Search Legislation

Water Environment and Water Services (Scotland) Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 3

 Help about opening options

Alternative versions:

Changes to legislation:

Water Environment and Water Services (Scotland) Act 2003, SCHEDULE 3 is up to date with all changes known to be in force on or before 23 August 2019. 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULE 3SSustainable urban drainage systems: further amendments

(introduced by section 33)

This schedule has no associated Explanatory Notes

The 1968 ActS

1The 1968 Act is amended as follows.

Commencement Information

I1Sch. 3 para. 1 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

2In section 1(1) (duty of Scottish Water to provide for sewerage)—

(a)after “sewers” in the first place where it occurs insert “ and public SUD systems ”,

(b)after “sewers” in the second place where it occurs insert “ and SUD systems ”.

Commencement Information

I2Sch. 3 para. 2 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

3In section 2 (maintenance of public sewers etc.), after “sewers,” insert “ SUD systems, ”.

Commencement Information

I3Sch. 3 para. 3 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

4In section 3 (power to construct public sewers)—

(a)in subsection (1)(a), after “sewer” insert “ or SUD system ”,

(b)in subsection (2), after “sewer” insert “ or SUD system ”.

Commencement Information

I4Sch. 3 para. 4 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

5In section 3A(2) (vesting of privately constructed sewers)—

(a)after “sewer” in the first place where it occurs insert “ or SUD system ”,

(b)after “sewer” in each other place where it occurs insert “ or system ”,

(c)after “sewers” insert “ , SUD systems ”.

Commencement Information

I5Sch. 3 para. 5 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

6In section 4 (Scottish Water may close or alter public sewers etc.)—

(a)after “sewer” in the first and third places where it occurs insert “ , SUD system ”,

(b)after “sewer” in the second and fourth places where it occurs insert “ , system ”.

Commencement Information

I6Sch. 3 para. 6 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

7In section 7(1) (agreements between roads authorities and Scottish Water), after “sewers” insert “ , SUD systems ”.

Commencement Information

I7Sch. 3 para. 7 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

8In section 8(1) (agreements as to provision of sewers etc. for new premises)—

(a)after “sewers” in both places where it occurs insert “ , SUD systems ”,

(b)after “of” in the second place where it occurs insert “ SUD systems and ”.

Commencement Information

I8Sch. 3 para. 8 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

9In section 11(1) (Scottish Water to keep maps of sewers, drains etc.), after “drains” insert “ , SUD systems ”.

Commencement Information

I9Sch. 3 para. 9 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

10(1)Section 12 (rights of owners and occupiers to connect with and drain into public sewers etc.) is amended as follows.S

(2)In subsection (1)—

(a)for “or private sewers” in the first place where those words occur substitute “ , private sewers or private SUD systems ”,

(b)after “sewers” in the second place where it occurs insert “ , SUD systems ”,

(c)after “entitled” in the second place where it occurs insert “ (a) ”,

(d)for “and surface water from those premises” substitute , and

(b)by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water,

from those premises .

(3)In subsection (2)—

(a)for “or sewers” substitute “ , sewers or SUD systems ”,

(b)after “sewers” in the second place where it occurs insert “ , SUD systems ”,

(c)for “or sewer” substitute “ , sewer or SUD system ”.

(4)In subsection (3)—

(a)for “or sewers” substitute “ , sewers or SUD systems ”,

(b)after “sewers” in the second place where it occurs insert “ , SUD systems ”,

(c)for “or sewer” substitute “ , sewer or SUD system ”,

(d)after “sewer” in the second place where it occurs insert “ , system ”.

(5)In subsection (8)—

(a)for “or sewer” in both places where those words occur substitute “ , sewer or SUD system ”,

(b)after “sewers” insert “ , SUD systems ”.

Commencement Information

I10Sch. 3 para. 10 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

11In section 14 (direction by Scottish Water as to manner of construction of works)—

(a)in subsection (1)—

(i)for “or sewer” substitute “ , sewer or SUD system ”,

(ii)after “sewer” in the second, third and fourth places where it occurs insert “ , SUD system ”,

(b)in subsection (5), after “sewer” in each place where it occurs insert “ , SUD system ”,

(c)in subsection (6), after “sewer” insert “ , SUD system ”.

Commencement Information

I11Sch. 3 para. 11 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

12In section 15 (owner or occupier to remedy defects in drains etc.)—

(a)in subsection (1), after “drains” in both places where it occurs insert “ , SUD systems ”,

(b)in subsection (5), after “drain” insert “ , SUD system ”.

