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Sewerage (Scotland) Act 1968

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Part IS General Provisions as to Sewerage

Duties and powers of local authoritiesS

1 Duty of local authority to provide for sewerage of their area.S

(1)Subject to the provisions of this Act, it shall be the duty of [F1Scottish Water] to provide such public sewers[F2and public SUD systems ] as may be necessary for effectually draining [F3its] area of domestic sewage, surface water and trade effluent, and to make such provision, by means of sewage treatment works or otherwise, as may be necessary for effectually dealing with the contents of [F3its] sewers [F4and SUD systems ].

[F5(2)Without prejudice to the generality of subsection (1) above—

(a)[F6 Scottish Water ] shall, subject to paragraph (b) below, take [F7 its ] public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost;

(b) where [F8 Scottish Water ] have agreed with some other person (in this section referred to as the “ private provider ”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists. ]

(3)The duties imposed by the foregoing subsections shall not require [F9Scottish Water] to do anything which is not practicable at a reasonable cost.

[F10(3A)Subsection (3) shall not apply to such cases or descriptions of case as the Scottish Ministers may direct.

(3B)In determining what is a reasonable cost for the purpose of subsection (3) so far as relating to subsection (2)(a), the costs to be taken into account include the costs of—

(a) constructing such other public sewers, public SUD systems and such public sewage treatment works, and

(b)carrying out such other work,

as Scottish Water considers necessary in consequence of the connection referred to in subsection (2)(a).

(3C)Subject to subsection (3B), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations made by the Scottish Ministers.

(3D)Such regulations may, in particular, make provision as to—

(a)the matters to be taken into, or left out of, account,

(b)the criteria to be applied,

(c)the method of calculation to be adopted,

in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case.]

(4)If any question arises under this section as to whether [F11a reasonable cost has been properly determined in accordance with regulations made under subsection (3C) or ]anything is or is not practicable at a reasonable cost or as to the point or points to which [F12a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider,] must be taken to enable drains or private sewers to be connected therewith at a reasonable cost, the[F13Water Industry Commission for Scotland], if requested to do so by any person aggrieved, shall, after consultation with that person and with [F14[F8Scottish Water], or as the case may be [F15the] private provider, concerned], determine that question, and [F16[F17Scottish Water] or [F15the] private provider] shall give effect to [F18its] determination.

[F19(4A)The Commission—

(a)shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (4) above, and

(b)may from time to time revise the statement.

(4B)In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate.

(4C)The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it.]

F20 [F21( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The power to make regulations under[F22[F23subsection (3C)] above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F24(7)The duties imposed by subsections (1) and (2) above shall not require Scottish Water to do anything which is prejudicial to its compliance with—

(a)any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or

(b)a statement of policy issued under section 29D of that Act.]]

Textual Amendments

F6Words in s. 1(2)(a)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F8Words in s. 1(2)(b)(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

F9Words in s. 1(2)(a)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F12Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F13 Words in s. 1(4) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(a) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

F14Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F16Words in s. 1(4) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(2)(d)(iii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F18 Word in s. 1(4) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(a) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

F19 S. 1(4A)-(4C) inserted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(b) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

F23 Words in s. 1(6) substituted (1.4.2006) by Water Services etc. (Scotland) Act 2005 (asp 3) , ss. 23(1)(d) , 37(2) (with s. 36 ); S.S.I. 2006/167 , art. 2 , Sch. 1 (with art. 3 (1) )

Modifications etc. (not altering text)

C1S. 1: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

2 Maintenance of public sewers and other works.S

Subject to section 4 below, it shall be the duty of [F25Scottish Water] to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers [F26SUD systems, ], sewage treatment works and other works vested in [F27it] by virtue of this Act [F28or of [F29the Water Industry (Scotland) Act 2002 (asp 3)]].

Textual Amendments

F28Words in s. 2 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(3)(b); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C2S. 2 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

3 Construction etc. of public sewers and public sewage treatment works.S

(1)Subject to the provisions of this Act, [F30Scottish Water] may, F31...—

(a)construct a public sewer [F32 or SUD system]—

(i)in, under or over any [F33road], or under any cellar or vault below any [F33road];

(ii)in, on or over any land not forming part of a [F33road];

(b)construct public sewage treatment works in or on any land held by [F34it] or appropriated for the purpose.

(2)Before commencing construction of a sewer [F35 or SUD system ] in, on or over any land not forming part of a [F33road], [F36Scottish Water] shall serve notice of [F37its] intention on the owner and the occupier of land concerned together with a description of the proposed works and of the right to object thereto, and if within 2 months after the service of the notice the owner or the occupier objects to the proposed works, and that objection is not withdrawn, [F38Scottish Water] shall not proceed to execute the works without consent aftermentioned but may refer the matter by summary application to the sheriff who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as he thinks just, or who may withhold his consent, and the decision of the sheriff on the matter shall be final.

(3)Section [F39192] of the Local Government (Scotland) Act [F391973] (service of notices) shall apply to notices [F40served by [F41Scottish Water]] under subsection (2) above relating to land as it applies to notices [F42served by a local authority] relating to premises.

(4)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C3S. 3 applied (with modifications) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3

[F44 3A Authorisation of construction of certain private sewers etc.S

(1) Without prejudice to [F45 its ] powers under section 3 of this Act (including any power to authorise the construction, on [F45 its ] behalf, of a public sewer), [F46 Scottish Water ] may authorise a person to construct, within [F45 its ] area but whether or not connecting with [F45 its ] sewers or sewage treatment works, a sewer—

(a)in, under or over any road, or under any cellar or vault below any road; or

(b)in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier,

but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by [F47 it ] under subsection (1) of that section.

(2)[F48 Scottish Water ] —

(a)in giving authorisation to a person under subsection (1) above; or

(b) as respects any sewer [F49 or SUD system ] (not being a sewer constructed by or on behalf of [F50 Scottish Water ] ) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer [F51 or system ] will connect with [F52 its ] sewers [F53 , SUD systems ] or sewage treatment works, determine (and by written notice advise the person) that all, or a part which [F54 it ] shall specify in the notice, of the sewer [F51 or system ] constructed shall not vest in [F55 it ] through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination [F56 Scottish Water ] may, on such terms and conditions as [F57 it thinks ] fit, then or at some later time enter into an agreement under which the sewer [F51 or system ] , or as the case may be the part, shall vest in [F55 it ] . ]

Textual Amendments

F44S. 3A and sidenote inserted (4.1.1995) by 1994 c. 39, s. 101 (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F46Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F48Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

F50Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.I. 2002/118, art. 2

F56Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C4S. 3A: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

4 Power of local authority to close or alter public sewers etc.S

[F58Scottish Water] may, if [F59it thinks] fit, close, alter, replace or remove any sewer [F60 , SUD system ], sewage treatment works or other works vested in [F61it] by virtue of this Act [F62or of [F63the Water Industry (Scotland) Act 2002 (asp 3)]], but, before any person who is lawfully using the sewer [F64 , system] or works for any purpose is deprived by [F65Scottish Water] of that use, [F66it] shall provide a sewer [F60 , SUD system ]or works equally effective for that use and shall at [F67its] expense carry out any work necessary to connect his drain or private sewer [F64 , system] with the sewer or works so provided.

Textual Amendments

Modifications etc. (not altering text)

C5S. 4 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.

F685. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F68Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

6 Functions outwith the area of a local authority.S

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7 Agreements between highway and local authorities.S

(1)Subject to the provisions of this section, [F70a roads authority] and [F71Scottish Water] may agree, on such terms and conditions as may be specified in the agreement, as to the provision, management, maintenance or use of their sewers [F72 , SUD systems ] or drains for the conveyance of water from the surface of [F73a road] or surface water from premises.

(2)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F75A roads authority or [F76Scottish Water]] shall not unreasonably refuse to enter into an agreement for the purposes of this section or insist unreasonably upon terms or conditions unacceptable to the other party, F77..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not [F78a roads authority or Scottish Water] are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the [F79authority concerned and Scottish Water], shall determine the dispute, and his decision shall be final.

[F80(3A) In the foregoing provisions of this section, “ roads authority ” has the same meaning as in the M1 Roads (Scotland) Act 1984. ]

F81(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Words in s. 7(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F75Words in s. 7(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(7)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F81Ss. 5, 7(4), 18(4)-(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

8 Agreements as to provision of sewers etc. for new premises.S

(1)Subject to subsection (2) below, where [F82Scottish Water is] satisfied that premises are to be constructed within [F83its] area by any person, [F84it] may enter into an agreement with that person as respects the provision by that person or by [F85it] of sewers [F86, SUD systems ]and sewage treatment works to serve those premises, and any such agreement may specify the terms and conditions on which the work is to be carried out, including provision as to the taking over by [F87Scottish Water] of [F88SUD systems and] sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers [F86, SUD systems ] or works, shall be enforceable against [F89Scottish Water] by the owner or occupier of the premises for the time being.

(2)An agreement under the foregoing subsection may only be entered into by [F90Scottish Water] where [F91it has] no duty under section 1 above to provide public sewers to serve the premises.

Textual Amendments

9 Loan of temporary sanitary conveniences.S

Where work is to be carried out in connection with a sewer, drain or sewage treatment works which necessitates the disconnection of water closets or other sanitary conveniences provided for or in connection with premises, [F92Scottish Water] may agree with the occupier of the premises, and on such terms and conditions as may be specified in the agreement, to supply on loan to him temporary sanitary conveniences in substitution for any water closets or other sanitary conveniences so disconnected:

Provided that [F92Scottish Water] shall make no charge for the supply, cleansing or removal of the temporary sanitary conveniences for the first 7 days of the period of loan or where the work is made necessary by a defect in a public sewer.

Textual Amendments

[F9310 Emptying of septic tanks.S

(1)It shall be the duty of [F94Scottish Water] to empty a septic tank serving premises in [F95its] area on [F95its] being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank—

(a)to its being reasonably practicable to empty the tank; and

(b)to all proper charges for [F95its] doing so being timeously paid.

(2)The duty does not extend to septic tanks which receive trade effluent; but [F96Scottish Water] may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as [F97it thinks] fit.

(3)If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final.

(4)For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of [F98the Water Industry (Scotland) Act 2002 (asp 3)]).]

Textual Amendments

F93S. 10 and sidenote substituted (1.4.1996) by 1994 c. 39, s. 102 (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F94Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F96Words in s. 10(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

11 Duty of local authority to keep map showing public sewers etc.S

[F99(1)[F100 Scottish Water ] shall keep deposited at [F101 its ] principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains [F102 , SUD systems ] and sewage treatment works which are vested in [F103 it ] by virtue of this Act or of [F104 the Water Industry (Scotland) Act 2002 (asp 3) ] or in respect of which [F105 it has ] made a determination under section 3A(2) of this Act; and [F106 Scottish Water ] shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as [F106 Scottish Water ] may determine. ]

(2)Where some of the sewers so vested in [F100Scottish Water] are reserved for foul water only or for surface water only, the said map shall show also the purposes which each such sewer is intended to serve.

[F107(3)[F100 Scottish Water ] shall keep deposited at such of [F101 its ] offices, other than [F101 its ] principal office, as [F108 it considers ] appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and [F109 it ] shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, [F110 it does ] in relation to the map mentioned in that subsection at [F101 its ] principal office.

(4) For the purposes of subsection (3) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to [F111 Scottish Water ] to be appropriate having regard to the geographical location of that office. ]

Textual Amendments

F100Words in s. 11(1)(2)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F106Words in s. 11(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I 2002/118, {art. 2}

Rights and duties of owners and occupiersS

12 Rights of owners and occupiers to connect with and drain into public sewers etc.S

(1)Subject to the provisions of this section and of section 14 below, the owner of any premises F112... shall be entitled to connect his drains or [F113, private sewers or private SUD systems ]with the sewers[F114, SUD systems ] or sewage treatment works of [F115Scottish Water] , and the occupier of any such premises shall be entitled

[F116(a)]by means of those drains or private sewers to drain into those sewers or works the domestic sewage[F117, and

(b) by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water,

from those premises . ]

(2) An owner shall not, under the foregoing subsection, be entitled to connect his drains [F118, sewers or SUD systems ]with the sewers[F119, SUD systems ] or works of [F120 Scottish Water ] unless the intervening land is land through which the owner is entitled to construct a drain [F121 , sewer or SUD system ].

