Sewerage (Scotland) Act 1968

Part III S Miscellaneous and General

39 Local authority to have right to sewage. S

[F1 Scottish Water] shall have right to all sewage discharged into [F2 its] sewers [F3 , SUD systems ] or sewage treatment works and to the contents of any septic tank emptied by [F4 it] under section 10(1) above and may process, sell or otherwise dispose of such sewage or contents.

Textual Amendments

F1 Words in s. 39 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

F2 Words in s. 39 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 35(a) (with s. 67); S.S.I. 2002/118, art. 2

F3 Words in s. 39 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 18; S.S.I. 2007/512, art. 2(c)

F4 Words in s. 39 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 35(b) (with s. 67); S.S.I. 2002/118, art. 2

F5 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 S. 40 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(23), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

41 Breaking open of streets, etc. S

Subject to the provisions of the [F6 Part IV of the New Roads and Street Works Act 1991], [F7 Scottish Water or any] other person may, for the purpose of taking any action or executing work authorised or required by this Act in relation to sewers [F8 , SUD systems ], drains or sewage treatment works, break open [F9 any road, any bridge carrying a road,] and any cellar [F10 , vault, sewer, drain or tunnel in or under a road], and may remove and use the soil or other materials in or under any such [F11 road]:

Provided that [F12 Scottish Water or, as the case may be, that person] shall, in the exercise of the powers conferred by this section, cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by the sheriff summarily, whose decision in the matter shall be final.

Textual Amendments

F6 Words in s. 41 substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part IV para. 103(2); S.I. 1992/2990, art. 2(2), Sch. 2

F7 Words in s. 41 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 36(a) (with s. 67); S.S.I. 2002/118, art. 2

F8 Words in s. 41 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 19; S.S.I. 2007/512, art. 2(c)

F9 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(4)(a)

F10 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(4)(b)

F11 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(4)(c)

F12 Words in s. 41 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 36(b) (with s. 67); S.S.I. 2002/118, art. 2

Modifications etc. (not altering text)

C1 S. 41 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.

42 Execution of works by local authorities for other persons. S

(1) Where by virtue of this Act or anything done thereunder a person is authorised or required to carry out any works, [F13 Scottish Water] may carry out those works at the request of that person and may recover from him [F14 its] reasonable expenses for so doing.

(2) In carrying out such works [F15 Scottish Water] shall have all the rights and powers which the person who made the request as aforesaid would have in relation thereto.

Textual Amendments

F13 Words in s. 42(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 37(a) (with s. 67); S.S.I. 2002/118, art. 2

F14 Words in s. 42(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 37(b) (with s. 67); S.S.I. 2002/118, art. 2

F15 Words in s. 24(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

43 Power to require occupier to permit works to be executed by owner. S

If on a complaint by the owner of any premises it appears to the sheriff that the occupier of those premises prevents the owner from executing any work which he is required or authorised to execute by or under this Act, the sheriff may authorise the owner to enter the premises for the purpose of executing the work.

44 Power of local authorities to require information as to ownership etc. of premises. S

[F16 Scottish Water] may, for the purpose of enabling [F17 it] to perform any of [F18 its] functions under this Act, require the occupier or owner of any premises to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner, tenant, heritable creditor or otherwise, and any person who having been required by a local authority in pursuance of this section to give [F17 it] any information fails to give [F17 it] that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F19 level 3 on the standard scale].

Textual Amendments

F16 Words in s. 44 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

F17 Words in s. 44 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 38(a) (with s. 67); S.S.I. 2002/118, art. 2

F18 Words in s. 44 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 38(b) (with s. 67); S.S.I. 2002/118, art. 2

F19 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 6 para. 41 and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 44 shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 3 on the standard scale instead of a fine not exceeding £20

45 Production of plans and furnishing of information to authorities. S

(1) The owner or occupier of any land on or under which is situated any sewer [F20 , SUD system ] or drain used or intended to be used for discharging any sewage into a sewer [F20 , SUD system ] or sewage treatment works of [F21 Scottish Water] shall, when requested in writing so to do by [F22 Scottish Water]—

(a) produce to [F22 Scottish Water] all such plans of the sewer [F23 , system ]or drain as the owner or occupier, as the case may be, possesses or is able without unreasonable expense to obtain, and allow copies of the plans so produced by him to be made by, or under the direction of, [F22 Scottish Water], and

(b) furnish to [F22 Scottish Water] all such information as the owner or occupier, as the case may be, can reasonably be expected to supply with respect to the sewer [F23 , system ] or drain and any sewage discharged therefrom.

