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 Scottish Water] to provide such public sewers as may be necessary for effectually draining [F2 its] 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 [F2 its] sewers.

[F3 (2) Without prejudice to the generality of subsection (1) above—

(a) [F4 Scottish Water]F4 shall, subject to paragraph (b) below, take [F5 its]F5 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 [F6 Scottish Water]F6 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 [F7 Scottish Water] 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 [F8 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 [F9 [F6 Scottish Water]F6 , or as the case may be [F10 the]F10 private provider, concerned], determine that question, and [F11 [F12 Scottish Water]F12 or [F10 the]F10 private provider] shall give effect to his determination.

[F13 (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 (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F2 Words in s. 1(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F3 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)

F4 Words 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

F5 Word in s. 1(2)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(b) (with s. 67); S.S.I. 2002/118, art. 2

F6 Words 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

F7 Words 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

F8 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)

F9 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)

F10 Words in s. 1(4) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 5(c) (with s. 67); S.S.I. 2002/118, art. 2

F11 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)

F12 Words in s. 1(4) 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

F13 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 [F14 Scottish Water] to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers, sewage treatment works and other works vested in [F15 it] by virtue of this Act [F16 or of [F17 the Water Industry (Scotland) Act 2002 (asp 3)F17 ]].

Textual Amendments

F14 Words in s. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 6(a) (with s. 67); S.S.I. 2002/118, art. 2

F15 Word in s. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 6(b) (with s. 67); S.S.I. 2002/118, art. 2

F16 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)

F17 Words in s. 2 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 6(c) (with s. 67); S.S.I. 2002/118, art. 2

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, [F18 Scottish Water] may, F19 ...—

(a) construct a public sewer—

(i) in, under or over any [F20 road], or under any cellar or vault below any [F20 road];

(ii) in, on or over any land not forming part of a [F20 road];

(b) construct public sewage treatment works in or on any land held by [F21 it] or appropriated for the purpose.

(2) Before commencing construction of a sewer in, on or over any land not forming part of a [F20 road], [F22 Scottish Water] shall serve notice of [F23 its] 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, [F24 Scottish 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 [F25 192] of the Local Government (Scotland) Act [F25 M1 1973] (service of notices) shall apply to notices [F26 served by [F27 Scottish WaterF27 ]] under subsection (2) above relating to land as it applies to notices [F28 served by a local authority] relating to premises.

(4) F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Words in s. 3(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

F19 Words in s. 3(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F20 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(2)

F21 Word in s. 3(1)(b) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F22 Words in s. 3(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

F23 Word in s. 3(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(b) (with s. 67); S.S.I. 2002/118, art. 2

F24 Words in s. 3(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

F25 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 179

F26 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)

F27 Words in s. 3(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

F28 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)

F29 S. 3(4) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 7(c) (with s. 67); S.S.I. 2002/118, art. 2

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.

[F30 3A Authorisation of construction of certain private sewers etc. S

(1) Without prejudice to [F31 its]F31 powers under section 3 of this Act (including any power to authorise the construction, on [F31 its]F31 behalf, of a public sewer), [F32 Scottish Water]F32 may authorise a person to construct, within [F31 its]F31 area but whether or not connecting with [F31 its]F31 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 [F33 it]F33 under subsection (1) of that section.

(2) [F34 Scottish Water]F34 —

(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 [F35 Scottish Water]F35 ) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer will connect with [F36 its]F36 sewers or sewage treatment works, determine (and by written notice advise the person) that all, or a part which [F37 it]F37 shall specify in the notice, of the sewer constructed shall not vest in [F38 it]F38 through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination [F39 Scottish Water]F39 may, on such terms and conditions as [F40 it thinks]F40 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 [F38 it]F38 .]

Textual Amendments

F30 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)

F31 Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(i) (with s. 67); S.I. 2002/118, art. 2

F32 Words 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

F33 Word in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(ii) (with s. 67); S.I. 2002/118, art. 2

F34 Words 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

F35 Words 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

F36 Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(i) (with s. 67); S.I. 2002/118, art. 2

F37 Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(ii) (with s. 67); S.I. 2002/118, art. 2

F38 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iii) (with s. 67); S.I. 2002/118, art. 2

F39 Words 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

F40 Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iv) (with s. 67); S.I. 2002/118, art. 2

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

[F41 Scottish Water] may, if [F42 it thinks] fit, close, alter, replace or remove any sewer, sewage treatment works or other works vested in [F43 it] by virtue of this Act [F44 or of [F45 the Water Industry (Scotland) Act 2002 (asp 3)F45 ]], but, before any person who is lawfully using the sewer or works for any purpose is deprived by [F46 Scottish Water] of that use, [F47 it] shall provide a sewer or works equally effective for that use and shall at [F48 its] expense carry out any work necessary to connect his drain or private sewer with the sewer or works so provided.

