Sewerage (Scotland) Act 1968

Subject to the provisions of this Act, it shall be the duty of F1Scottish Water to provide such public sewers as may be necessary for effectually draining F2its 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 F2its sewers.

The duties imposed by the foregoing subsections shall not require F7Scottish Water to do anything which is not practicable at a reasonable cost.

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

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.

If any question arises under this section as to whether F342a 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 F8a 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, theF345Water Industry Commission for Scotland, if requested to do so by any person aggrieved, shall, after consultation with that person and with F9F6Scottish Water, or as the case may be F10the private provider, concerned, determine that question, and F11F12Scottish Water or F10the private provider shall give effect to F346its determination.

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

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The power to make regulations underF347subsection (3C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Before commencing construction of a sewer in, on or over any land not forming part of a F20road, F22Scottish Water shall serve notice of F23its 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, F24Scottish 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.

Section F25192 of the Local Government (Scotland) Act F25M11973 (service of notices) shall apply to notices F26served by F27Scottish WaterF27 under subsection (2) above relating to land as it applies to notices F28served by a local authority relating to premises.

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to the provisions of this section, F51a roads authority and F52Scottish 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 or drains for the conveyance of water from the surface of F53a road or surface water from premises.

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55A roads authority or F56Scottish WaterF56 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, F57..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not F58a roads authority or Scottish Water are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the F59authority concerned and Scottish Water, shall determine the dispute, and his decision shall be final.

In the foregoing provisions of this section, “roads authority” has the same meaning as in the M2Roads (Scotland) Act 1984.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to subsection (2) below, where F62Scottish Water is satisfied that premises are to be constructed within F63its area by any person, F64it may enter into an agreement with that person as respects the provision by that person or by F65it of sewers 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 F66Scottish Water of sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers or works, shall be enforceable against F67Scottish Water by the owner or occupier of the premises for the time being.

An agreement under the foregoing subsection may only be entered into by F68Scottish Water where F69it has no duty under section 1 above to provide public sewers to serve the premises.

The duty does not extend to septic tanks which receive trade effluent; but F74Scottish WaterF74 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 F75it thinksF75 fit.

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.

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 F76the Water Industry (Scotland) Act 2002 (asp 3)F76).

F78Scottish WaterF78 shall keep deposited at F79itsF79 principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in F80itF80 by virtue of this Act or of F81the Water Industry (Scotland) Act 2002 (asp 3)F81 or in respect of which F82it hasF82 made a determination under section 3A(2) of this Act; and F83Scottish WaterF83 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 F83Scottish WaterF83 may determine.

Where some of the sewers so vested in F78Scottish 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.

F78Scottish WaterF78 shall keep deposited at such of F79itsF79 offices, other than F79itsF79 principal office, as F85it considersF85 appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and F86itF86 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, F87it doesF87 in relation to the map mentioned in that subsection at F79itsF79 principal office.

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 F88Scottish WaterF88 to be appropriate having regard to the geographical location of that office.

Subject to the provisions of this section and of section 14 below, the owner of any premises F89... shall be entitled to connect his drains or private sewers with the sewers or sewage treatment works of F90Scottish Water , and the occupier of any such premises shall be entitled by means of those drains or private sewers to drain into those sewers or works the domestic sewage and surface water from those premises.

An owner shall not, under the foregoing subsection, be entitled to connect his drains or sewers with the sewers or works of F91Scottish Water unless the intervening land is land through which the owner is entitled to construct a drain or sewer.

The owner of any premises who proposes to connect his drains or sewers with the sewers or works of F92Scottish Water, or to alter a drain or sewer connected with such sewer or works in such a manner as may interfere with them, shall give to F93Scottish Water notice of his proposals, and within 28 days of the receipt by F94it of the notice F93Scottish Water may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as F95it 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.

F92Scottish Water shall forthwith intimate to the owner F96its 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 F96its decision and of his right of appeal under subsection (5) below.

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.

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 F97Scottish Water so as to enable F98it to supervise the execution of the work, and shall afford F98it all reasonable facilities for so doing.

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 F99road, F100Scottish Water may undertake the work in the F99road and may recover the expenses reasonably incurred by F101it in so doing from the person for whom the work was done.

Any person who connects a drain or sewer to the sewers or works of F92Scottish Water or alters a drain or sewer 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 F336£40,000 , and F102Scottish 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 F103it in so doing.

Where the owner of any premises proposes to construct a drain or sewer in respect of which notice has been given to F105Scottish Water by virtue of section 12(3) above F106... , or sewage treatment works in respect of which notice has been given under subsection (2) below, F107Scottish Water may, if F108it considers that the proposed drain, sewer or works is, or is likely to be, needed to form part of a general sewerage system which F109it has provided or propose to provide, within 28 days of the receipt by F110it of the notice direct him to construct the drain, sewer or works in a manner differing from that in which he proposes to construct the drain, sewer or works.

Where the owner of any premises proposes to construct sewage treatment works to serve those premises he shall give notice of his proposals to F111Scottish Water .

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.

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 F112Scottish Water so as to enable F113it to supervise the execution of the work and shall afford F113it all reasonable facilities for so doing.

F114Where Scottish Water has issued a direction under subsection (1) above, it shall pay to the person constructing the drain, sewer or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewer or works become vested in F107Scottish Water, F115it 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 or works as may be attributable to F116its 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.

If any person who under this section has been directed by F105Scottish Water to construct a drain, sewer 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 F117level 4 on the standard scale.

