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Sewerage (Scotland) Act 1968
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Changes over time for: Section 16
Changes to legislation:
Sewerage (Scotland) Act 1968, Section 16 is up to date with all changes known to be in force on or before 28 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)
16 Vesting of sewers and other works in local authority.S
(1)[F1There shall vest in [F2Scottish Water]]—
(a)all sewers [F3 , SUD systems] and sewage treatment works constructed by [F4it] at [F5its] expense in pursuance of section 1 above;
(b)all junctions with [F5its] sewers, F6. . . whether constructed at the expense of [F7Scottish Water] or otherwise;
[F8(c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers [F9 and private SUD systems ] connecting with [F5 its ] sewers or sewage treatment works;
(cc) where [F10 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 [F11 and private SUD systems ] , or as the case may be parts of sewers [F11 and systems ] , to which the agreement relates; ]
(d)all sewage treatment works [F12 and SUD systems ] taken over by [F4it] by virtue of an agreement under section 8 above; and
(e)all sewage treatment works [F13and SUD systems]taken over by [F4it] under section 17 below.
(2)Private sewers [F14, private SUD systems ] and junctions with sewers referred to in the foregoing subsection which are completed after [F15[F16the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force] shall vest in [F17Scottish Water]] on the date of their completion, and the works [F18and SUD systems ] referred to in paragraph (e) of the foregoing subsection shall vest in [F19Scottish Water] in accordance with the provisions of section 17 below.
(3)All sewers, junctions therewith, drains [F20 , SUD systems]and sewage treatment works vested in [F2Scottish Water] shall be the property of [F21Scottish 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
F1Words 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)
F2Words 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
F3Words in s. 16(1)(a) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(i); S.S.I. 2007/512, art. 2(c)
F4Words in s. 16(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(a)(i) (with s. 67); S.S.I. 2002/118, art. 2
F5Words in s. 16(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F6Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F7Words 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
F8S. 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)
F9Words in s. 16(1)(c) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(ii); S.S.I. 2007/512, art. 2(c)
F10Words in s. 16(1)(cc) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(a)(iii) (with s. 67); S.S.I. 2002/118, art. 2
F11Words in s. 16(1)(cc) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(iii); S.S.I. 2007/512, art. 2(c)
F12Words in s. 16(1)(d) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(iv); S.S.I. 2007/512, art. 2(c)
F13Words in s. 16(1)(e) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(a)(v); S.S.I. 2007/512, art. 2(c)
F14Words in s. 16(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(b)(i); S.S.I. 2007/512, art. 2(c)
F15Words 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)
F16Words in s. 16(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(b) (with s. 67); S.S.I. 2002/118, art. 2
F17Words in s. 16(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
F18Words in s. 16(2) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(b)(ii); S.S.I. 2007/512, art. 2(c)
F19Words 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
F20Words in s. 16(3) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 13(c); S.S.I. 2007/512, art. 2(c)
F21Words in s. 16(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 20(c) (with s. 67); S.S.I. 2002/118, art. 2
Modifications etc. (not altering text)
C1S. 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)
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