Textual Amendments

F41 Words in s. 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

F42 Words in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(a) (with s. 67); S.S.I. 2002/118, art. 2

F43 Word in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(b) (with s. 67); S.S.I. 2002/118, art. 2

F44 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)

F45 Words in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(c) (with s. 67); S.S.I. 2002/118, art. 2

F46 Words in s. 4 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

F47 Word in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(d) (with s. 67); S.S.I. 2002/118, art. 2

F48 Word in s. 4 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 9(e) (with s. 67); S.S.I. 2002/118, art. 2

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.

F49 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F49 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

F50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 S. 6 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 10 (with s. 67); S.S.I. 2002/118, art. 2

7 Agreements between highway and local authorities. S

(1) Subject to the provisions of this section, [F51 a roads authority] and [F52 Scottish 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 or drains for the conveyance of water from the surface of [F53 a road] or surface water from premises.

(2) F54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F55 A roads authority or [F56 Scottish WaterF56 ]] 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, F57 ..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not [F58 a roads authority or Scottish Water] are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the [F59 authority concerned and Scottish Water], shall determine the dispute, and his decision shall be final.

[F60 (3A) In the foregoing provisions of this section, “roads authority” has the same meaning as in the M2 Roads (Scotland) Act 1984.]

F61 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 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)

F52 Words in s. 7(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

F53 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)

F54 S. 7(2) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(a) (with s. 67); S.S.I. 2002/118, art. 2

F55 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)

F56 Words in s. 7(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

F57 Words in s. 7(3) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F58 Words in s. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F59 Words in s. 7(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 11(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F60 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)

F61 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 [F62 Scottish Water is] satisfied that premises are to be constructed within [F63 its] area by any person, [F64 it] may enter into an agreement with that person as respects the provision by that person or by [F65 it] 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 [F66 Scottish Water] 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 [F67 Scottish 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 [F68 Scottish Water] where [F69 it has] no duty under section 1 above to provide public sewers to serve the premises.

Textual Amendments

F62 Words in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F63 Word in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F64 Word in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F65 Word in s. 8(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(a)(iv) (with s. 67); S.S.I. 2002/118, art. 2

F66 Words in s. 8(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

F67 Words in s. 8(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

F68 Words in s. 8(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F69 Words in s. 8(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 12(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

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, [F70 Scottish 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 [F70 Scottish 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

F70 Words in s. 9 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 13 (with s. 67); S.S.I. 2002/118, art. 2

[F71 10 Emptying of septic tanks. S

(1) It shall be the duty of [F72 Scottish Water]F72 to empty a septic tank serving premises in [F73 its]F73 area on [F73 its]F73 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 [F73 its]F73 doing so being timeously paid.

(2) The duty does not extend to septic tanks which receive trade effluent; but [F74 Scottish Water]F74 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 [F75 it thinks]F75 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 [F76 the Water Industry (Scotland) Act 2002 (asp 3)]F76 ).]

Textual Amendments

F71 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

F72 Words 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

F73 Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(a) (with s. 67); S.S.I. 2002/118, art. 2

F74 Words 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

F75 Words in s. 10(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(b) (with s. 67); S.S.I. 2002/118, art. 2

F76 Words in s. 10(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(c) (with s. 67); S.S.I. 2002/118, art. 2

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

[F77 (1) [F78 Scottish Water]F78 shall keep deposited at [F79 its]F79 principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in [F80 it]F80 by virtue of this Act or of [F81 the Water Industry (Scotland) Act 2002 (asp 3)]F81 or in respect of which [F82 it has]F82 made a determination under section 3A(2) of this Act; and [F83 Scottish Water]F83 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 [F83 Scottish Water]F83 may determine.]

(2) Where some of the sewers so vested in [F78 Scottish 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.

[F84 (3) [F78 Scottish Water]F78 shall keep deposited at such of [F79 its]F79 offices, other than [F79 its]F79 principal office, as [F85 it considers]F85 appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and [F86 it]F86 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, [F87 it does]F87 in relation to the map mentioned in that subsection at [F79 its]F79 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 [F88 Scottish Water]F88 to be appropriate having regard to the geographical location of that office.]

