(1)If it appears to a local authority that as respects any premises in their area the drains or sewage treatment works serving such premises (other than drains or works vested in the authority) are defective, they may by notice require the owner or occupier of the premises, within a reasonable time therein specified, to remedy the defect.
(2)If an owner or occupier is aggrieved by a notice under the foregoing subsection he may, within the time specified in the notice, refer the matter by summary application to the sheriff, who may issue such directions as he thinks fit, and whose decision on the matter shall be final.
(3)Where an owner or occupier fails to comply with the terms of a notice under subsection (1) above, or as modified under subsection (2) above, the local authority may, after giving not less than 7 days’ notice to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them in so doing from the person on whom the notice was served, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier:
Provided that the local authority may, if they think fit, remit such part of the expenses as seems to them to be equitable.
(4)If it appears to the medical officer of health or sanitary inspector that immediate action is required to remedy a defect, and he so certifies in writing to the local authority, the foregoing provisions of this section shall apply with the following modifications—
(a)the period specified in a notice under subsection (1) shall be 48 hours;
(b)subsection (2) shall not apply; and
(c)the period specified in subsection (3) shall not apply and the authority may proceed to carry out the work forthwith.
(5)In this section “defect” includes any obstruction in a drain or sewage treatment works, and “defective” shall be construed accordingly.
Modifications etc. (not altering text)
C1References to medical officer of health and sanitary inspector to be construed as references to the proper officer of a local authority: Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2