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Sewerage (Scotland) Act 1968, Cross Heading: Duties and powers of local authorities is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to the provisions of this Act, it shall be the duty of [F1Scottish Water] to provide such public sewers[F2and public SUD systems ] as may be necessary for effectually draining [F3its] 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 [F3its] sewers [F4and SUD systems ].
[F5(2)Without prejudice to the generality of subsection (1) above—
(a)[F6 Scottish Water ] shall, subject to paragraph (b) below, take [F7 its ] 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 [F8 Scottish Water ] 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 [F9Scottish Water] to do anything which is not practicable at a reasonable cost.
[F10(3A)Subsection (3) shall not apply to such cases or descriptions of case as the Scottish Ministers may direct.
(3B)In determining what is a reasonable cost for the purpose of subsection (3) so far as relating to subsection (2)(a), the costs to be taken into account include the costs of—
(a) constructing such other public sewers, public SUD systems and such public sewage treatment works, and
(b)carrying out such other work,
as Scottish Water considers necessary in consequence of the connection referred to in subsection (2)(a).
(3C)Subject to subsection (3B), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations made by the Scottish Ministers.
(3D)Such regulations may, in particular, make provision as to—
(a)the matters to be taken into, or left out of, account,
(b)the criteria to be applied,
(c)the method of calculation to be adopted,
in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.]
(4)If any question arises under this section as to whether [F11a reasonable cost has been properly determined in accordance with regulations made under subsection (3C) or ]anything is or is not practicable at a reasonable cost or as to the point or points to which [F12a 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[F13Water Industry Commission for Scotland], if requested to do so by any person aggrieved, shall, after consultation with that person and with [F14[F8Scottish Water], or as the case may be [F15the] private provider, concerned], determine that question, and [F16[F17Scottish Water] or [F15the] private provider] shall give effect to [F18its] determination.
[F19(4A)The Commission—
(a)shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (4) above, and
(b)may from time to time revise the statement.
(4B)In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.
(4C)The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.]
F20 [F21( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The power to make regulations under[F22[F23subsection (3C)] above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
[F24(7)The duties imposed by subsections (1) and (2) above shall not require Scottish Water to do anything which is prejudicial to its compliance with—
(a)any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or
(b)a statement of policy issued under section 29D of that Act.]]
Textual Amendments
F1Words 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
F2Words in s. 1(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 2(a); S.S.I. 2007/512, art. 2(c)
F3Words 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
F4Words in s. 1(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 2(b); S.S.I. 2007/512, art. 2(c)
F5S. 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)
F6Words 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
F7Word 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
F8Words 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
F9Words 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
F10S. 1(3A)-(3D) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 29(2), 38(1) (with s. 35(2)); S.S.I. 2006/55, art. 2(a)
F11Words in s. 1(4) inserted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 29(3), 38(1) (with s. 35(2)); S.S.I. 2006/55, art. 2(a)
F12Words 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)
F13 Words in s. 1(4) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(a) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )
F14Words 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)
F15Words 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
F16Words 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)
F17Words 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
F18 Word in s. 1(4) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(a) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )
F19 S. 1(4A)-(4C) inserted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(b) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )
F20 S. 1(5) repealed (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(c) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )
F21S. 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)
F22Word in s. 1(6) substituted (6.3.2006) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 29(4), 38(1) (with s. 35(2)); S.S.I. 2006/55, art. 2(a)
F23 Words in s. 1(6) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(d) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )
F24S. 1(7) added (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 24(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, Sch. 2
Modifications etc. (not altering text)
C1S. 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)
Subject to section 4 below, it shall be the duty of [F25Scottish Water] to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers [F26SUD systems, ], sewage treatment works and other works vested in [F27it] by virtue of this Act [F28or of [F29the Water Industry (Scotland) Act 2002 (asp 3)]].
Textual Amendments
F25Words 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
F26Words in s. 2 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 3; S.S.I. 2007/512, art. 2(c)
F27Word 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
F28Words 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)
F29Words 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)
C2S. 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.
(1)Subject to the provisions of this Act, [F30Scottish Water] may, F31...—
(a)construct a public sewer [F32 or SUD system]—
(i)in, under or over any [F33road], or under any cellar or vault below any [F33road];
(ii)in, on or over any land not forming part of a [F33road];
(b)construct public sewage treatment works in or on any land held by [F34it] or appropriated for the purpose.
(2)Before commencing construction of a sewer [F35 or SUD system ] in, on or over any land not forming part of a [F33road], [F36Scottish Water] shall serve notice of [F37its] 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, [F38Scottish 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 [F39192] of the Local Government (Scotland) Act [F391973] (service of notices) shall apply to notices [F40served by [F41Scottish Water]] under subsection (2) above relating to land as it applies to notices [F42served by a local authority] relating to premises.
(4)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Words 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
F31Words 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
F32Words in s. 3(1)(a) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 4(a); S.S.I. 2007/512, art. 2(c)
F33Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(2)
F34Word 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
F35Words in s. 3(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 4(b); S.S.I. 2007/512, art. 2(c)
F36Words 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
F37Word 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
F38Words 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
F39Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 179
F40Words 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)
F41Words 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
F42Words 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)
F43S. 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)
C3S. 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
(1) Without prejudice to [F45 its ] powers under section 3 of this Act (including any power to authorise the construction, on [F45 its ] behalf, of a public sewer), [F46 Scottish Water ] may authorise a person to construct, within [F45 its ] area but whether or not connecting with [F45 its ] 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 [F47 it ] under subsection (1) of that section.