Textual Amendments

F77 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)

F78 Words 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

F79 Words in s. 11 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(a) (with s. 67); S.S.I. 2002/118, art. 2

F80 Word in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F81 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F82 Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F83 Words 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}

F84 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)

F85 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(c)(i) (with s. 67); S.S.I. 2002/118, art. 2

F86 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F87 Words in s. 11(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 15(c)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F88 Words in s. 11(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

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 F89 ... shall be entitled to connect his drains or private sewers with the sewers or sewage treatment works of [F90 Scottish Water] , 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 [F91 Scottish Water] 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 [F92 Scottish Water], 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 [F93 Scottish Water] notice of his proposals, and within 28 days of the receipt by [F94 it] of the notice [F93 Scottish Water] may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as [F95 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) [F92 Scottish Water] shall forthwith intimate to the owner [F96 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 [F96 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 [F97 Scottish Water] so as to enable [F98 it] to supervise the execution of the work, and shall afford [F98 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 [F99 road], [F100 Scottish Water] may undertake the work in the [F99 road] and may recover the expenses reasonably incurred by [F101 it] 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 [F92 Scottish Water] 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 [F102 £20,000] , and [F103 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 [F104 it] in so doing.

Textual Amendments

F89 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}

F90 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}

F91 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}

F92 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

F93 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

F94 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}

F95 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}

F96 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}

F97 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}

F98 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}

F99 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108) , s. 156(1) , Sch. 9 para. 64(3)

F100 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}

F101 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}

F102 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.

F103 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

F104 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

F105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 S. 13 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 17 (with s. 67); S.S.I. 2002/118, art. 2

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 [F106 Scottish Water] by virtue of section 12(3) above F107 ... , or sewage treatment works in respect of which notice has been given under subsection (2) below, [F108 Scottish Water] may, if [F109 it considers] that the proposed drain, sewer or works is, or is likely to be, needed to form part of a general sewerage system which [F110 it has] provided or propose to provide, within 28 days of the receipt by [F111 it] 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 [F112 Scottish 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 [F113 Scottish Water] so as to enable [F114 it] to supervise the execution of the work and shall afford [F114 it] all reasonable facilities for so doing.

(5) [F115 Where Scottish Water has issued a direction under subsection (1) above, it] 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 [F108 Scottish Water], [F116 it] 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 [F117 its] 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 [F106 Scottish Water] 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 [F118 level 4 on the standard scale].

Textual Amendments

F106 Words 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

F107 Words in s. 14(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F108 Words 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

F109 Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F110 Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F111 Words 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

F112 Words in s. 14(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(b) (with s. 67); S.S.I. 2002/118, art. 2

F113 Words in s. 14(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(c)(i) (with s. 67); S.S.I. 2002/118, art. 2

F114 Words in s. 14(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F115 Words in s. 14(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(d)(i) (with s. 67); S.S.I. 2002/118, art. 2

F116 Words in s. 14(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(d)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F117 Words in s. 14(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(d)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F118 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 [F119 or [F120 Scottish WaterF120 ]] that as respects any premises in their [F121 or, as the case may be, its] area the drains or sewage treatment works serving such premises (other than drains or works vested in [F122 Scottish Water]) are defective, [F123 the 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 [F124 localF124 ][F125 authority which served the notice ] may, after giving not less than 7 days’ notice [F126 or, 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 [F127 or, 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 [F124 localF124 ][F128 authority in question [F129 or, as the case may be, Scottish WaterF129 ]] may, if they think [F130 or it thinks] fit, remit such part of the expenses as seems to them [F127 or, as the case may be, it] to be equitable.

(4) If it appears to [F131 a local authority or [F120 Scottish Water]F120 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 [F132 local] authority [F133 which served the notice][F134 or, 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 or sewage treatment works, and “defective” shall be construed accordingly.

Textual Amendments

F119 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)

F120 Words 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

F121 Words in s. 15(1) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F122 Words in s. 15(1) 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

F123 Words in s. 15(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F124 Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F125 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)

F126 Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F127 Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F128 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)

F129 Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2

F130 Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(v) (with s. 67); S.S.I. 2002/118, art. 2

F131 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)

F132 Word in s. 15(4)(c) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(c)(i) (with s. 67); S.S.I. 2002/118, art. 2

F133 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)

F134 Words in s. 15(4)(c) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2

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) [F135 There shall vest in [F136 Scottish WaterF136 ]]—

(a) all sewers and sewage treatment works constructed by [F137 it] at [F138 its] expense in pursuance of section 1 above;

(b) all junctions with [F138 its] sewers, F139 . . . whether constructed at the expense of [F140 Scottish Water] or otherwise;

[F141 (c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers connecting with [F138 its]F138 sewers or sewage treatment works;

(cc) where [F142 it enters]F142 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 [F137 it] by virtue of an agreement under section 8 above; and

(e) all sewage treatment works taken over by [F137 it] under section 17 below.

(2) Private sewers and junctions with sewers referred to in the foregoing subsection which are completed after [F143 [F144 the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force]F144 shall vest in [F145 Scottish WaterF145 ]] on the date of their completion, and the works referred to in paragraph (e) of the foregoing subsection shall vest in [F146 Scottish Water] in accordance with the provisions of section 17 below.

