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Water (Scotland) Act 1980
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- 1980 c. 45
- Part VI
- Section 68
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Water (Scotland) Act 1980, Section 68 is up to date with all changes known to be in force on or before 23 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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68 Agreements as to drainage.S
(1)[F1Scottish Water] F2 . . . may enter into agreements—
(a)with the owners and occupiers of any land, in so far as their interest enables them to bind it, or
(b)with a [F3local authority],
with respect to the execution and maintenance by any party to the agreement of such works as [F4Scottish Water considers] necessary for the purpose of draining that land, or for more effectually [F5collecting or conveying] water which [F6it is] for the time being authorised to take:
Provided that where the execution of any such works would result in the discharge of water, otherwise than through public sewers, into any watercourse which is within a fishery district or is subject to the jurisdiction of a navigation authority or from which any public undertakers are authorised by any enactment to take or use water, [F7Scottish Water] F2 . . . shall, before entering into the agreement, consult with the fishery district board or the navigation authority or the undertakers concerned.
(2)An agreement under this section with an owner of land shall, if it is so expressed therein, on being [F8registered in the Land Register of Scotland or recorded in the] Register of Sasines, be binding upon and enforceable against any person subsequently acquiring the land or any estate or interest therein.
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 68(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(35)(a)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F3Words in s. 68(1)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(35(a)(ii); S.I. 1996/323, art. 4(1)(c)
F4Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5Words in s. 68(1) substituted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 31(1), 56(1)(2); S.S.I. 2013/342, art. 2(b)
F6Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F7Words in s. 68(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 42(d) (with s. 67); S.S.I. 2002/118, art. 2(3)
F8Words in s. 68(2) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 21(3) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F9S. 68(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(35)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
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