(3) The owner of any premises who proposes to connect his drains [F122, sewers or SUD systems ] with the sewers [F123, SUD systems ]or works of [F124 Scottish Water ] , or to alter a drain [F125, sewer or SUD system] connected with such sewer[F126 , system ] or works in such a manner as may interfere with them, shall give to [F127 Scottish Water ] notice of his proposals, and within 28 days of the receipt by [F128 it ] of the notice [F127 Scottish Water ] may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as [F129 it thinks ] fit, and any such permission may in particular specify the mode and point of connection and, where there are separate public sewers for foul water and surface water, prohibit the discharge of foul water into the sewer reserved for surface water, and prohibit the discharge of surface water into the sewer reserved for foul water.

(4)[F124 Scottish Water ] shall forthwith intimate to the owner [F130 its ] decision on any proposals made by him under subsection (3) above, and, where permission is refused, or granted subject to conditions, shall inform him of the reasons for [F130 its ] decision and of his right of appeal under subsection (5) below.

(5)If a person to whom a decision has been given under subsection (4) above is aggrieved by the decision or any conditions attached thereto, he may appeal to the Secretary of State who may confirm the decision and any such conditions either with or without modification or refuse to confirm it.

(6) Where permission has been granted as mentioned in subsection (3) above or by virtue of subsection (5) above, the person to whom it was granted shall, before commencing any work in pursuance of that permission, give not less than 3 days’ notice to [F131 Scottish Water ] so as to enable [F132 it ] to supervise the execution of the work, and shall afford [F132 it ] all reasonable facilities for so doing.

(7) Where any work to be done in pursuance of a permission granted under subsection (3) above or by virtue of subsection (5) above involves the breaking open of a [F133 road ] , [F134 Scottish Water ] may undertake the work in the [F133 road ] and may recover the expenses reasonably incurred by [F135 it ] in so doing from the person for whom the work was done.

(8) Any person who connects a drain [F136, sewer or SUD system] to the sewers [F137 , SUD systems ] or works of [F124 Scottish Water ] or alters a drain [F136 , sewer or SUD system ] without permission granted under this section, or contrary to any conditions attached thereto, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F138 £40,000 ] , and [F139 Scottish Water ] may, whether or not proceedings have been taken under this subsection, close, remove or remake any such unlawful connection, and recover from the offender any expenses reasonably incurred by [F140 it ] in so doing.

Textual Amendments

F112 Words in s. 12(1) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(a)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F115 Words in s. 12(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(a)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F120 Words in s. 12(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(b) (with s. 67 ); S.S.I 2002/118, {art. 2}

F124 Words in s. 12(3)(4)(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 2 (with s. 67 ); S.S.I. 2002/118 , art. 2

F127 Words in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 4 (with s. 67 ); S.S.I. 2002/118 , art. 2

F128 Word in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(c)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F129 Words in s. 12(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(c)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F130 Words in s. 12(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(d) (with s. 67 ); S.S.I 2002/118, {art. 2}

F131 Words in s. 12(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(e)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F132 Words in s. 12(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(e)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F134 Words in s. 12(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(f)(i) (with s. 67 ); S.S.I 2002/118, {art. 2}

F135 Words in s. 12(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(f)(ii) (with s. 67 ); S.S.I 2002/118, {art. 2}

F139 Words in s. 12(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 3 (with s. 67 ); S.S.I. 2002/118 , art. 2

F140 Word in s. 12(8) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3) , s. 71 , Sch. 5 para. 16(g) (with s. 67 ); S.S.I 2002/118, {art. 2}

13 Rights of owners and occupiers to connect with and drain into sewers etc. of another local authority.S

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

14 Direction by local authority as to manner of construction of works.S

(1)Where the owner of any premises proposes to construct a drain [F142, sewer or SUD system ] in respect of which notice has been given to [F143Scottish Water] by virtue of section 12(3) above F144... , or sewage treatment works in respect of which notice has been given under subsection (2) below, [F145Scottish Water] may, if [F146it considers] that the proposed drain, sewer [F147 , SUD system ]or works is, or is likely to be, needed to form part of a general sewerage system which [F148it has] provided or propose to provide, within 28 days of the receipt by [F149it] of the notice direct him to construct the drain, sewer [F147 , SUD system ]or works in a manner differing from that in which he proposes to construct the drain, sewer[F147 , SUD system ] or works.

(2)Where the owner of any premises proposes to construct sewage treatment works to serve those premises he shall give notice of his proposals to [F150Scottish Water] .

