(1)Where the owner of any premises proposes to construct a drain [F1, sewer or SUD system ] in respect of which notice has been given to [F2Scottish Water] by virtue of section 12(3) above F3... , or sewage treatment works in respect of which notice has been given under subsection (2) below, [F4Scottish Water] may, if [F5it considers] that the proposed drain, sewer [F6 , SUD system ]or works is, or is likely to be, needed to form part of a general sewerage system which [F7it has] provided or propose to provide, within 28 days of the receipt by [F8it] of the notice direct him to construct the drain, sewer [F6 , SUD system ]or works in a manner differing from that in which he proposes to construct the drain, sewer[F6 , 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 [F9Scottish 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 [F10Scottish Water] so as to enable [F11it] to supervise the execution of the work and shall afford [F11it] all reasonable facilities for so doing.
(5)[F12Where Scottish Water has issued a direction under subsection (1) above, it] shall pay to the person constructing the drain, sewer[F13, SUD system ] or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewer[F13, SUD system ] or works become vested in [F4Scottish Water], [F14it] 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 [F13, SUD system ]or works as may be attributable to [F15its] 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 [F2Scottish Water] to construct a drain, sewer[F16 , 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 [F17level 4 on the standard scale].
Textual Amendments
F1Words in s. 14(1) substituted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 11(a)(i); S.S.I. 2007/512, art. 2(c)
F2Words in s. 14(1)(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2
F3Words in s. 14(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(a)(i) (with s. 67); S.S.I. 2002/118, art. 2
F4Words in s. 14(1)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F5Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F6Words in s. 14(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 11(a)(ii); S.S.I. 2007/512, art. 2(c)
F7Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F8Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, {Sch. 5 para. 18(a)(iv} (with s. 67); S.S.I. 2002/118, art. 2
F9Words in s. 14(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(b) (with s. 67); S.S.I. 2002/118, art. 2
F10Words in s. 14(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(c)(i) (with s. 67); S.S.I. 2002/118, art. 2
F11Words in s. 14(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F12Words in s. 14(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(d)(i) (with s. 67); S.S.I. 2002/118, art. 2
F13Words in s. 14(5) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 11(b); S.S.I. 2007/512, art. 2(c)
F14Words in s. 14(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(d)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F15Words in s. 14(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 18(d)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F16Words in s. 14(6) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 11(c); S.S.I. 2007/512, art. 2(c)
F17Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G