Part I General Provisions as to Sewerage
Duties and powers of local authorities
F110 Emptying of septic tanks.
1
It shall be the duty of F2Scottish Water to empty a septic tank serving premises in F3its area on F3its 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 F3its doing so being timeously paid.
2
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 F6the Water Industry (Scotland) Act 2002 (asp 3)).