nuisance—

a

which constitutes a sewerage nuisance; and

b

in respect of which a sewerage code applies.

10A

Paragraphs 2, 3 and 5 of Schedule 3 to the Environmental Protection Act 1990 (c. 43) apply to the exercise of functions by a local authority under this section as they apply to the exercise of functions under Part III of that Act, with the following modifications—

a

in paragraph 2(1)(a), for “statutory nuisance” substitute “ sewerage nuisance ”

b

in paragraph 2(1)(b) and (4)(b), for “Part III” substitute “ section 26 of the Water Services etc. (Scotland) Act 2005 (asp 3) ”;

c

in paragraph 3(1), for the words from “, on summary conviction” to the end substitute—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

d

in paragraph 3(2), for the words from “, on summary conviction” to the end substitute—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

e

in paragraph 5—

i

for the words “executing Part III” substitute “ exercising functions under section 26 of the Water Services etc. (Scotland) Act 2005 ”;

ii

the words from “(other” to the end are to be disregarded.