(3) All sewers, junctions therewith, drains and sewage treatment works vested in [F136 Scottish Water] shall be the property of [F147 Scottish 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

F135 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)

F136 Words 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

F137 Words in s. 16(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(a)(i) (with s. 67); S.S.I. 2002/118, art. 2

F138 Words in s. 16(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2

F139 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F140 Words 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

F141 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)

F142 Words in s. 16(1)(cc) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2

F143 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)

F144 Words in s. 16(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(b) (with s. 67); S.S.I. 2002/118, art. 2

F145 Words in s. 16(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

F146 Words 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

F147 Words in s. 16(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(c) (with s. 67); S.S.I. 2002/118, art. 2

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)

[F148 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 [F149 Scottish Water]F149 to construct a sewer not connecting with [F150 its]F150 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, [F151 Scottish Water]F151 may, on such terms and conditions as [F152 it thinks]F152 fit, at any time enter into an agreement under which the sewer, or any part of it, shall vest in [F153 it]F153 .]

Textual Amendments

F148 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)

F149 Words 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

F150 Words in s. 16A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 21(a) (with s. 67); S.S.I. 2002/118, art. 2

F151 Words 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

F152 Words in s. 16A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 21(b)(i) (with s. 67); S.S.I. 2002/118, art. 2

F153 Words in s. 16A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 21(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2

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, [F154 Scottish Water] may, by agreement with the owner of [F155 any private sewage treatment works], or failing such agreement, in pursuance of proposals made by [F156 it] under subsection (2) below, take over the works.

(2) [F157 Scottish Water] may, by notice served on the owner of works as mentioned in the foregoing subsection, intimate [F158 its] 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 [F159 it thinks] fit conditions as to payment of compensation by [F160 it], as may be so specified F161 ... ; 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 [F162 Scottish Water] and any conditions so specified either with or without modification or refuse to confirm them.

(4) All works taken over by [F163 Scottish Water] under this section shall vest in [F164 it] 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

F154 Words 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

F155 Words 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

F156 Words 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

F157 Words 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

F158 Words 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

F159 Words 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

F160 Words 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

F161 Words 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

F162 Words 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

F163 Words 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

F164 Words 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

Miscellaneous S

F165 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F165 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166 S

Textual Amendments

F166 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, [F167 Scottish Water] shall make full compensation for any loss, injury or damage sustained by any person by reason of the exercise by [F168 Scottish Water] of any of [F169 its] 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 [F170 Scottish Water] under this section shall not be maintainable unless it is made to [F171 Scottish Water] within [F172 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 [F167 Scottish Water] having, in the exercise of [F173 its] 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 [F174 Scottish Water] shall be entitled to set off that amount against the amount of any compensation awarded.

[F175 (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 [F167 Scottish Water]F167 constructing a sewer under section 3(1), of this Act.]

Textual Amendments

F167 Words 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

F168 Words in s. 20(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

F169 Word in s. 20(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 23(a) (with s. 67); S.S.I. 2002/118, art. 2

F170 Words in s. 20(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 23(b) (with s. 67); S.S.I. 2002/118, art. 2

F171 Words in s. 20(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

F172 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)

F173 Word in s. 20(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 23(c) (with s. 67); S.S.I. 2002/118, art. 2

F174 Words in s. 20(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

F175 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

F176 (1) Unless with the consent of [F177 Scottish Water], which shall not be unreasonably withheld, no building shall be erected [F178 or embankment constructed] over, or in such a way as to interfere with or to obstruct access to, any sewer vested in [F179 Scottish WaterF179 ][F180 or in respect of which [F181 it has]F181 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

F176 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)

F177 Words in s. 21(1) 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

F178 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)

F179 Words in s. 21(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

F180 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)

F181 Words in s. 21(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 24 (with s. 67); S.S.I. 2002/118, art. 2

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 [F182 Scottish Water] to carry out works which will interfere with the carrying on of a statutory undertaking [F183 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.

[F184 (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 [F182 Scottish Water]F182 constructing a sewer under section 3(1), of this Act.]

(3) Nothing in this section shall be construed as limiting the powers of [F182 Scottish Water] under section 41 below.

(4) In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by [F185 section 275(1) of the M4 Town and Country Planning (Scotland) Act 1972].

Textual Amendments

F182 Words 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

F183 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 49

F184 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)

F185 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

[F186 (a) any public sewers, public sewage treatment works or public drains; and

(b) any sewers, sewage treatment works or drains not vested in [F187 Scottish Water]F187 but forming (or forming part of) any such system as is mentioned in [F188 section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3)]F188 ,

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 [F189 Scottish Water]F189 , or as the case may be to the person other than [F187 Scottish Water]F187 , in whom the sewers, works or drains are vested.]

Textual Amendments

F186 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)

F187 Words in s. 23 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

F188 Words in s. 23 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 25 (with s. 67); S.S.I. 2002/118, art. 2

F189 Words in s. 23 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)

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.