[F1 3A Authorisation of construction of certain private sewers etc.S
(1) Without prejudice to [F2 its ] powers under section 3 of this Act (including any power to authorise the construction, on [F2 its ] behalf, of a public sewer), [F3 Scottish Water ] may authorise a person to construct, within [F2 its ] area but whether or not connecting with [F2 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 [F4 it ] under subsection (1) of that section.
(2)[F5 Scottish Water ] —
(a)in giving authorisation to a person under subsection (1) above; or
(b) as respects any sewer [F6 or SUD system ] (not being a sewer constructed by or on behalf of [F7 Scottish Water ] ) whose construction by a person does not require such authorisation,
may, in a case where the proposed sewer [F8 or system ] will connect with [F9 its ] sewers [F10 , SUD systems ] or sewage treatment works, determine (and by written notice advise the person) that all, or a part which [F11 it ] shall specify in the notice, of the sewer [F8 or system ] constructed shall not vest in [F12 it ] through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination [F13 Scottish Water ] may, on such terms and conditions as [F14 it thinks ] fit, then or at some later time enter into an agreement under which the sewer [F8 or system ] , or as the case may be the part, shall vest in [F12 it ] . ]
Textual Amendments
F1S. 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)
F2Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(i) (with s. 67); S.I. 2002/118, art. 2
F3Words 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
F4Word in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(ii) (with s. 67); S.I. 2002/118, art. 2
F5Words 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
F6Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(a); S.S.I. 2007/512, art. 2(c)
F7Words 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
F8Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(b); S.S.I. 2007/512, art. 2(c)
F9Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(i) (with s. 67); S.I. 2002/118, art. 2
F10Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(c); S.S.I. 2007/512, art. 2(c)
F11Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(ii) (with s. 67); S.I. 2002/118, art. 2
F12Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iii) (with s. 67); S.I. 2002/118, art. 2
F13Words 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
F14Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iv) (with s. 67); S.I. 2002/118, art. 2
Modifications etc. (not altering text)
C1S. 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)