Part 2

Water and sewerage services

Duty to provide water and sewerage services

Private sewers, SUD systems and sewage treatment works etc.: vesting, takeover and connection conditions
30
1
In section 3A (authorisation of construction of certain private sewers etc.) of the 1968 Act, after subsection (2) insert—
3
An agreement under subsection (2)—
a
is subject to—
i
the condition that the sewer or SUD system or part shall vest in Scottish Water only if the sewer, system or part complies with the construction standards specified by virtue of section 14A and, in the case of a SUD system or part, with the SUD systems requirements specified by virtue of section 14B, so far as applicable,
ii
such further conditions as Scottish Water may require to be included in the agreement by virtue of section 14C(1), and
b
shall not take effect until the person who constructed the sewer or SUD system provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).
2
In section 8 (agreements as to provision of sewers etc. for new premises) of the 1968 Act—
a
after subsection (1) insert—
1A
An agreement under subsection (1) so far as it makes provision for the taking over by Scottish Water of a SUD system or sewage treatment works—
a
is subject to—
i
the condition that the system complies, or the works comply, with the construction standards specified by virtue of section 14A and, in the case of a SUD system, with the SUD systems requirements specified by virtue of section 14B, so far as applicable, and
ii
such further conditions as Scottish Water may require to be included in the agreement by virtue of section 14C(2), and
b
shall not take effect until the person providing the system or works provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).
,
b
subsection (2) is repealed.
3
In section 12 of the 1968 Act (rights of owners and occupiers to connect with and drain into public sewers etc.), after subsection (2) insert—
2A
An owner shall not, under subsection (1), be entitled to connect the owner’s drains, sewers or SUD systems with the sewers, SUD systems or works of Scottish Water unless—
a
the drains, sewers or systems comply with the construction standards specified by virtue of section 14A and, in the case of a SUD system, with the SUD systems requirements specified by virtue of section 14B, so far as applicable, and
b
the owner has, if required to do so under section 14C(3), entered into a connection agreement (within the meaning of that section) and has provided such security as Scottish Water may reasonably require for the performance of the owner’s obligations under the connection agreement.
4
After section 14 of the 1968 Act insert—

Private sewers, SUD systems and sewage treatment works etc.: construction standards
14A
1
In relation to drains, private sewers, private SUD systems and private sewage treatment works, the construction standards referred to in sections 3A(3)(a)(i), 8(1A)(a)(i), 12(2A)(a) and 16A(3)(a)(i) are such standards in relation to the construction of drains, sewers, SUD systems or, as the case may be, sewage treatment works as the Scottish Ministers may, by regulations made by statutory instrument, specify.
2
The standards which may be specified in regulations under subsection (1) include standards specified in or under other enactments.
3
Regulations under subsection (1) may make different provision in relation to different descriptions of person and different cases or descriptions of case.
4
Before making regulations under subsection (1) the Scottish Ministers must consult—
a
Scottish Water, and
b
such other persons as they consider appropriate.
5
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Sustainable urban drainage systems: requirements
14B
1
In relation to SUD systems, the SUD systems requirements referred to in sections 3A(3)(a)(i), 8(1A)(a)(i), 12(2A)(a) and 16A(3)(a)(i) are such requirements in relation to the nature, design and layout of SUD systems as the Scottish Ministers may, by regulations made by statutory instrument, specify.
2
Subsections (3) to (5) of section 14A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

