12 Rights of owners and occupiers to connect with and drain into public sewers etc.S
(1)Subject to the provisions of this section and of section 14 below, the owner of any premises F1... shall be entitled to connect his drains or [F2, private sewers or private SUD systems ]with the sewers[F3, SUD systems ] or sewage treatment works of [F4Scottish Water] , and the occupier of any such premises shall be entitled
[F5(a)]by means of those drains or private sewers to drain into those sewers or works the domestic sewage[F6, and
(b) by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water,
from those premises . ]
(2) An owner shall not, under the foregoing subsection, be entitled to connect his drains [F7, sewers or SUD systems ]with the sewers[F8, SUD systems ] or works of [F9 Scottish Water ] unless the intervening land is land through which the owner is entitled to construct a drain [F10 , sewer or SUD system ].
(3) The owner of any premises who proposes to connect his drains [F11, sewers or SUD systems ] with the sewers [F12, SUD systems ]or works of [F13 Scottish Water ] , or to alter a drain [F14, sewer or SUD system] connected with such sewer[F15 , system ] or works in such a manner as may interfere with them, shall give to [F16 Scottish Water ] notice of his proposals, and within 28 days of the receipt by [F17 it ] of the notice [F16 Scottish Water ] may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as [F18 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.
(4)[F13 Scottish Water ] shall forthwith intimate to the owner [F19 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 [F19 its ] decision and of his right of appeal under subsection (5) below.
(5)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.
(6) 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 [F20 Scottish Water ] so as to enable [F21 it ] to supervise the execution of the work, and shall afford [F21 it ] all reasonable facilities for so doing.
(7) 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 [F22 road ] , [F23 Scottish Water ] may undertake the work in the [F22 road ] and may recover the expenses reasonably incurred by [F24 it ] in so doing from the person for whom the work was done.
(8) Any person who connects a drain [F25, sewer or SUD system] to the sewers [F26 , SUD systems ] or works of [F13 Scottish Water ] or alters a drain [F25 , 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 [F27 £40,000 ] , and [F28 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 [F29 it ] in so doing.
Textual Amendments
F1 Words in s. 12(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(a)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}
F2 Words in s. 12(1) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(2)(a) ; S.S.I. 2007/512 , art. 2(c)
F3 Words in s. 12(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(2)(b) ; S.S.I. 2007/512 , art. 2(c)
F4 Words in s. 12(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(a)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}
F5 Word in s. 12(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(2)(c) ; S.S.I. 2007/512 , art. 2(c)
F6 Words in s. 12(1) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(2)(d) ; S.S.I. 2007/512 , art. 2(c)
F7 Words in s. 12(2) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(3)(a) ; S.S.I. 2007/512 , art. 2(c)
F8 Word in s. 12(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(3)(b) ; S.S.I. 2007/512 , art. 2(c)
F9 Words in s. 12(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(b) (with s. 67 ); S.S.I 2002/118, {art. 2}
F10 Words in s. 12(2) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(3)(c) ; S.S.I. 2007/512 , art. 2(c)
F11 Words in s. 12(3) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(4)(a) ; S.S.I. 2007/512 , art. 2(c)
F12 Words in s. 12(3) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(4)(b) ; S.S.I. 2007/512 , art. 2(c)
F13 Words in s. 12(3)(4)(8) 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
F14 Words in s. 12(3) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(4)(c) ; S.S.I. 2007/512 , art. 2(c)
F15 Words in s. 12(3) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(4)(d) ; S.S.I. 2007/512 , art. 2(c)
F16 Words in s. 12(3) 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
F17 Word in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(c)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}
F18 Words in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(c)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}
F19 Words in s. 12(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(d) (with s. 67 ); S.S.I 2002/118, {art. 2}
F20 Words in s. 12(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(e)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}
F21 Words in s. 12(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(e)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}
F22 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108) , s. 156(1) , Sch. 9 para. 64(3)
F23 Words in s. 12(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(f)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}
F24 Words in s. 12(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(f)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}
F25 Words in s. 12(8) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(5)(a) ; S.S.I. 2007/512 , art. 2(c)
F26 Words in s. 12(8) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3) , s. 38(1) , Sch. 3 para. 10(5)(b) ; S.S.I. 2007/512 , art. 2(c)
F27 Word in s. 12(8) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) , s. 145(2) , Sch. 2 para. 1(2) ; S.S.I. 2004/420 , art. 3 , Sch. 1
F28 Words in s. 12(8) 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
F29 Word in s. 12(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(g) (with s. 67 ); S.S.I 2002/118, {art. 2}