Where by virtue of this Act or anything done thereunder a person is authorised or required to carry out any works, F11Scottish Water may carry out those works at the request of that person and may recover from him F12its reasonable expenses for so doing.

In carrying out such works F13Scottish Water shall have all the rights and powers which the person who made the request as aforesaid would have in relation thereto.

A person who fails to comply with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F20level 3 on the standard scale.

Without prejudice to the provisions of Part II of this Act, no person shall pass or permit to be passed into, or into a drain connecting with, a public sewer F72 , public SUD system or public sewage treatment works any matter or substance which, either alone or in combination with any matter or substance with which it is likely to come into contact while passing through any sewer F73 , SUD system or works, is likely to injure the sewer F73 , SUD system or works, or to interfere with the free flow of their contents, or to affect prejudicially the treatment or disposal of their contents or to be prejudicial to health:

A person who contravenes any of the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding F66 £40,000 F21and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.

Entry to land or premises not being a factory within the meaning of the M1Factories Act 1961, or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless at least 24 hours notice of the intended entry has been given to the occupier.

Before F33entry is made upon land or premises for any of the purposes mentioned in subsection (1)(a) above the F34the authorised person, or F35Scottish Water on his behalf, shall serve notice of the intended entry upon the owner and occupier, who within 14 days of the receipt of the notice may make representations to the Secretary of State, who, having considered any such representations, may authorise the entry either unconditionally or subject to such conditions as he thinks fit, or refuse to authorise it.

Every notice under this subsection shall inform the owner and occupier of their right to make representations to the Secretary of State.

A person carrying out an inspection of documents under subsection (1)(e) above shall have a right to take copies or extracts from the documents.

Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering the land or premises on a subsequent occasion in connection with that purpose.

Any person entitled to enter any land or premises, by virtue of a right of entry or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied land or premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

A person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this section or by a warrant issued thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding F36level 3 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after conviction therefor.

Where work has been carried out on land in pursuance of this section the F37person who carried it out shall, as soon as possible, reinstate the land.

If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted to any land or premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be guilty of an offence under this section.

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F40level 5 on the standard scale.

In paragraph (aa) of subsection (2) above, “ prescribed ” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the M2regulations).

Any appeal to the Secretary of State under this Act shall be made, unless the parties to the appeal otherwise agree, within 28 days of the decision against which the appeal is made.

At the same time as an appellant makes any such appeal under this Act he shall serve a copy of the appeal on F42Scottish Water .

Before disposing of any such appeal the Secretary of State may afford to the appellant and F43Scottish Water an opportunity of appearing before and being heard by a person appointed in that behalf by the Secretary of State.

The decision of the Secretary of State on any such appeal shall be deemed to be the decision of F42Scottish Water from whom the appeal is made.

The decision of the Secretary of State on any such appeal shall be final, but at any stage of the proceedings on the appeal he may, and if so directed by the Court of Session shall, state a case for the opinion of the Court on any question of law arising in those proceedings.

Pending a decision on any appeal to the Secretary of State under Part II of this Act a discharge of trade effluent being made may continue to be made in accordance with the conditions then applying.

The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal.

The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to subsection (2) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any order made thereunder, the provision of this Act, or, as the case may be, of that order, shall have effect in substitution for the local enactment, which shall cease to have effect.

The Secretary of State may by order except from the operation of the foregoing subsection such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any order made thereunder as may be so specified shall not have effect in the areas in which the specified local enactments have effect.

If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (1) above, is inconsistent with any provision of this Act or of any order made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any order made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.

Any order made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The provisions of this section shall apply in relation to any premises belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.

The appropriate authority in relation to any premises and F47Scottish Water may agree that any provisions of this Act specified in the agreement shall apply to those premises and, while the agreement is in force, those provisions shall apply to the premises accordingly, subject however to the terms of the agreement.

Any such agreement as aforesaid may contain such consequential and incidental provisions, including, with the approval of the Treasury, provisions of a financial character, as appear to the appropriate authority to be necessary or equitable, but agreements made by the Crown Estate Commissioners F48or the Scottish Ministers. . . shall not require such approval.

