If it appears to a local authority F1or F2Scottish WaterF2 that as respects any premises in their F3or, as the case may be, its area the drains or sewage treatment works serving such premises (other than drains or works vested in F4Scottish Water) are defective, F5the local authority or, as the case may be, Scottish Water may by notice require the owner or occupier of the premises, within a reasonable time therein specified, to remedy the defect.

If an owner or occupier is aggrieved by a notice under the foregoing subsection he may, within the time specified in the notice, refer the matter by summary application to the sheriff, who may issue such directions as he thinks fit, and whose decision on the matter shall be final.

Where an owner or occupier fails to comply with the terms of a notice under subsection (1) above, or as modified under subsection (2) above, the F6localF6F7authority which served the notice may, after giving not less than 7 days’ notice F8or, where the notice was served by Scottish Water, that body to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them F9or, as the case may be, it in so doing from the person on whom the notice was served, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier:

In this section “defect” includes any obstruction in a drain or sewage treatment works, and “defective” shall be construed accordingly.