Commencement Information

I12Sch. 3 para. 12 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

13In section 16 (vesting of sewers and other works in Scottish Water)—

(a)in subsection (1)—

(i)in paragraph (a), after “sewers” insert “ , SUD systems ”,

(ii)in paragraph (c), after “sewers” in the first place where it occurs insert “ and private SUD systems ”,

(iii)in paragraph (cc), after “sewers” in the first place where it occurs insert “ and private SUD systems ”, and after “sewers” in the second place where it occurs insert “ and systems ”,

(iv)in paragraph (d), after “works” insert “ and SUD systems ”,

(v)in paragraph (e), after “works” insert “ and SUD systems ”,

(b)in subsection (2)—

(i)after “sewers” in the first place where is occurs insert “ , private SUD systems ”,

(ii)after “works” insert “ and SUD systems ”,

(c)in subsection (3), after “drains” insert “ , SUD systems ”.

Commencement Information

I13Sch. 3 para. 13 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

14In section 16A (vesting of certain private sewers)—

(a)in subsection (1), for “or” in the second place where it occurs substitute “ and any sewer or SUD system vested in a person ”,

(b)in subsection (2), after “sewer” insert “ or SUD system ”.

Commencement Information

I14Sch. 3 para. 14 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

15In section 17 (Scottish Water may take over private sewage treatment works)—

(a)in subsection (1)—

(i)after “works” in the first place where it occurs insert “ or private SUD system ”,

(ii)after “works” in the second place where it occurs insert “ or system ”,

(b)in subsection (2)—

(i)after “works” in the first place where it occurs insert “ or a SUD system ”,

(ii)after “works” in the second place where it occurs insert “ or system ”,

(c)in subsection (4), after “works” insert “ and any SUD system ”,

(d)in subsection (5)—

(i)after “works” insert “ or a SUD system ”,

(ii)after “them” insert “ or it ”,

(iii)after “have” insert “ or it has ”,

(e)in subsection (6), after “works” insert “ or a SUD system ”.

Commencement Information

I15Sch. 3 para. 15 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

16In section 21(1) (buildings not to interfere with sewers), after “sewer” insert “ or SUD system ”.

Commencement Information

I16Sch. 3 para. 16 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

17In section 23 (restriction on working minerals)—

(a)after “works” in the first place where it occurs insert “ , public SUD systems ”,

(b)after “works” in every other place where it occurs insert “ , SUD systems ”.

Commencement Information

I17Sch. 3 para. 17 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

18In section 39 (Scottish Water to have right to sewage), after “sewers” insert “ , SUD systems ”.

Commencement Information

I18Sch. 3 para. 18 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

19In section 41 (breaking open of streets etc.), after “sewers” insert “ , SUD systems ”.

Commencement Information

I19Sch. 3 para. 19 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

20In section 45 (production of plans and information)—

(a)after “sewer” in the first and second places where it occurs insert “ , SUD system ”,

(b)after “sewer” in the third and fourth places where it occurs insert “ , system ”.

Commencement Information

I20Sch. 3 para. 20 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

21In section 46 (certain matter not to be passed into drains)—

(a)after “sewer” in the first place where it occurs insert “ , public SUD system ”,

(b)after “sewer” in the second and third places where it occurs insert “ , SUD system ”.

Commencement Information

I21Sch. 3 para. 21 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

22In section 48(1) (powers of entry)—

(a)in paragraph (a), after “of” in the third place where it occurs insert “ a SUD system or ”,

(b)in paragraph (dd)—

(i)after “sewer” in the first place where it occurs insert “ or SUD system ”,

(ii)after “sewer” in the second place where it occurs insert “ or public SUD system ”,

(c)in paragraph (f)—

(i)after “sewers” in the first place where it occurs insert “ , public SUD systems ”,

(ii)after “sewers” in the second place where it occurs insert “ , SUD systems ”.

Commencement Information

I22Sch. 3 para. 22 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

23In section 59 (interpretation)—

(a)in subsection (1), in the definition of “sewage treatment works”, at the end insert “ but does not include a SUD system ”,

(b)in subsection (3), after “sewer” in both places where it occurs insert “ , SUD system ”.

Commencement Information

I23Sch. 3 para. 23 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

24In section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (acquisition of land by agreement for provision of sewerage system), after “sewers” insert “ , sustainable urban drainage systems ”.

Commencement Information

I24Sch. 3 para. 24 in force at 30.11.2007 by S.S.I. 2007/512, art. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources