Sewerage (Scotland) Act 1968

Changes to legislation:

Sewerage (Scotland) Act 1968, Cross Heading: Vesting of sewers, drains and works is up to date with all changes known to be in force on or before 10 February 2025. 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part I Crossheading Vesting-of-sewers-drains-and-works:

s. 3A(3) inserted by 2003 asp 3 s. 30(1)
s. 8(1A) inserted by 2003 asp 3 s. 30(2)(a)
s. 12(2A) inserted by 2003 asp 3 s. 30(3)
s. 14A-14C inserted by 2003 asp 3 s. 30(4)
s. 16A(3) inserted by 2003 asp 3 s. 30(5)
s. 29A(3)(b) (c) substituted for s. 29A(3)(b) by 2014 asp 3 sch. 3 para. 1(2)(b)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3A(3) inserted by 2003 asp 3 s. 30(1)
s. 8(1A) inserted by 2003 asp 3 s. 30(2)(a)
s. 12(2A) inserted by 2003 asp 3 s. 30(3)
s. 14A-14C inserted by 2003 asp 3 s. 30(4)
s. 16A(3) inserted by 2003 asp 3 s. 30(5)
s. 29A(3)(b) (c) substituted for s. 29A(3)(b) by 2014 asp 3 sch. 3 para. 1(2)(b)

Vesting of sewers, drains and worksS

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

(1)[F1There shall vest in [F2Scottish Water]]—

(a)all sewers [F3 , SUD systems] and sewage treatment works constructed by [F4it] at [F5its] expense in pursuance of section 1 above;

(b)all junctions with [F5its] sewers, F6. . . whether constructed at the expense of [F7Scottish Water] or otherwise;

[F8(c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers [F9 and private SUD systems ] connecting with [F5 its ] sewers or sewage treatment works;

(cc) where [F10 it enters ] 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 [F11 and private SUD systems ] , or as the case may be parts of sewers [F11 and systems ] , to which the agreement relates; ]

(d)all sewage treatment works [F12 and SUD systems ] taken over by [F4it] by virtue of an agreement under section 8 above; and

(e)all sewage treatment works [F13and SUD systems]taken over by [F4it] under section 17 below.

(2)Private sewers [F14, private SUD systems ] and junctions with sewers referred to in the foregoing subsection which are completed after [F15[F16the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force] shall vest in [F17Scottish Water]] on the date of their completion, and the works [F18and SUD systems ] referred to in paragraph (e) of the foregoing subsection shall vest in [F19Scottish Water] in accordance with the provisions of section 17 below.

(3)All sewers, junctions therewith, drains [F20 , SUD systems]and sewage treatment works vested in [F2Scottish Water] shall be the property of [F21Scottish 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

F1Words 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)

F2Words 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

F3Words in s. 16(1)(a) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(i); S.S.I. 2007/512, art. 2(c)

F4Words 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

F5Words 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

F6Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F7Words 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

F8S. 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)

F9Words in s. 16(1)(c) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(ii); S.S.I. 2007/512, art. 2(c)

F10Words 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

F11Words in s. 16(1)(cc) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(iii); S.S.I. 2007/512, art. 2(c)

F12Words in s. 16(1)(d) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(iv); S.S.I. 2007/512, art. 2(c)

F13Words in s. 16(1)(e) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(v); S.S.I. 2007/512, art. 2(c)

F14Words in s. 16(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(b)(i); S.S.I. 2007/512, art. 2(c)

F15Words 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)

F16Words 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

F17Words 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

F18Words in s. 16(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(b)(ii); S.S.I. 2007/512, art. 2(c)

F19Words 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

F20Words in s. 16(3) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(c); S.S.I. 2007/512, art. 2(c)

F21Words 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)

C1S. 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)

[F22 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 [F23 Scottish Water ] to construct a sewer not connecting with [F24 its ] sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection [F25 and any sewer or SUD system vested in a person ] 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, [F26 Scottish Water ] may, on such terms and conditions as [F27 it thinks ] fit, at any time enter into an agreement under which the sewer [F28 or SUD system ] , or any part of it, shall vest in [F29 it ] . ]

Textual Amendments

F22S. 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)

F23Words 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

F24Words 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

F25Words in s. 16A(1) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 14(a); S.S.I. 2007/512, art. 2(c)

F26Words 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

F27Words 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

F28Words in s. 16A(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 14(b); S.S.I. 2007/512, art. 2(c)

F29Words 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)

C2S. 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, [F30Scottish Water] may, by agreement with the owner of [F31any private sewage treatment works[F32 or private SUD system ]], or failing such agreement, in pursuance of proposals made by [F33it] under subsection (2) below, take over the works [F34or system ].

(2)[F35Scottish Water] may, by notice served on the owner of works [F36or a SUD system ] as mentioned in the foregoing subsection, intimate [F37its] proposals to take over the works [F38or system] within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if [F39it thinks] fit conditions as to payment of compensation by [F40it], as may be so specified F41... ; 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 [F42Scottish Water] and any conditions so specified either with or without modification or refuse to confirm them.

(4)All works [F43and any SUD system ] taken over by [F44Scottish Water] under this section shall vest in [F45it] 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 [F46or a SUD system ] under this section was lawfully entitled to use them [F47or it] shall continue to be so entitled after they have[F48or it has ] been so taken over.