Roads (Scotland) Act 1984

135 Restriction of powers of local authority in whom sewer is vested. S

(1) [F1 Section 134] of this Act (including the provisions of the M1 Town and Country Planning (Scotland) Act 1972 applied by subsection (1) of the said section 134), shall, so far as applicable, apply in relation to the sewers and sewage disposal works of any local authority as they apply in relation to the apparatus of statutory undertakers.

(2) In the said provisions of the said Act of 1972 applied for the purposes of this section, references to the appropriate Minister shall be construed, in relation to a local authority, as references to the Secretary of State.

(3) Where a public sewer is removed in pursuance of a notice or order given or made under section 219 of the said Act of 1972 as applied for the purposes of this section, a person who is the owner or occupier of premises the drains of which communicated with that sewer, or the owner of a private sewer which communicated with that sewer, shall be entitled to recover from the special road authority expenditure for the purpose of

(a) linking his drain or sewer with—

(i) any other public sewer; or

(ii) a private sewage disposal plant; or

(b) constructing a private sewage disposal plant and linking his drain or sewer to that plant,

if that expenditure was reasonably incurred in consequence of the removal.

Textual Amendments

F1 Words in s. 135(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 92; S.I. 1992/2990, art. 2(2), Sch. 2

Marginal Citations

M1 1972 c. 52.