Public Health etc. (Scotland) Act 2008

115 Sewerage nuisance: local authority powers

(1) Section 26 of the Water Services etc. (Scotland) Act 2005 (asp 3) is amended as follows.

(2) In subsection (10), for the words from “nuisance” in the second place where it appears to the end, substitute “nuisance—

(a) which constitutes a sewerage nuisance; and

(b) in respect of which a sewerage code applies.”.

(3) After that subsection, insert—

“(10A) Paragraphs 2, 3 and 5 of Schedule 3 to the Environmental Protection Act 1990 (c. 43) apply to the exercise of functions by a local authority under this section as they apply to the exercise of functions under Part III of that Act, with the following modifications—

(a) in paragraph 2(1)(a), for “statutory nuisance” substitute “sewerage nuisance”;

(b) in paragraph 2(1)(b) and (4)(b), for “Part III” substitute “section 26 of the Water Services etc. (Scotland) Act 2005 (asp 3)”;

(c) in paragraph 3(1), for the words from “, on summary conviction” to the end substitute—

“(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.”;

(d) in paragraph 3(2), for the words from “, on summary conviction” to the end substitute—

“(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.”;

(e) in paragraph 5—

(i) for the words “executing Part III” substitute “exercising functions under section 26 of the Water Services etc. (Scotland) Act 2005”;

(ii) the words from “(other” to the end are to be disregarded.”.