- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Water Services etc. (Scotland) Act 2005, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Any person who draws sewage from the public sewerage system is guilty of an offence.
(2)Any person who uses the public sewerage system for the disposal of sewage from the premises of another person is guilty of an offence.
(3)Any person who makes arrangements for or in relation to the provision of sewerage to, or disposal of sewage from, the premises of another person through the public sewerage system is guilty of an offence.
(4)Subsections (1) to (3) do not apply to—
(a)Scottish Water; or
(b)another person if (and to the extent that) the person is acting on behalf of Scottish Water or under its authority.
(5)Subsections (2) and (3) do not apply to a person if (and to the extent that) the person is providing sewerage, or disposing of sewage, with the help of services provided by Scottish Water as described in section 30 of the 2002 Act.
(6)Subsection (3) does not apply to a sewerage services provider where the provider is acting as authorised by the sewerage services licence held by the provider.
(7)The Scottish Ministers may by regulations—
(a)specify other circumstances in which subsection (1), (2) or (3) does not apply; or
(b)specify that subsection (1), (2) or (3) does not apply—
(i)to such other person or to such category of person; and
(ii)to such extent and subject to such conditions,
as may be specified in the regulations.
(8)The Scottish Ministers are to consult—
(a)Scottish Water;
(b)the Commission; and
(c)such other persons as they consider appropriate,
on any regulations they propose to make under subsection (7).
(9)It is competent to make regulations under subsection (7) only if the effect of the regulations would not be prejudicial to the exercise of Scottish Water's core functions as respects the provision of sewerage and disposal of sewage.
(10)A person who is guilty of an offence under subsection (1) is liable—
(a)on summary conviction, to a fine not exceeding £20,000; or
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
(11)A person who is guilty of an offence under subsection (2) or (3) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(12)Any contract or other agreement which involves a contravention of subsection (1), (2) or (3) is unenforceable.
(13)In this Part, “sewage” is to be construed in accordance with section 59(1) (interpretation) of the 1968 Act.
Commencement Information
I1S. 5(1)-(5)(7)-(13) in force at 20.6.2005 by S.S.I. 2005/351, art. 2, Sch. 1
I2S. 5(6) in force at 7.9.2006 by S.S.I. 2006/445, art. 2, Sch.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: