A person who contravenes any of the provisions of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding F6level 3 on the standard scale.

Section 25 of the M1Public Health Act 1936 (under which the erection of buildings over a sewer or drain may be prevented or controlled by a local authority or, on appeal, by a magistrates’ court) shall have effect as if references to a drain included any pipe provided as mentioned in the preceding subsection and as if the reference to the map of sewers required by that Act to be kept deposited at the offices of an authority included any map required by the preceding subsection to be kept available at the offices of the authority.

Section 21 of the M2Sewerage (Scotland) Act 1968 (under which the erection of buldings over a sewer vested in a local authority may be prevented or controlled by the authority or, on appeal, by the sheriff) shall have effect as if the reference to a sewer vested in a local authority included any pipe provided as mentioned in subsection (1) of this section.

References to pipes in the preceding provisions of this section include associated works.

Subject to the following subsection, in this Part of this Act—

• F24“the appropriate Agency” means—

  1. a

     in relation to England F21..., the Environment Agency;

  2. aa

     F23in relation to Wales, the Natural Resources Body for Wales; and

  3. b

     in relation to Scotland, SEPA;

• “associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, inspection chamber and manhole and such other works as are prescribed;

• “collection authority” means the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and “English collection authority” means a collection authority F10of which the area is in the area of an English county disposal authority;

• “controlled waste” means household, industrial and commercial waste or any such waste;

• F11“disposal authority” means the council of a county or metropolitan district in England, the council of a London borough and the Common Council of the City of London, “English county disposal authority” means the council of a county in England and “relevant disposal authority”, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;

• “disposal licence” has the meaning assigned to it by section 3(1) of this Act, and “holder” in relation to such a licence shall be construed in accordance with section 8(3) of this Act;

• “private dwelling” means—

  1. a

     a hereditament or premises used wholly for the purposes of a private dwelling or private dwellings as determined in accordance with Schedule 13 to the M3General Rate Act 1967; and

  2. b

     a caravan as defined in section 29(1) of the M4Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M5Caravan Sites Act 1968) which usually and for the time being is situated on a caravan site within the meaning of that Act;

• “relevant land” means—

  1. a

     in relation to a proposal to issue a disposal licence, the land on which activities may be carried on in pursuance of the licence if it is issued in accordance with the proposal; and

  2. b

     in relation to a disposal licence, the land on which activities may be carried on in pursuance of the licence,

  and references to land in the preceding paragraphs include such water as is mentioned in section 4(4) of this Act;

• F19“waste” has the same meaning as it has in Part II of the Environmental Protection Act 1990 by virtue of section 75(2) of that Act;

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the application of this Part of this Act to Scotland—

• “collection authority” means an islands or district council;

• “disposal authority” means an islands or district council;

• “private dwelling” means—

  1. a

     lands and heritages used wholly or mainly for the purposes of a private dwelling or private dwellings; and

  2. b

     a caravan as defined in section 29(1) of the M6Caravan Sites and Control of Development Act 1960 which usually and for the time being is situated on a caravan site within the meaning of that Act;

• “Scottish collection authority” means a collection authority of which the area is in Scotland;

• “Scottish disposal authority” means a disposal authority of which the area is in Scotland.

Regulations may provide that waste of a prescribed description shall be treated for the purposes of prescribed provisions of this Part of this Act as being or not being household waste or industrial waste or commercial waste; but no regulations shall be made by virtue of the preceding provisions of this subsection in respect of such waste as is mentioned in paragraph (c)(ii) of the preceding subsection and references in those provisions and in the preceding subsection to waste do not include sewage except so far as regulations provide otherwise.

In this subsection “sewage” includes matter in or from a privy within the meaning of section 12(5) of this Act.