(3)If a person to whom a direction has been issued under subsection (1) above is aggrieved by the direction, he may appeal to the Secretary of State, who may disallow the direction or allow it with or without modification.

(4)A person to whom a direction is issued under this section shall, before commencing any work in pursuance of that direction, give not less than 3 days’ notice to [F151Scottish Water] so as to enable [F152it] to supervise the execution of the work and shall afford [F152it] all reasonable facilities for so doing.

(5)[F153Where Scottish Water has issued a direction under subsection (1) above, it] shall pay to the person constructing the drain, sewer[F154, SUD system ] or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewer[F154, SUD system ] or works become vested in [F145Scottish Water], [F155it] shall also from time to time pay to him so much of any expenses reasonably incurred by him in repairing, operating or maintaining the drain, sewer [F154, SUD system ]or works as may be attributable to [F156its] direction having been made and complied with, and, if any question arises as to the amount of any payment to be made to him under this subsection, he may refer it by summary application to the sheriff whose decision on the matter shall be final.

(6)If any person who under this section has been directed by [F143Scottish Water] to construct a drain, sewer[F157 , SUD system] or sewage treatment works in a particular manner constructs them otherwise than in accordance with the terms of the direction, or, if the direction has been modified under subsection (3) above, of the modified direction, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F158level 4 on the standard scale].

Textual Amendments

F143Words in s. 14(1)(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F145Words in s. 14(1)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F149Words in s. 14(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, {Sch. 5 para. 18(a)(iv} (with s. 67); S.S.I. 2002/118, art. 2

15 Owner or occupier to remedy defects in drains and other works.S

(1)If it appears to a local authority [F159or [F160Scottish Water]] that as respects any premises in their [F161or, as the case may be, its] area the drains[F162 , SUD systems ] or sewage treatment works serving such premises (other than drains [F162 , SUD systems ] or works vested in [F163Scottish Water]) are defective, [F164the local authority or, as the case may be, Scottish Water] may by notice require the owner or occupier of the premises, within a reasonable time therein specified, to remedy the defect.

(2)If an owner or occupier is aggrieved by a notice under the foregoing subsection he may, within the time specified in the notice, refer the matter by summary application to the sheriff, who may issue such directions as he thinks fit, and whose decision on the matter shall be final.

(3)Where an owner or occupier fails to comply with the terms of a notice under subsection (1) above, or as modified under subsection (2) above, the [F165local][F166authority which served the notice ] may, after giving not less than 7 days’ notice [F167or, where the notice was served by Scottish Water, that body] to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them [F168or, as the case may be, it] in so doing from the person on whom the notice was served, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier:

Provided that the [F165local][F169authority in question [F170or, as the case may be, Scottish Water]] may, if they think [F171or it thinks] fit, remit such part of the expenses as seems to them [F168or, as the case may be, it] to be equitable.

(4)If it appears to [F172a local authority or [F160Scottish Water] that immediate action is required to remedy a defect], the foregoing provisions of this section shall apply with the following modifications—

(a)the period specified in a notice under subsection (1) shall be 48 hours;

(b)subsection (2) shall not apply; and

(c)the period specified in subsection (3) shall not apply and the [F173local] authority [F174which served the notice][F175or, where the notice was served by Scottish Water, that body] may proceed to carry out the work forthwith.

(5)In this section “defect” includes any obstruction in a drain [F176, SUD system ] or sewage treatment works, and “defective” shall be construed accordingly.

Textual Amendments

F160Words in s. 15(1)(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F166Words in s. 15(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F169Words in proviso to s. 15(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F172Words in s. 15(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F174Words in s. 15(4)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C6References to medical officer of health and sanitary inspector to be construed as references to the proper officer of a local authority: Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2

Vesting of sewers, drains and worksS

16 Vesting of sewers and other works in local authority.S

(1)[F177There shall vest in [F178Scottish Water]]—

(a)all sewers [F179 , SUD systems] and sewage treatment works constructed by [F180it] at [F181its] expense in pursuance of section 1 above;

(b)all junctions with [F181its] sewers, F182. . . whether constructed at the expense of [F183Scottish Water] or otherwise;

[F184(c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers [F185 and private SUD systems ] connecting with [F181 its ] sewers or sewage treatment works;

(cc) where [F186 it enters ] into an agreement under subsection (2) of the said section 3A or under subsection (2) of section 16A of this Act (and subject to the terms of that agreement), all private sewers [F187 and private SUD systems ] , or as the case may be parts of sewers [F187 and systems ] , to which the agreement relates; ]

(d)all sewage treatment works [F188 and SUD systems ] taken over by [F180it] by virtue of an agreement under section 8 above; and

(e)all sewage treatment works [F189and SUD systems]taken over by [F180it] under section 17 below.

