Part 2Provision of water and sewerage services
Offences
5Public sewerage system: offences
I11
Any person who draws sewage from the public sewerage system is guilty of an offence.
I12
Any person who uses the public sewerage system for the disposal of sewage from the premises of another person is guilty of an offence.
I13
Any person who makes arrangements for or in relation to the provision of sewerage to, or disposal of sewage from, the premises of another person through the public sewerage system is guilty of an offence.
I14
Subsections (1) to (3) do not apply to—
a
Scottish Water; or
b
another person if (and to the extent that) the person is acting on behalf of Scottish Water or under its authority.
I15
Subsections (2) and (3) do not apply to a person if (and to the extent that) the person is providing sewerage, or disposing of sewage, with the help of services provided by Scottish Water as described in section 30 of the 2002 Act.
I26
Subsection (3) does not apply to a sewerage services provider where the provider is acting as authorised by the sewerage services licence held by the provider.
I17
The Scottish Ministers may by regulations—
a
specify other circumstances in which subsection (1), (2) or (3) does not apply; or
b
specify that subsection (1), (2) or (3) does not apply—
i
to such other person or to such category of person; and
ii
to such extent and subject to such conditions,
as may be specified in the regulations.
I18
The Scottish Ministers are to consult—
a
Scottish Water;
b
the Commission; and
c
such other persons as they consider appropriate,
on any regulations they propose to make under subsection (7).
I19
It is competent to make regulations under subsection (7) only if the effect of the regulations would not be prejudicial to the exercise of Scottish Water's core functions as respects the provision of sewerage and disposal of sewage.
I110
A person who is guilty of an offence under subsection (1) is liable—
a
on summary conviction, to a fine not exceeding £20,000; or
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
I111
A person who is guilty of an offence under subsection (2) or (3) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
I112
Any contract or other agreement which involves a contravention of subsection (1), (2) or (3) is unenforceable.
I113
In this Part, “sewage” is to be construed in accordance with section 59(1) (interpretation) of the 1968 Act.