Water Industry (Scotland) Act 2002

New Roads and Street Works Act 1991 (c. 22)

21 (1) The New Roads and Street Works Act 1922 is amended as follows.

(2) In section 108(6)(a) (the road works authority and other relevant authorities), for the words from “a sewer” to the end substitute “a public sewer, Scottish Water;”.

(3) In section 109(6)(a) (permission to execute works), for the words from “a sewer” to the end substitute “a public sewer, Scottish Water;”.

(4) In section 117(3)(a) (restriction on works following substantial works carried out for roads purposes)—

(a) for “a sewer vested in a sewerage authority” substitute “a public sewer”,

(b) for “that authority” substitute “Scottish Water”.

(5) In section 148 (sewers)—

(a) in subsection (1)—

(i) for “a sewer vested in a sewerage authority” substitute “a public sewer”,

(ii) for “that authority” substitute “Scottish Water”,

(b) in subsection (3)(a)—

(i) for “a sewerage authority” substitute “Scottish Water”,

(ii) for “authority” in the second place where it occurs substitute “body”,

(c) in subsection (4), for “a sewer vested in a sewerage authority” substitute “a public sewer”.

(6) In section 149(4)(a) (provision as to reinstatement of sewers, drains or tunnels), for the words from “a sewer” to “that authority” substitute “a public sewer, Scottish Water”.

(7) In section 164(1) (minor definitions)—

(a) after the definition of “in” insert—

““public sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;”,

(b) the definition of “sewerage authority” is repealed.

(8) In Schedule 6 (roads with special engineering difficulties)—

(a) in paragraph 7(3)(b), for “a sewer vested in a sewerage authority” substitute “a public sewer”,

(b) in paragraph 9—

(i) for “A sewerage authority in whom a sewer is vested” substitute “Scottish Water”,

(ii) for “their sewer” substitute “a public sewer”.