In this Act, unless the context otherwise requires—

• “appointed day” means such day as the Secretary of State may by order made by statutory instrument appoint;

• F49 “ area ”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);

• F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “domestic sewage” in relation to any area or premises means sewage which is not surface water or trade effluent;

• “drain” in relation to premises, means any pipe or drain within the curtilage of those premises used solely for or in connection with the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

• “foul water” means any water contaminated by domestic sewage or trade effluent;

• “function” includes power and duty;

• F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “land” includes land covered with water and any interest or right in or over land;

• “local authority” means a F53regional or islands council;

• “local enactment” means any local Act of Parliament or any provision in any such Act;

• “occupier” means the person in occupation or having the charge, management or control of premises, either on his own account or as the agent of another person;

• “owner” means the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted;

• “private sewage treatment works” means sewage treatment works which are not vested in F54Scottish Water;

• “private sewer” means any sewer which is not a public sewer;

• F67 “ private SUD system ” means any SUD system which is not a public SUD system;

• “public drain” means any drain which is vested in a local authority F55or F54Scottish Water;

• “public sewage treatment works” means sewage treatment works which are vested in F54Scottish Water;

• “public sewer” means any sewer which is vested in F54Scottish Water;

• F67 “ public SUD system ” means any SUD system which is vested in Scottish Water;

• F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F57 “ road ” has the same meaning as in F58 Part IV of the New Roads and Street Works Act 1991 ;

• F67 “ road water ” means the run-off of rainwater from any road for the time being entered in a list of public roads kept by a local roads authority under section 1(1) of the Roads (Scotland) Act 1984;

• “sewage” includes domestic sewage, surface water and trade effluent;

• “sewage treatment works” means any works, apparatus or plant used for the treatment or disposal of sewage, and includes a septic tank F79but does not include a SUD system ;

• “sewer” does not include a drain as defined in this section, but, save as aforesaid, includes all sewers, pipes or drains used for the drainage of buildings and yards appurtenant to buildings;

• F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “surface water” means the run-off of rainwater from roofs and any paved ground surface within the curtilage of premises;

• F67 “ SUD system ” means a sustainable urban drainage system;

• F67 “ sustainable urban drainage system ” means a drainage system which—

  1. a

     facilitates attenuation, settlement or treatment of surface water from 2 or more premises (whether or not together with road water), and

  2. b

     includes one or more of the following: inlet structures, outlet structures, swales, constructed wetlands, ponds, filter trenches, attenuation tanks and detention basins (together with any associated pipes and equipment);

• “trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, including trade waste waters or waters heated in the course of any trade or industry and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises;

• “trade or industry” for the purpose of the definition of “trade effluent” shall include agriculture, horticulture and scientific research or experiment F62the carrying on of a hospital and the provision of a care home service, and for the purpose of the definition of “trade premises” shall include premises used or intended to be used in whole or in part for carrying on agriculture, horticulture or scientific research or experiment, or as a hospital or a F63as accomodation provided by a care home service;

• “trade premises” means any premises used or intended to be used for carrying on any trade or industry.

• F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unless the context otherwise requires any reference in this Act to a drain or to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumping stations, storm water overflow pipes, outfall pipes or other accessories belonging to a drain or sewer, and any reference in this Act to sewage treatment works shall be construed as including a reference to accommodation used in connection therewith, the machinery and equipment of those works and any necessary pumping stations.

Any reference in this Act to the construction of a sewer F80 , SUD system or sewage treatment works shall be construed as including a reference to the extension of an existing sewer F80 , SUD systemor of existing works.

In the definition of “trade or industry” in subsection (1) above, the references to a “care home service” shall be construed in accordance with F81paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).

Unless the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment, including this Act.

The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

The enactments described in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule, and so much of that Schedule as relates to the M4Local Government (Scotland) Act 1947 (so far as relating to the operation and dissolution of special drainage districts) shall come into force on the appointed day.

This Act may be cited as the Sewerage (Scotland) Act 1968 and shall extend to Scotland only.

This Act, except this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and different dates may be appointed under this subsection for different provisions of this Act or for different purposes.

Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the date when that provision comes into force.