(2) A person who fails to comply with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F24 level 3 on the standard scale].

Textual Amendments

F20 Words in s. 45 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 20(a); S.S.I. 2007/512, art. 2(c)

F21 Words in s. 45 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

F22 Words in s. 45(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

F23 Words in s. 45 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 20(b); S.S.I. 2007/512, art. 2(c)

F24 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

46 Certain matter not to be passed into drains. S

(1) Without prejudice to the provisions of Part II of this Act, no person shall pass or permit to be passed into, or into a drain connecting with, a public sewer [F25 , public SUD system ] or public sewage treatment works any matter or substance which, either alone or in combination with any matter or substance with which it is likely to come into contact while passing through any sewer [F26 , SUD system ] or works, is likely to injure the sewer [F26 , SUD system ] or works, or to interfere with the free flow of their contents, or to affect prejudicially the treatment or disposal of their contents or to be prejudicial to health:

Provided that it shall be a defence for any person charged with an offence under this section if he proves that at the time he so passed or permitted to be passed the matter or substance concerned he did not know, and could not reasonably be expected to know, that it would be likely to have the aforementioned effects.

(2) A person who contravenes any of the provisions of this section shall be guilty of an offence and liable on summary conviction to [F27 imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both)] [F28 and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment].

[F29 (3) This section does not apply in relation to the passing of fat, oil or grease from trade premises into a public sewer or a drain connecting with such a sewer.]

Textual Amendments

F25 Words in s. 46 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 21(a); S.S.I. 2007/512, art. 2(c)

F26 Words in s. 46 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 21(b); S.S.I. 2007/512, art. 2(c)

F27 Words in s. 46(2) substituted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 35(1)(a), 56(1)(2); S.S.I. 2013/342, art. 2(c)

F28 Words added by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 25(b)

F29 S. 46(3) inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 35(1)(b), 56(1)(2); S.S.I. 2013/342, art. 2(c)

[F30 46A Offence as to fat, oil or grease S

(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).

Textual Amendments

F30 Ss. 46A, 46B inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 35(2), 56(1)(2); S.S.I. 2013/342, art. 2(c)

46B Damage caused by fat, oil or grease S

(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.]

Textual Amendments

F30 Ss. 46A, 46B inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 35(2), 56(1)(2); S.S.I. 2013/342, art. 2(c)

F31 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F31 S. 47 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(23), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

48 Powers of entry. S

(1) Subject to the provisions of this section, [F32 any person duly authorised by [F33 Scottish Water](whether or not an employee of [F34 Scottish Water] and whether such authorisation is special or general)] shall, on producing if so required some duly authenticated document showing his authority, have a right to enter any land or premises at all reasonable hours for the purpose of—

(a) surveying land or boring or carrying out other works in order to ascertain the suitability of the land for the laying of a sewer or the construction of [F35 a SUD system or ] other works under this Act;

(b) ascertaining whether there is or has been on or in connection with the land or premises any contravention of the provisions of this Act or of any conditions imposed thereunder;

(c) ascertaining whether or not circumstances exist which would authorise [F34 Scottish Water] to take any action or execute any work under this Act;

(d) taking any action or executing any work authorised or required by this Act to be taken or executed by [F34 Scottish Water][F36 or which may be authorised by [F37 it] under section 3A of this Act];

[F38 (dd) inspecting, maintaining, repairing, cleansing, emptying, ventilating or renewing any sewer [F39 or SUD system ] which is not a public sewer [F40 or public SUD system ] but forms part of any such system as is mentioned in [F41 section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ] ; ]

(e) inspecting any records and other documents and apparatus which [F34 Scottish Water] may reasonably require to inspect for the purpose of exercising any of [F42 its] functions under this Act;

(f) [F43 monitoring, inspecting, testing or] taking away for analysis samples of sewage or any other matter or substance which is passing from the premises into [F44 —

(i) public sewers [F45 , public SUD systems ] or public sewage treatment works; or

(ii) sewers [F46 , SUD systems ] or sewage treatment works not vested in [F33 Scottish Water ] but forming (or forming part of) any such system as is mentioned in the said [F47 section 46(1)(b)(ii) ] . ]

[F48 (g) installing or maintaining any monitoring, testing or sampling equipment for use on the premises,

(h) investigating the source of any matter or substance (other than sewage) which is passing from the premises into—

(i) public sewers, public SUD systems or public sewage treatment works; or

(ii) sewers, SUD systems or sewage treatment works not vested in Scottish Water but forming (or forming part of) any such system as is mentioned in the said section 46(1)(b)(ii).]

(2) Entry to land or premises not being a factory within the meaning of the M1 Factories Act 1961, or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless at least 24 hours notice of the intended entry has been given to the occupier.

(3) Before [F49 entry is made] upon land or premises for any of the purposes mentioned in subsection (1)(a) above the [F50 the authorised person, or [F51 Scottish Water] on his behalf,] shall serve notice of the intended entry upon the owner and occupier, who within 14 days of the receipt of the notice may make representations to the Secretary of State, who, having considered any such representations, may authorise the entry either unconditionally or subject to such conditions as he thinks fit, or refuse to authorise it.

Every notice under this subsection shall inform the owner and occupier of their right to make representations to the Secretary of State.

(4) A person carrying out an inspection of documents under subsection (1)(e) above shall have a right to take copies or extracts from the documents.

(5) Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering the land or premises on a subsequent occasion in connection with that purpose.

(6) If it is shown to the satisfaction of the sheriff, or a magistrate or justice of the peace having jurisdiction in the place where the land or premises are situated, on a sworn information in writing—

(a) that admission to land or premises which any person is entitled to enter by virtue of this section has been refused to that person, or that refusal is apprehended, or that the land or premises are unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, or that the application for admission would defeat the object of the entry, and

(b) that there are reasonable grounds for entry to the land or premises for any purpose for which the right of entry is exercisable

the sheriff, magistrate or justice may by warrant under his hand authorise that person to enter the land or premises if need be by force.

(7) Any person entitled to enter any land or premises, by virtue of a right of entry or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied land or premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(8) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(9) A person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this section or by a warrant issued thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F52 level 3 on the standard scale] and to a further fine not exceeding £5 for each day on which the offence continues after conviction therefor.

(10) Where work has been carried out on land in pursuance of this section the [F53 person who carried it out] shall, as soon as possible, reinstate the land.

Textual Amendments

F32 Words in s. 48(1) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F33 Words in s. 48(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

F34 Words in s. 48(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

F35 Words in s. 48(1)(a) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 22(a); S.S.I. 2007/512, art. 2(c)

F36 Words in s. 48(1)(d) added (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F37 Word in s. 48(1)(d) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 39(a) (with s. 67); S.S.I. 2002/118, art. 2

F38 S. 48(1)(dd) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(iii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F39 Words in s. 48(1)(dd) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 22(b)(i); S.S.I. 2007/512, art. 2(c)

F40 Words in s. 48(1)(dd) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 22(b)(ii); S.S.I. 2007/512, art. 2(c)

F41 Words in s. 48(1)(dd) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 39(b) (with s. 67); S.S.I. 2002/118, art. 2

F42 Word in s. 48(1)(e) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 39(c) (with s. 67); S.S.I. 2002/118, art. 2

F43 Words in s. 48(1)(f) inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 36(a), 56(1)(2); S.S.I. 2013/342, art. 2(c)

F44 Paras. (i)(ii) substituted for words in s. 48(1)(f) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(a)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F45 Words in s. 48(1)(f)(i) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 22(c)(i); S.S.I. 2007/512, art. 2(c)

F46 Words in s. 48(1)(f)(ii) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 22(c)(ii); S.S.I. 2007/512, art. 2(c)

F47 Words in s. 48(1)(f)(ii) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 39(d) (with s. 67); S.S.I. 2002/118, art. 2

F48 S. 48(1)(g)(h) inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 36(b), 56(1)(2); S.S.I. 2013/342, art. 2(c)

F49 Words in s. 48(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(b)(i); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F50 Words in s. 48(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(b)(ii); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F51 Words in s. 48(3) 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

F52 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 6 para. 42 and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 48(9) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale and £5 per day which the offence continues instead of a fine not exceeding £20

F53 Words in s. 48(10) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(24)(c); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Modifications etc. (not altering text)

C2 S. 48: power to modify conferred (temp. from 4.1.995 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

M1 1961 c. 34.

F54 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F54 S. 49 repealed (1.4.1996) by 1995 c. 25, ss. 111(1)(b), 120(3), Sch. 24. (with ss 7(6), 115, 117); S.I. 1996/186, art. 3(viii)

50 Restriction on disclosure of information. S

(1) If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted to any land or premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be guilty of an offence under this section.

(2) If any person discloses any information which has been furnished to him under this Act, he shall be guilty of an offence under this section, unless the disclosure is made—

(a) with the consent of the person by whom the information was furnished; or

[F55 (aa) in prescribed circumstances or for prescribed purposes; or]

(b) in connection with the execution of this Act; or

(c) for the purposes of any proceedings arising out of this Act, or of any criminal proceedings whether so arising or not, or for the purpose of any report of any such proceedings.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding [F56 level 5 on the standard scale].

[F57 (4) In paragraph (aa) of subsection (2) above, “ prescribed ” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

(5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the M2 regulations). ]

Textual Amendments

F55 S. 50(2)(aa) inserted (4.1.1995) by 1994 c. 39, s. 104(a) (with s. 74(4)); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

F56 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 6 para. 43 and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 50(3) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 5 on the standard scale instead of a fine not exceeding £100

F57 S. 50(4)(5)(6) added (4.1.1995) by 1994 c. 39, s. 104(b) (with s. 74(4)); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)

Marginal Citations

M2 S.I. 1992/3240.

51 Procedure on appeals to Secretary of State. S

(1) Any appeal to the Secretary of State under this Act shall be made, unless the parties to the appeal otherwise agree, within 28 days of the decision against which the appeal is made.

(2) At the same time as an appellant makes any such appeal under this Act he shall serve a copy of the appeal on [F58 Scottish Water] .

(3) Before disposing of any such appeal the Secretary of State may afford to the appellant and [F59 Scottish Water] an opportunity of appearing before and being heard by a person appointed in that behalf by the Secretary of State.

(4) The decision of the Secretary of State on any such appeal shall be deemed to be the decision of [F58 Scottish Water] from whom the appeal is made.

(5) The decision of the Secretary of State on any such appeal shall be final, but at any stage of the proceedings on the appeal he may, and if so directed by the Court of Session shall, state a case for the opinion of the Court on any question of law arising in those proceedings.

(6) Pending a decision on any appeal to the Secretary of State under Part II of this Act a discharge of trade effluent being made may continue to be made in accordance with the conditions then applying.

[F60 (7) The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal.

(8) The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F58 Words in s. 51(2)(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

F59 Words in s. 51(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

F60 S 51(7)(8) added (17.7.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(25)(b); S.I. 1995/1898, art. 2(c)(d)

F61 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F61 S. 52 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(26), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

53 Notices etc. to be in writing. S

All notices, directions, decisions, applications, appeals and agreements given or made under this Act by [F62 Scottish Water], or an owner, occupier or prospective occupier of premises, and other documents which are given, made, served, authorised or required under this Act shall be in writing.

Textual Amendments

F62 Words in s. 53 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

54 Local enactments. S

(1) Subject to subsection (2) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any order made thereunder, the provision of this Act, or, as the case may be, of that order, shall have effect in substitution for the local enactment, which shall cease to have effect.

(2) The Secretary of State may by order except from the operation of the foregoing subsection such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any order made thereunder as may be so specified shall not have effect in the areas in which the specified local enactments have effect.

(3) If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (1) above, is inconsistent with any provision of this Act or of any order made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any order made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.

(4) Any order made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

55 Application of Act to Crown premises. S

(1) The provisions of this section shall apply in relation to any premises belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.

(2) The appropriate authority in relation to any premises and [F63 Scottish Water] may agree that any provisions of this Act specified in the agreement shall apply to those premises and, while the agreement is in force, those provisions shall apply to the premises accordingly, subject however to the terms of the agreement.

(3) Any such agreement as aforesaid may contain such consequential and incidental provisions, including, with the approval of the Treasury, provisions of a financial character, as appear to the appropriate authority to be necessary or equitable, but agreements made by the Crown Estate Commissioners[F64 , the relevant person] [F65 or the Scottish Ministers]. . . shall not require such approval.

(4) In this section “the appropriate authority” means—

(a) in the case of premises belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the premises in question [F66 or the relevant person] ; and

(b) in the case of premises belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and, if any question arises as to what authority is the appropriate authority in relation to any premises, that question shall be referred to the Treasury, whose decision shall be final.

[F67 (5) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.]

Textual Amendments

F63 Words in s. 55(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 40 (with s. 67); S.S.I. 2002/118, art. 2

F64 Words in s. 55(3) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 14(a)

F65 Words in s. 55(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 47 (with art. 5); S.I. 1998/3178, art. 3

F66 Words in s. 55(4)(a) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 14(b)

F67 S. 55(5) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 14(c)

Modifications etc. (not altering text)

C3 S. 55(4): certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3

56 Saving for Coast Protection Act 1949. S

Nothing in this Act shall affect the application to any operation of sections 34 to 36 of the M3 Coast Protection Act 1949 (restriction of works detrimental to navigation).

Marginal Citations

M3 1949 c. 74.

57 Expenses. S

There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other Act.

58 Orders. S

Any power conferred on the Secretary of State by this Act to make an order shall include power, exercisable in like manner and subject to the same conditions, to vary or revoke the order by a subsequent order.

59 Interpretation. S

F68 (1) In this Act, unless the context otherwise requires—

• “appointed day” means such day as the Secretary of State may by order made by statutory instrument appoint;

• [F69 “ area ”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39); ]

• F69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “domestic sewage” in relation to any area or premises means sewage which is not surface water or trade effluent;

• “drain” in relation to premises, means any pipe or drain within the curtilage of those premises used solely for or in connection with the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

• “foul water” means any water contaminated by domestic sewage or trade effluent;

• “function” includes power and duty;

• F72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “land” includes land covered with water and any interest or right in or over land;

• “local authority” means a [F73 regional or islands] council;

• “local enactment” means any local Act of Parliament or any provision in any such Act;

• “occupier” means the person in occupation or having the charge, management or control of premises, either on his own account or as the agent of another person;

• “owner” means the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted;

• “private sewage treatment works” means sewage treatment works which are not vested in [F74 Scottish Water];

• “private sewer” means any sewer which is not a public sewer;

• [F68 “ private SUD system ” means any SUD system which is not a public SUD system; ]

• “public drain” means any drain which is vested in a local authority [F75 or [F74 Scottish Water]];

• “public sewage treatment works” means sewage treatment works which are vested in [F74 Scottish Water];

• “public sewer” means any sewer which is vested in [F74 Scottish Water];

• [F68 “ public SUD system ” means any SUD system which is vested in Scottish Water; ]

• F76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F77 “ road ” has the same meaning as in [F78 Part IV of the New Roads and Street Works Act 1991 ] ; ]

• [F68 “ road water ” means the run-off of rainwater from any road for the time being entered in a list of public roads kept by a local roads authority under section 1(1) of the Roads (Scotland) Act 1984; ]

• “sewage” includes domestic sewage, surface water and trade effluent;

• “sewage treatment works” means any works, apparatus or plant used for the treatment or disposal of sewage, and includes a septic tank [F79 but does not include a SUD system ];

• “sewer” does not include a drain as defined in this section, but, save as aforesaid, includes all sewers, pipes or drains used for the drainage of buildings and yards appurtenant to buildings;

• F80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “surface water” means the run-off of rainwater from roofs and any paved ground surface within the curtilage of premises;

• [F68 “ SUD system ” means a sustainable urban drainage system; ]

• [F68 “ sustainable urban drainage system ” means a drainage system which—

  (a)

  facilitates attenuation, settlement or treatment of surface water from 2 or more premises (whether or not together with road water), and

  (b)

  includes one or more of the following: inlet structures, outlet structures, swales, constructed wetlands, ponds, filter trenches, attenuation tanks and detention basins (together with any associated pipes and equipment);]

• “trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, including trade waste waters or waters heated in the course of any trade or industry and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises;

• “trade or industry” for the purpose of the definition of “trade effluent” shall include agriculture, horticulture and scientific research or experiment [F83 the carrying on of a hospital and the provision of a care home service], and for the purpose of the definition of “trade premises” shall include premises used or intended to be used in whole or in part for carrying on agriculture, horticulture or scientific research or experiment, or as a hospital or a [F84 as accomodation provided by a care home service];

• “trade premises” means any premises used or intended to be used for carrying on any trade or industry.

