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Part IIS Trade Effluents

Control of new dischargesS

32 Review of consents, conditions and refusals.S

(1)[F1Scottish Water] may, and when requested so to do by the occupier of the premises in question shall, by direction review a decision made by [F2it] under section 29 above.

(2)Before making a direction under this section, [F3Scottish Water] shall intimate to the owner and occupier of the premises in question that [F4it proposes] to make such a direction, and [F5its] reasons therefor, and inform the owner and occupier that they may, within 28 days of receipt of the intimation, make representations to [F6it] in respect of the proposals.

(3)Before making such a direction [F7Scottish Water] shall take into account any representations made in pursuance of subsection (2) above.

(4)Section 29 above except subsection (2), and section 30 above except subsection (1) so far as relating to intimation to any F8... other body, shall, with any necessary modifications, apply to such a direction as they apply to a decision under the said section 29.

(5)No review under this section may take place earlier than two years after the making of a decision under the said section 29, and thereafter reviews may take place at intervals of not less than two years, unless in either case [F7Scottish Water] and the applicant otherwise agree in writing.

(6)A direction under this section shall take effect from a date specified therein, but not earlier than 3 months after the date of the direction.

(7)Where a direction is made under this section relating to the discharge of trade effluent from any premises, the occupier of the premises may appeal against the direction to the Secretary of State, who may dispose of the appeal in any way competent to [F7Scottish Water] in making the direction.

Textual Amendments

F1Words in s. 32(1) 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. 32(2) 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

F7Words in s. 32(3)(5)(7) 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

Modifications etc. (not altering text)

C1Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).

Ss. 26-32 applied (30.6.1993) by S.I. 1993/1446, reg. 3(2)(b).