An owner shall not, under the foregoing subsection, be entitled to connect his drains F26, sewers or SUD systems with the sewersF27, SUD systems or works of F3 Scottish Water unless the intervening land is land through which the owner is entitled to construct a drain F28 , sewer or SUD system .

The owner of any premises who proposes to connect his drains F21, sewers or SUD systems with the sewers F22, SUD systems or works of F4 Scottish Water , or to alter a drain F29, sewer or SUD system connected with such sewerF23 , system or works in such a manner as may interfere with them, shall give to F5 Scottish Water notice of his proposals, and within 28 days of the receipt by F6 it of the notice F5 Scottish Water may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as F7 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.

F4 Scottish Water shall forthwith intimate to the owner F8 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 F8 its decision and of his right of appeal under subsection (5) below.

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.

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 F9 Scottish Water so as to enable F10 it to supervise the execution of the work, and shall afford F10 it all reasonable facilities for so doing.

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 F11 road , F12 Scottish Water may undertake the work in the F11 road and may recover the expenses reasonably incurred by F13 it in so doing from the person for whom the work was done.

Any person who connects a drain F24, sewer or SUD system to the sewers F25 , SUD systems or works of F4 Scottish Water or alters a drain F24 , sewer or SUD system 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 F16 £40,000 , and F14 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 F15 it in so doing.