46AOffence as to fat, oil or grease

1

A person commits an offence if—

a

the person passes, or permits to be passed, any relevant substance from trade premises into—

i

a public sewer, or

ii

a drain connecting with such a sewer, and

b

the condition in subsection (2) is met.

2

The condition is that the relevant substance (alone or in combination with any matter with which it comes, or may come, into contact)—

a

interferes with, or is likely to interfere with, the free flow of the contents of the sewer, or

b

adversely affects, or is likely so to affect, the treatment or disposal of the contents of the sewer.

3

But no offence is committed under subsection (1) if the relevant substance is passed in accordance with the provisions of Part II of this Act.

4

In subsections (1) to (3), “relevant substance” means fat, oil or grease.

5

A person who commits an offence under subsection (1) is liable—

a

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

46BDamage caused by fat, oil or grease

1

Subsection (5) applies if—

a

an owner or occupier of trade premises passes, or permits to be passed, any relevant substance from the premises into—

i

a public sewer, or

ii

a drain connecting with such a sewer, and

b

the condition in subsection (2) is met.

2

The condition is that, as a result—

a

the sewer or drain is damaged or blocked, or

b

the free flow of the contents of the sewer is otherwise interfered with.

3

But subsection (5) does not apply if the relevant substance is passed in accordance with the provisions of Part II of this Act.

4

In subsections (1) and (3), “relevant substance” means fat, oil or grease.

5

Scottish Water may recover, from the owner or (as the case may be) occupier, any expenses that it reasonably incurs in investigating or remedying the damage, blockage or interference.