Sewerage (Scotland) Act 1968

59 Interpretation

(1) In this Act, unless the context otherwise requires—

• " appointed day " means such day as the Secretary of State may by order made by statutory instrument appoint;

• " area " in relation to a local authority means, in the case of a county council, the landward area of the county and, in the case of a town council, the burgh;

• " authorised officer " means, as respects any council, an officer of the council authorised by them in writing, either generally or specially, to act in matters of any specified kind, or in any specified matter: Provided that the medical officer of health, surveyor and sanitary inspector of a council shall, by virtue of their appointments, be deemed to be authorised officers for the purpose of matters within their respective provinces;

• " burgh rate " has the same meaning as in section 224(1) of the [1947 c. 43.] Local Government (Scotland) Act 1947 ;

• " county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947 ;

• " domestic sewage " in relation to any area or premises means sewage which is not surface water or trade effluent;

• " drain " in relation to premises, means any pipe or drain within the curtilage of those premises used solely for or in connection with the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

• " foul water " means any water contaminated by domestic sewage or trade effluent;

• " function " includes power and duty;

• " land " includes land covered with water and any interest or right in or over land ;

• " local authority " means a county council or a town council;

• " local enactment " means any local Act of Parliament or any provision in any such Act;

• " occupier " means the person in occupation or having the charge, management or control of premises, either on his own account or as the agent of another person;

• " owner " means the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted ;

• " private sewage treatment works " means sewage treatment works which are not vested in a local authority;

• " private sewer " means any sewer which is not a public sewer;

• " public drain " means any drain which is vested in a local authority;

• " public sewage treatment works " means sewage treatment works which are vested in a local authority ;

• " public sewer " means any sewer which is vested in a local authority;

• " river purification authority " has the same meaning as in section 17 of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951;

• " sewage " includes domestic sewage, surface water and trade effluent;

• " sewage treatment works " means any works, apparatus or plant used for the treatment or disposal of sewage, and includes a septic tank ;

• " sewer " does not include a drain as defined in this section, but, save as aforesaid, includes all sewers, pipes or drains used for the drainage of buildings and yards appurtenant to buildings;

• " special district sewer rate " has the same meaning as in section 225(1) of the [1947 c. 43.] Local Government (Scotland) Act 1947;

• " street " includes any road, including a road over any bridge, and any lane, footway, subway, square, court, alley, passage or length of land laid out as a way whether it is for the time being formed as a way or not, irrespective of whether the road or other thing in question is a thoroughfare or not;

• " surface water " means the run-off of rainwater from roofs and any paved ground surface within the curtilage of premises;

• " trade effluent " means any liquid, either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, including trade waste waters or waters heated in the course of any trade or industry and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises;

• " trade or industry " for the purpose of the definition of " trade effluent " shall include agriculture, horticulture and scientific research or experiment and the carrying on of a hospital or a nursing home, and for the purpose of the definition of " trade premises " shall include premises used or intended to be used in whole or in part for carrying on agriculture, horticulture or scientific research or experiment, or as a hospital or a nursing home;

• " trade premises " means any premises used or intended to be used for carrying on any trade or industry.

(2) Unless the context otherwise requires any reference in this Act to a drain or to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumping stations, storm water overflow pipes, outfall pipes or other accessories belonging to a drain or sewer, and any reference in this Act to sewage treatment works shall be construed as including a reference to accommodation used in connection therewith, the machinery and equipment of those works and any necessary pumping stations.

(3) Any reference in this Act to the construction of a sewer or sewage treatment works shall be construed as including a reference to the extension of an existing sewer or of existing works.

(4) Unless the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment, including this Act.