Private sewers, SUD systems and sewage treatment works etc.: vesting conditions, takeover agreements and connection agreements
14C
1
For the purposes of section 3A(3)(a)(ii) or 16A(3)(a)(ii), Scottish Water may require the inclusion in an agreement under subsection (2) of the section in question of conditions (“vesting conditions”) as to—
a
any sum to be paid by Scottish Water to the person who constructed the sewer or SUD system in respect of its construction,
b
the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the sewer or system, including in particular the costs of—
i
complying with section 2, both in relation to the sewer or system and in relation to any public sewers, public SUD systems and public sewage treatment works constructed, and any work carried out, as mentioned in sub-paragraph (iii),
ii
connecting the sewer or system to public sewers, public SUD systems or public sewage treatment works,
iii
constructing such public sewers, public SUD systems and public sewage treatment works, and carrying out such other work, as Scottish Water considers necessary in consequence of the connection of the sewer or system,
and where the agreement under section 3A(2) or, as the case may be, 16A(2) relates only to a part of a sewer or SUD system, the references in paragraphs (a) and (b) of this subsection to the sewer or system shall be read as if they were references to the part.
2
For the purposes of section 8, Scottish Water may require the inclusion in an agreement under subsection (1) of that section, so far as it makes provision for the taking over by Scottish Water of a SUD system or sewage treatment works, of conditions (“takeover conditions”) as to—
a
any sum to be paid by Scottish Water to the person providing the system or works in respect of its or their construction,
b
the liability of that person to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the system or works, including in particular the costs of—
i
complying with section 2, both in relation to the system or works and in relation to any public sewers, public SUD systems and public sewage treatment works constructed, and any work carried out, as mentioned in sub-paragraph (ii),
ii
constructing such public sewers, public SUD systems and public sewage treatment works, and carrying out such other work, as Scottish Water considers necessary in consequence of the taking over of the system or works in pursuance of the agreement.
3
For the purposes of section 12, Scottish Water may require the owner of a drain, sewer or SUD system referred to in subsection (2A) of that section to enter into an agreement (a “connection agreement”) with it as to—
a
any sum to be paid by Scottish Water to the owner in respect of the construction of the drain, sewer or system,
b
the liability of the owner to pay Scottish Water sums in respect of Scottish Water’s costs in relation to the drain, sewer or system, including in particular the costs of—
i
complying with section 2, both in relation to the drain, sewer or system and in relation to any public sewers, public SUD systems and public sewage treatment works constructed, and any work carried out, as mentioned in sub-paragraph (iii),
ii
connecting the drain, sewer or system to public sewers, public SUD systems or public sewage treatment works,
iii
constructing such public sewers, public SUD systems and public sewage treatment works, and carrying out such work in relation to public sewers, public SUD systems and public sewage treatment works, as Scottish Water considers necessary in consequence of the connection of the drain, sewer or system.
4
The Scottish Ministers may by regulations made by statutory instrument make provision as to—
a
the provisions to be included—
i
by virtue of subsection (1), as vesting conditions in an agreement under section 3A(2) or 16A(2),
ii
by virtue of subsection (2), as takeover conditions in an agreement under section 8(1),
iii
by virtue of subsection (3), in a connection agreement,
b
cases in relation to which subsection (1), (2) or (3) does not apply, or applies with modifications.
5
Regulations under subsection (4) may, in particular, make provision—
a
for determining the sum (if any) to be paid by Scottish Water by virtue of subsection (1)(a), (2)(a) or (3)(a),
b
for determining the liability—
i
by virtue of subsection (1)(b), of the person who constructed the sewer or SUD system,
ii
by virtue of subsection (2)(b), of the person providing the SUD system or works,
iii
by virtue of subsection (3)(b), of the owner,
by reference to such matters, criteria and methods of calculation as the regulations may specify,
c
as to when sums due under the vesting conditions, the connection agreement or the takeover conditions are payable,
d
as to the security which Scottish Water is entitled to require under section 3A(3)(b), 8(1A)(b), 12(2A)(b) or 16A(3)(b).
6
Regulations under subsection (4) may make different provision in relation to different descriptions of person and different cases or descriptions of case.
7
A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
5
In section 16A (vesting of certain private sewers) of the 1968 Act, after subsection (2) insert—
3
An agreement under subsection (2)—
a
is subject to—
i
the condition that the sewer or SUD system or part shall vest in Scottish Water only if the sewer, system or part complies with the construction standards specified by virtue of section 14A and, in the case of a SUD system or part, with the SUD systems requirements specified by virtue of section 14B, so far as applicable,
ii
such further conditions as Scottish Water may require to be included in the agreement by virtue of section 14C(1), and
b
shall not take effect until the person who constructed the sewer or SUD system provides such security as Scottish Water may reasonably require for the performance of that person’s obligations under the agreement by virtue of paragraph (a)(ii).