Part I General Provisions as to Sewerage

Rights and duties of owners and occupiers

14 Direction by local authority as to manner of construction of works.

1

Where the owner of any premises proposes to construct a drain F14, sewer or SUD system in respect of which notice has been given to F1Scottish Water by virtue of section 12(3) above F2... , or sewage treatment works in respect of which notice has been given under subsection (2) below, F3Scottish Water may, if F4it considers that the proposed drain, sewer F15 , SUD system or works is, or is likely to be, needed to form part of a general sewerage system which F5it has provided or propose to provide, within 28 days of the receipt by F6it of the notice direct him to construct the drain, sewer F15 , SUD system or works in a manner differing from that in which he proposes to construct the drain, sewerF15 , SUD system or works.

2

Where the owner of any premises proposes to construct sewage treatment works to serve those premises he shall give notice of his proposals to F7Scottish Water .

3

If a person to whom a direction has been issued under subsection (1) above is aggrieved by the direction, he may appeal to the Secretary of State, who may disallow the direction or allow it with or without modification.

4

A person to whom a direction is issued under this section shall, before commencing any work in pursuance of that direction, give not less than 3 days’ notice to F8Scottish Water so as to enable F9it to supervise the execution of the work and shall afford F9it all reasonable facilities for so doing.

5

F10Where Scottish Water has issued a direction under subsection (1) above, it shall pay to the person constructing the drain, sewerF16, SUD system or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewerF16, SUD system or works become vested in F3Scottish Water, F11it shall also from time to time pay to him so much of any expenses reasonably incurred by him in repairing, operating or maintaining the drain, sewer F16, SUD system or works as may be attributable to F12its direction having been made and complied with, and, if any question arises as to the amount of any payment to be made to him under this subsection, he may refer it by summary application to the sheriff whose decision on the matter shall be final.

6

If any person who under this section has been directed by F1Scottish Water to construct a drain, sewerF17 , SUD system or sewage treatment works in a particular manner constructs them otherwise than in accordance with the terms of the direction, or, if the direction has been modified under subsection (3) above, of the modified direction, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F13level 4 on the standard scale.