(1)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.
(2)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.
(3)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 [F6localF6][F7authority 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:
Provided that the [F6localF6][F10authority in question [F11or, as the case may be, Scottish WaterF11]] may, if they think [F12or it thinks] fit, remit such part of the expenses as seems to them [F9or, as the case may be, it] to be equitable.
(4)If it appears to [F13a local authority or [F2Scottish Water]F2 that immediate action is required to remedy a defect], the foregoing provisions of this section shall apply with the following modifications—
(a)the period specified in a notice under subsection (1) shall be 48 hours;
(b)subsection (2) shall not apply; and
(c)the period specified in subsection (3) shall not apply and the [F14local] authority [F15which served the notice][F16or, where the notice was served by Scottish Water, that body] may proceed to carry out the work forthwith.
(5)In this section “defect” includes any obstruction in a drain or sewage treatment works, and “defective” shall be construed accordingly.
Textual Amendments
F1Words in s. 15(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)
F2Words in s. 15(1)(4) 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
F3Words in s. 15(1) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(a)(i) (with s. 67); S.S.I. 2002/118, art. 2
F4Words in s. 15(1) 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
F5Words in s. 15(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F6Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(i) (with s. 67); S.S.I. 2002/118, art. 2
F7Words in s. 15(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)
F8Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F9Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F10Words in proviso to s. 15(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)
F11Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2
F12Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(v) (with s. 67); S.S.I. 2002/118, art. 2
F13Words in s. 15(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)
F14Word in s. 15(4)(c) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(c)(i) (with s. 67); S.S.I. 2002/118, art. 2
F15Words in s. 15(4)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)
F16Words in s. 15(4)(c) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2
Modifications etc. (not altering text)
C1References to medical officer of health and sanitary inspector to be construed as references to the proper officer of a local authority: Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2