the expense of the authority or otherwise;

[F54 (c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers connecting with their sewers or sewage treatment works;

(cc) where they enter 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, or as the case may be parts of sewers, to which the agreement relates;]

(d) all sewage treatment works taken over by them by virtue of an agreement under section 8 above; and

(e) all sewage treatment works taken over by them under section 17 below.

(2) Private sewers and junctions with sewers referred to in the foregoing subsection which are completed after [F55 1st April 1996 shall vest in the sewerage] authority on the date of their completion, and the works referred to in paragraph (e) of the foregoing subsection shall vest in the authority in accordance with the provisions of section 17 below.

(3) All sewers, junctions therewith, drains and sewage treatment works vested in a [F56 sewerage] authority shall be the property of the authority who 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

F52 Words 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)

F53 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F54 S. 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)

F55 Words 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)

F56 Word in s. 16(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(c); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C7 S. 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)

[F57 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 a sewerage authority to construct a sewer not connecting with their sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection or 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, the sewerage authority may, on such terms and conditions as they think fit, at any time enter into an agreement under which the sewer, or any part of it, shall vest in them.]

Textual Amendments

F57 S. 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)

Modifications etc. (not altering text)

C8 S. 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, a [F58 sewerage] authority within whose area premises served by private sewage treatment works are situated may, by agreement with the owner of the works, or failing such agreement, in pursuance of proposals made by them under subsection (2) below, take over the works.

(2) A [F58 sewerage] authority may, by notice served on the owner of works as mentioned in the foregoing subsection, intimate their proposals to take over the works within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if they think fit conditions as to payment of compensation by them, as may be so specified, and shall serve copies of the notice on any other [F58 sewerage] authority within whose area any of the works, or any sewers or drains connected therewith, are situated; 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 the [F58 sewerage] authority and any conditions so specified either with or without modification or refuse to confirm them.

(4) All works taken over by a [F58 sewerage] authority under this section shall vest in them 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 under this section was lawfully entitled to use them shall continue to be so entitled after they have 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.

Textual Amendments

F58 Words in s. 17(1)-(4) 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)

Miscellaneous S

F59 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F59 S. 18 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(16), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 S

Textual Amendments

F60 Ss. 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, a [F61 sewerage] authority shall make full compensation for any loss, injury or damage sustained by any person by reason of the exercise by the authority of any of their 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 an authority under this section shall not be maintainable unless it is made to the authority within [F62 24] 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 a [F63 sewerage] authority having, in the exercise of their 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 the [F63 sewerage] authority shall be entitled to set off that amount against the amount of any compensation awarded.

[F64 (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 a sewerage authority constructing a sewer under section 3(1), of this Act.]

Textual Amendments

F61 Word in s. 20(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(17)(a); S.I. 1996/323, art. 4(1)(b)(c)

F62 Word 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)

F63 Words in s. 20(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(17)(c); S.I. 1996/323, art. 4(1)(b)(c)

F64 S. 20(5) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(17)(d); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

C9 S. 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

F65 (1) Unless with the consent of the [F66 sewerage] authority, which shall not be unreasonably withheld, no building shall be erected [F67 or embankment constructed] over, or in such a way as to interfere with or to obstruct access to, any sewer vested in the authority [F68 or in respect of which they have 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 29(1) of the M3 Building (Scotland) Act 1959.

Textual Amendments

F65 S. 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)

F66 Word in s. 21(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(18)(a); S.I. 1996/323, art. 4(1)(b)(c)

F67 Words in s. 21(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(18)(b); S.I. 1996/323, art. 4(1)(b)(c)

F68 Words 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)

C10 S. 21 extended by Control of Pollution Act 1974 (c. 40), s. 28(3)

Marginal Citations

M3 1959 c. 24.

22 Protection for statutory undertakers. S

(1) Subject to the provisions of this section, nothing in this Part of this Act shall authorise a [F69 sewerage] authority to carry out works which will interfere with the carrying on of a statutory undertaking [F70 or the running of a telecommunications code system without the consent of the statutory undertakers concerned or, as the case may be, of the operator of that system.]

(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.

[F71 (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 a sewerage authority constructing a sewer under section 3(1), of this Act.]

(3) Nothing in this section shall be construed as limiting the powers of a [F69 sewerage] authority under section 41 below.

(4) In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by [F72 section 275(1) of the M4 Town and Country Planning (Scotland) Act 1972].

Textual Amendments

F69 Words in s. 22(1)(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(19)(a); S.I. 1996/323, art. 4(1)(b)(c)

F70 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 49

F71 S. 22(2A) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(19)(b); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F72 Words substituted by Airports Authority Act 1975 (c. 78), Sch. 5 Pt. II para. 2

Modifications etc. (not altering text)

C11 S. 22 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 93(1)

S. 22 extended by Civil Aviation Act 1982 (c. 16, SIF 9), s. 19, Sch. 2 para. 4

S. 22 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxiii), Sch. 8 para. 33

S. 22 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 1(1)(xxi), Sch. 17 para. 33

S. 22 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xviii); S.I. 1996/218, art. 2

C12 S. 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)

C13 S. 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

M4 1972 c. 52.

23 Restriction on working minerals. S

Sections 71 to 78 of the M5 Railways 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 M6 Mines (Working Facilities and Support) Act 1923, shall apply in relation to

[F73 (a) any public sewers, public sewage treatment works or public drains; and

(b) any sewers, sewage treatment works or drains not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994,

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

(i) for references to the railway, of references to the sewers, works or drains; and

(ii) for references to the company, of references to the sewerage authority, or as the case may be to the person other than a sewerage authority, in whom the sewers, works or drains are vested.]

Textual Amendments

F73 S. 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)

C14 S. 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

M5 1845 c. 33.

M6 1923 c. 20.