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Sewerage (Scotland) Act 1968
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Sewerage (Scotland) Act 1968, Section 15 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A(3) inserted by 2003 asp 3 s. 30(1)
- s. 8(1A) inserted by 2003 asp 3 s. 30(2)(a)
- s. 12(2A) inserted by 2003 asp 3 s. 30(3)
- s. 14A-14C inserted by 2003 asp 3 s. 30(4)
- s. 16A(3) inserted by 2003 asp 3 s. 30(5)
- s. 29A(3)(b) (c) substituted for s. 29A(3)(b) by 2014 asp 3 sch. 3 para. 1(2)(b)
15 Owner or occupier to remedy defects in drains and other works.S
(1)If it appears to a local authority [F1or [F2Scottish Water]] that as respects any premises in their [F3or, as the case may be, its] area the drains[F4 , SUD systems ] or sewage treatment works serving such premises (other than drains [F4 , SUD systems ] or works vested in [F5Scottish Water]) are defective, [F6the 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 [F7local][F8authority which served the notice ] may, after giving not less than 7 days’ notice [F9or, 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 [F10or, 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 [F7local][F11authority in question [F12or, as the case may be, Scottish Water]] may, if they think [F13or it thinks] fit, remit such part of the expenses as seems to them [F10or, as the case may be, it] to be equitable.
(4)If it appears to [F14a local authority or [F2Scottish 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 [F15local] authority [F16which served the notice][F17or, 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 [F18, SUD system ] or sewage treatment works, and “defective” shall be construed accordingly.
Textual Amendments
F1Words in s. 15(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(12)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)
F2Words 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
F3Words in s. 15(1) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(a)(i) (with s. 67); S.S.I. 2002/118, art. 2
F4Words in s. 15(1) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 12(a); S.S.I. 2007/512, art. 2(c)
F5Words in s. 15(1) 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
F6Words in s. 15(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F7Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(i) (with s. 67); S.S.I. 2002/118, art. 2
F8Words 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)
F9Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F10Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F11Words 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)
F12Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(iv) (with s. 67); S.S.I. 2002/118, art. 2
F13Words in s. 15(3) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(b)(v) (with s. 67); S.S.I. 2002/118, art. 2
F14Words 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)
F15Word in s. 15(4)(c) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(c)(i) (with s. 67); S.S.I. 2002/118, art. 2
F16Words 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)
F17Words in s. 15(4)(c) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 19(c)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F18Words in s. 15(5) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 12(b); S.S.I. 2007/512, art. 2(c)
Modifications etc. (not altering text)
C1References 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
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