• F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Unless the context otherwise requires any reference in this Act to a drain or to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumping stations, storm water overflow pipes, outfall pipes or other accessories belonging to a drain or sewer, and any reference in this Act to sewage treatment works shall be construed as including a reference to accommodation used in connection therewith, the machinery and equipment of those works and any necessary pumping stations.

(3) Any reference in this Act to the construction of a sewer [F86 , SUD system] or sewage treatment works shall be construed as including a reference to the extension of an existing sewer [F86 , SUD system]or of existing works.

[F87 (3A) In the definition of “trade or industry” in subsection (1) above, the references to a “care home service” shall be construed in accordance with [F88 paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8).]

(4) Unless the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment, including this Act.

Textual Amendments

F68 Words in s. 59(1) inserted (6.3.2006 for specified purposes, 30.11.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 33(1), 38(1) (with s. 35(2)); S.S.I. 2006/55, art. 2(c); S.S.I. 2007/512, art. 2(a)

F69 S. 59(1): definition of "area" substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 41(a) (with s. 67); S.S.I. 2002/118, art. 2

F70 Definitions of

“authorised officer”

and

“local authority”

in s. 59(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(28)(b), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F71 Definitions repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F72 Definitions of “general rate” and “regional rate” repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

F73 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 182

F74 S. 59(1): words in definitions of "private sewage treatment works", "public drain", "public sewage treatment works" and "public sewer" substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 41(b) (with s. 67); S.S.I. 2002/118, art. 2

F75 Words in definition of

“public drain”

in s. 59(1) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(28)(d); S.I. 1996/323, art. 4(1)(b)(c)

F76 Definition of

“river purification authority”

in s. 59(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 12(1)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(viii)

F77 Definition of “road” inserted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(5)(a)

F78 Words in s. 59(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part IV, para. 103(3); S.I. 1992/2990, art. 2(2), Sch. 2

F79 Words in s. 59(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 23(a); S.S.I. 2007/512, art. 2(c)

F80 S. 59(1): definition of "sewerage authority" repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 41(c) (with s. 67); S.S.I. 2002/118, art. 2

F81 Definition repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F82 Definition of “street” repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 64(5)(b), Sch. 11

F83 S. 59(1): words in definition of "trade or industry" substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 3(a)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F84 S. 59(1): words in definition of "trade or industry" substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 3(a)(ii); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F85 Definition of

“trunk road”

in s. 59(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 75(28)(g), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F86 Words in s. 59(3) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 23(b); S.S.I. 2007/512, art. 2(c)

F87 S. 59(3A) inserted (27.3.2002) by 2001 asp 8, s. 79, Sch. 3 para. 3(b); S.S.I 2002/162, {art. 2(h)} (subject to arts. 3-13)

F88 Words in s. 59(3A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 2

Modifications etc. (not altering text)

C4 References to medical officer of health, surveyor, 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

60 Amendments and repeals. S

(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2) The enactments described in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule, and so much of that Schedule as relates to the M4 Local Government (Scotland) Act 1947 (so far as relating to the operation and dissolution of special drainage districts) shall come into force on the appointed day.

Modifications etc. (not altering text)

C5 The text of s. 60(1)(2), Sch. 1 paras. 2—4, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1947 c. 43.

61 Short title, extent and commencement. S

(1) This Act may be cited as the Sewerage (Scotland) Act 1968 and shall extend to Scotland only.

(2) This Act, except this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and different dates may be appointed under this subsection for different provisions of this Act or for different purposes.

(3) Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the date when that provision comes into force.

Modifications etc. (not altering text)

C6 Power of appointment conferred by s. 61(2) fully exercised: S.I. 1972/363