(2)Private sewers [F190, private SUD systems ] and junctions with sewers referred to in the foregoing subsection which are completed after [F191[F192the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force] shall vest in [F193Scottish Water]] on the date of their completion, and the works [F194and SUD systems ] referred to in paragraph (e) of the foregoing subsection shall vest in [F195Scottish Water] in accordance with the provisions of section 17 below.

(3)All sewers, junctions therewith, drains [F196 , SUD systems]and sewage treatment works vested in [F178Scottish Water] shall be the property of [F197Scottish Water which] shall be solely responsible for their management, maintenance and renewal.

(4)In this section “junction” means the junction between a public sewer and any other sewer or drain.

Textual Amendments

F177Words in s. 16(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F178Words in s. 16(1)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F183Words in s. 16(1)(b)(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

F184S. 16(1)(c)(cc) substituted for s. 16(1)(c) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(a)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F191Words in s. 16(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(13)(b); S.I. 1996/323, art. 4(1)(b)(c)

F195Words in s. 16(1)(b)(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C7S. 16: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

[F198 16A Vesting of certain private sewers.S

(1) Subject to any agreement entered into under subsection (2) below, there shall vest in a person authorised, under subsection (1) of section 3A of this Act, by [F199 Scottish Water ] to construct a sewer not connecting with [F200 its ] sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection [F201 and any sewer or SUD system vested in a person ] by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal.

(2) Notwithstanding subsection (1) above, [F202 Scottish Water ] may, on such terms and conditions as [F203 it thinks ] fit, at any time enter into an agreement under which the sewer [F204 or SUD system ] , or any part of it, shall vest in [F205 it ] . ]

Textual Amendments

F198S. 16A and sidenote inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(14); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F199Words in s. 16A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F202Words in s. 16A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C8S. 16A: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

17 Local authority may take over private sewage treatment works.S

(1)Subject to the provisions of this section, [F206Scottish Water] may, by agreement with the owner of [F207any private sewage treatment works[F208 or private SUD system ]], or failing such agreement, in pursuance of proposals made by [F209it] under subsection (2) below, take over the works [F210or system ].

(2)[F211Scottish Water] may, by notice served on the owner of works [F212or a SUD system ] as mentioned in the foregoing subsection, intimate [F213its] proposals to take over the works [F214or system] within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if [F215it thinks] fit conditions as to payment of compensation by [F216it], as may be so specified F217... ; any notice served under this subsection shall inform the owner of his right of appeal under subsection (3) below.

(3)If an owner on whom a notice has been served under subsection (2) above is aggrieved by the notice, he may, within the period specified in the notice, appeal to the Secretary of State who may confirm the proposals of [F218Scottish Water] and any conditions so specified either with or without modification or refuse to confirm them.

(4)All works [F219and any SUD system ] taken over by [F220Scottish Water] under this section shall vest in [F221it] in accordance with the terms of any agreement made under subsection (1) above, or failing such agreement, at the end of the period specified under subsection (2) above or on such date as may be specified by the Secretary of State in his decision on an appeal under subsection (3) above.

(5)Subject to the provisions of this Act, a person who immediately before the taking over of works [F222or a SUD system ] under this section was lawfully entitled to use them [F223or it] shall continue to be so entitled after they have[F224or it has ] been so taken over.

(6)An agreement under subsection (1) above or proposals under subsection (2) above may relate to a part only of works [F225or a SUD system ].

Textual Amendments

MiscellaneousS

F22618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227S

Textual Amendments

F227Ss. 5, 7(4), 18(4)—(6), 19 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

20 Compensation for loss etc. resulting from exercise of powers under this Part of this Act.S

(1)Subject to the provisions of this section, [F228Scottish Water] shall make full compensation for any loss, injury or damage sustained by any person by reason of the exercise by [F229Scottish Water] of any of [F230its] powers under this Part of this Act in relation to a matter as to which he has not himself been in default.