(2)[F48 Scottish Water ] —
(a)in giving authorisation to a person under subsection (1) above; or
(b) as respects any sewer [F49 or SUD system ] (not being a sewer constructed by or on behalf of [F50 Scottish Water ] ) whose construction by a person does not require such authorisation,
may, in a case where the proposed sewer [F51 or system ] will connect with [F52 its ] sewers [F53 , SUD systems ] or sewage treatment works, determine (and by written notice advise the person) that all, or a part which [F54 it ] shall specify in the notice, of the sewer [F51 or system ] constructed shall not vest in [F55 it ] through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination [F56 Scottish Water ] may, on such terms and conditions as [F57 it thinks ] fit, then or at some later time enter into an agreement under which the sewer [F51 or system ] , or as the case may be the part, shall vest in [F55 it ] . ]
Textual Amendments
F44S. 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)
F45Words 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
F46Words 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
F47Word 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
F48Words 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
F49Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(a); S.S.I. 2007/512, art. 2(c)
F50Words 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
F51Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(b); S.S.I. 2007/512, art. 2(c)
F52Word 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
F53Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(c); S.S.I. 2007/512, art. 2(c)
F54Word 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
F55Words 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
F56Words 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
F57Words 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)
C4S. 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)
[F58Scottish Water] may, if [F59it thinks] fit, close, alter, replace or remove any sewer [F60 , SUD system ], sewage treatment works or other works vested in [F61it] by virtue of this Act [F62or of [F63the Water Industry (Scotland) Act 2002 (asp 3)]], but, before any person who is lawfully using the sewer [F64 , system] or works for any purpose is deprived by [F65Scottish Water] of that use, [F66it] shall provide a sewer [F60 , SUD system ]or works equally effective for that use and shall at [F67its] expense carry out any work necessary to connect his drain or private sewer [F64 , system] with the sewer or works so provided.
Textual Amendments
F58Words 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
F59Words 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
F60Words in s. 4 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 6(a); S.S.I. 2007/512, art. 2(c)
F61Word 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
F62Words 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)
F63Words 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
F64Word in s. 4 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 6(b); S.S.I. 2007/512, art. 2(c)
F65Words 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
F66Word 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
F67Word 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)
C5S. 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.
Textual Amendments
F68Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F69S. 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
(1)Subject to the provisions of this section, [F70a roads authority] and [F71Scottish 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 [F72 , SUD systems ] or drains for the conveyance of water from the surface of [F73a road] or surface water from premises.
(2)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F75A roads authority or [F76Scottish Water]] 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, F77..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not [F78a roads authority or Scottish Water] are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the [F79authority concerned and Scottish Water], shall determine the dispute, and his decision shall be final.
[F80(3A) In the foregoing provisions of this section, “ roads authority ” has the same meaning as in the M1 Roads (Scotland) Act 1984. ]
F81(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F70Words 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)
F71Words 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
F72Words in s. 7(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 7; S.S.I. 2007/512, art. 2(c)
F73Words 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)
F74S. 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
F75Words 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)
F76Words 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
F77Words 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
F78Words 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
F79Words 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
F80S. 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)
F81Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
Marginal Citations
(1)Subject to subsection (2) below, where [F82Scottish Water is] satisfied that premises are to be constructed within [F83its] area by any person, [F84it] may enter into an agreement with that person as respects the provision by that person or by [F85it] of sewers [F86, SUD systems ]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 [F87Scottish Water] of [F88SUD systems and] sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers [F86, SUD systems ] or works, shall be enforceable against [F89Scottish 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 [F90Scottish Water] where [F91it has] no duty under section 1 above to provide public sewers to serve the premises.
Textual Amendments
F82Words 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
F83Word 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
F84Word 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
F85Word 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
F86Words in s. 8(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 8(a); S.S.I. 2007/512, art. 2(c)
F87Words 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
F88Words in s. 8(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 8(b); S.S.I. 2007/512, art. 2(c)
F89Words 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
F90Words 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
F91Words 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
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, [F92Scottish 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 [F92Scottish 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
F92Words 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
(1)It shall be the duty of [F94Scottish Water] to empty a septic tank serving premises in [F95its] area on [F95its] 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 [F95its] doing so being timeously paid.
(2)The duty does not extend to septic tanks which receive trade effluent; but [F96Scottish Water] 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 [F97it thinks] 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 [F98the Water Industry (Scotland) Act 2002 (asp 3)]).]
Textual Amendments
F93S. 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
F94Words 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
F95Words 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
F96Words 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
F97Words 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
F98Words 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
[F99(1)[F100 Scottish Water ] shall keep deposited at [F101 its ] principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains [F102 , SUD systems ] and sewage treatment works which are vested in [F103 it ] by virtue of this Act or of [F104 the Water Industry (Scotland) Act 2002 (asp 3) ] or in respect of which [F105 it has ] made a determination under section 3A(2) of this Act; and [F106 Scottish Water ] 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 [F106 Scottish Water ] may determine. ]
(2)Where some of the sewers so vested in [F100Scottish 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.
[F107(3)[F100 Scottish Water ] shall keep deposited at such of [F101 its ] offices, other than [F101 its ] principal office, as [F108 it considers ] appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and [F109 it ] 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, [F110 it does ] in relation to the map mentioned in that subsection at [F101 its ] 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 [F111 Scottish Water ] to be appropriate having regard to the geographical location of that office. ]
Textual Amendments
F99S. 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)
F100Words 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
F101Words 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
F102Words in s. 11(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 9; S.S.I. 2007/512, art. 2(c)
F103Word 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
F104Words 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
F105Words 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
F106Words 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}
F107S. 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)
F108Words 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
F109Words 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
F110Words 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
F111Words 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
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