(2)Any question arising under this section as to the fact of loss, injury or damage or as to the amount of compensation shall, in the case of dispute, be referred to a single arbiter to be appointed by agreement between the parties or, in default of agreement, by the Secretary of State, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings.

(3)A claim for compensation against [F231Scottish Water] under this section shall not be maintainable unless it is made to [F232Scottish Water] within [F23324] months after the date on which it is alleged to have arisen.

(4)Where an owner of land claims compensation in respect of loss, injury or damage sustained by him by reason of [F228Scottish Water] having, in the exercise of [F234its] powers under this Part of this Act, constructed a sewer in, on or over his land, the arbiter in determining the amount of compensation shall determine also by what amount, if any, the value to the claimant of any land belonging to him has been enhanced by the construction of the sewer, and [F235Scottish Water] shall be entitled to set off that amount against the amount of any compensation awarded.

[F236(5)The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to [F228Scottish Water] constructing a sewer under section 3(1), of this Act.]

Textual Amendments

F228Words in s. 20(1)(4)(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

F233Word in s. 20(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(17)(b); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C9S. 20(5): power to modify conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

21 Buildings not to interfere with sewers.S

F237(1)Unless with the consent of [F238Scottish Water], which shall not be unreasonably withheld, no building shall be erected [F239or embankment constructed] over, or in such a way as to interfere with or to obstruct access to, any sewer [F240or SUD system ] vested in [F241Scottish Water][F242or in respect of which [F243it has] made a determination under section 3A(2) of this Act].

(2)If any question arises as to whether consent under the foregoing subsection has been unreasonably withheld or as to what conditions should be attached to the consent, a person aggrieved may refer the question by summary application to the sheriff, whose decision in the matter shall be final.

(3)In this section “building” has the same meaning as in section [F24455(1) and (2) of the Building (Scotland) Act 2003 (asp 8)].

Textual Amendments

F237S. 21(1): power to modfiy conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F242Words in s. 21(1) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(18)(c); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

22 Protection for statutory undertakers.S

(1)Subject to the provisions of this section, nothing in this Part of this Act shall authorise [F245Scottish Water] to carry out works which will interfere with the carrying on of a statutory undertaking [F246or the running of [F247an electronic communications code network]without the consent of the statutory undertakers concerned or, as the case may be, of the operator of [F248that network].]

(2)Consent under the foregoing subsection shall not be unreasonably withheld, and if any question arises as to whether or not consent is unreasonably withheld or as to what conditions, including payment of compensation, should be attached to the consent, either party may require that it shall be referred to a single arbiter to be appointed, in default of agreement, by the President of the Institution of Civil Engineers, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings.

[F249(2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to [F245 Scottish Water ] constructing a sewer under section 3(1), of this Act. ]

(3)Nothing in this section shall be construed as limiting the powers of [F245Scottish Water] under section 41 below.

(4)In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by [F250section 275(1) of the M2Town and Country Planning (Scotland) Act 1972].

Textual Amendments

F245Words in s. 22(1)(2A)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C12S. 22: power to modify conferred (4.1.1995) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

C13S. 22 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(n); S.I. 2001/869, art. 2

Marginal Citations

23 Restriction on working minerals.S

Sections 71 to 78 of the M3Railways Clauses Consolidation (Scotland) Act 1845 (which restrict the working of minerals, subject to the payment of compensation), as originally enacted and not as amended for certain purposes by section 15 of the M4Mines (Working Facilities and Support) Act 1923, shall apply in relation to

[F251(a) any public sewers, public sewage treatment works [F252 , public SUD systems ] or public drains; and

(b) any sewers, sewage treatment works [F253 , SUD systems ] or drains not vested in [F254 Scottish Water ] but forming (or forming part of) any such system as is mentioned in [F255 section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ] ,

to which they do not already apply, with the substitution—

(i) for references to the railway, of references to the sewers, works [F253 , SUD systems ] or drains; and

(ii) for references to the company, of references to [F256 Scottish Water ] , or as the case may be to the person other than [F254 Scottish Water ] , in whom the sewers, works [F253 , SUD systems ] or drains are vested. ]

Textual Amendments

F251S. 23(a)(b)(i)(ii) substituted (for subparas. (a), (b) and words)(4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(20); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

C14S. 23: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 C. 39, S. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

Marginal Citations

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