If it appears to a local authority F118or F119Scottish WaterF119 that as respects any premises in their F120or, as the case may be, its area the drains or sewage treatment works serving such premises (other than drains or works vested in F121Scottish Water) are defective, F122the 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.

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.

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 F123localF123F124authority which served the notice may, after giving not less than 7 days’ notice F125or, 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 F126or, 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:

In this section “defect” includes any obstruction in a drain or sewage treatment works, and “defective” shall be construed accordingly.

Private sewers and junctions with sewers referred to in the foregoing subsection which are completed after F142F143the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into forceF143 shall vest in F144Scottish WaterF144 on the date of their completion, and the works referred to in paragraph (e) of the foregoing subsection shall vest in F145Scottish Water in accordance with the provisions of section 17 below.

All sewers, junctions therewith, drains and sewage treatment works vested in F135Scottish Water shall be the property of F146Scottish Water which shall be solely responsible for their management, maintenance and renewal.

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

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 F148Scottish WaterF148 to construct a sewer not connecting with F149itsF149 sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection or by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal.

Notwithstanding subsection (1) above, F150Scottish WaterF150 may, on such terms and conditions as F151it thinksF151 fit, at any time enter into an agreement under which the sewer, or any part of it, shall vest in F152itF152 .

Subject to the provisions of this section, F153Scottish Water may, by agreement with the owner of F154any private sewage treatment works, or failing such agreement, in pursuance of proposals made by F155it under subsection (2) below, take over the works.

F156Scottish Water may, by notice served on the owner of works as mentioned in the foregoing subsection, intimate F157its proposals to take over the works within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if F158it thinks fit conditions as to payment of compensation by F159it, as may be so specified F160... ; any notice served under this subsection shall inform the owner of his right of appeal under subsection (3) below.

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 F161Scottish Water and any conditions so specified either with or without modification or refuse to confirm them.

All works taken over by F162Scottish Water under this section shall vest in F163it 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.

Subject to the provisions of this Act, a person who immediately before the taking over of works under this section was lawfully entitled to use them shall continue to be so entitled after they have been so taken over.

An agreement under subsection (1) above or proposals under subsection (2) above may relate to a part only of works.

Subject to the provisions of this section, F166Scottish Water shall make full compensation for any loss, injury or damage sustained by any person by reason of the exercise by F167Scottish Water of any of F168its powers under this Part of this Act in relation to a matter as to which he has not himself been in default.

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.

A claim for compensation against F169Scottish Water under this section shall not be maintainable unless it is made to F170Scottish Water within F17124 months after the date on which it is alleged to have arisen.

Where an owner of land claims compensation in respect of loss, injury or damage sustained by him by reason of F166Scottish Water having, in the exercise of F172its 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 F173Scottish Water shall be entitled to set off that amount against the amount of any compensation awarded.

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 F166Scottish WaterF166 constructing a sewer under section 3(1), of this Act.

Unless with the consent of F176Scottish Water, which shall not be unreasonably withheld, no building shall be erected F177or embankment constructed over, or in such a way as to interfere with or to obstruct access to, any sewer vested in F178Scottish WaterF179or in respect of which F180it has made a determination under section 3A(2) of this Act.

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.

In this section “building” has the same meaning as in section F33955(1) and (2) of the Building (Scotland) Act 2003 (asp 8).

Subject to the provisions of this section, nothing in this Part of this Act shall authorise F181Scottish Water to carry out works which will interfere with the carrying on of a statutory undertaking F182or the running of F330an electronic communications code networkwithout the consent of the statutory undertakers concerned or, as the case may be, of the operator of F331that network.

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.

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 F181Scottish Water constructing a sewer under section 3(1), of this Act.

Nothing in this section shall be construed as limiting the powers of F181Scottish Water under section 41 below.

In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by F184section 275(1) of the M3Town and Country Planning (Scotland) Act 1972.

Subject to the provisions of this Act, the occupier of any trade premises within the area of F189Scottish Water may discharge into the sewers or sewage treatment works of F190Scottish Water any trade effluent from those premises.

Any occupier of trade premises who discharges trade effluent into the sewers or sewage treatment works of F189Scottish Water without the consent of F190Scottish Water, where such consent is required, or contrary to any direction given or condition imposed by virtue of any provision of this Part of this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding F337£40,000 .

An application for the consent of F194Scottish Water under section 26 above shall be made by serving a notice on F195Scottish Water(hereafter in this Part of this Act referred to as a “trade effluent notice”).

Where the person applying for the consent of F195Scottish Water is not the owner of the premises, he shall, at the same time as serving a trade effluent notice on F195Scottish Water under subsection (1) above, send a copy of the notice to the owner of the premises and inform him that he may make representations in respect of the application to F195Scottish Water within 28 days of receipt of the copy.

F195Scottish Water before making a decision on an application shall take into account any representations made in pursuance of subsections (3) and (4) above.

F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An application for the consent of F199Scottish Water under section 26 above shall, subject to the following subsection, be decided by F200it and intimated in accordance with section 30 below within a period of 3 months of the receipt by F200it of a trade effluent notice.

Any such application which has been the subject of a reference to the Secretary of State under section 27(6) above shall be decided and so intimated by F201Scottish Water within a period of 28 days of the receipt by F200it of the Secretary of State’s decision under the said section 27(6).

F202Scottish Water in F203its decision on an application under section 26 above may refuse F203its consent or F204it may grant F203its consent either unconditionally or subject to such conditions as F204it may think fit to impose.

Where F205Scottish Water has failed to intimate F206its decision on an application within the 3 month period referred to in subsection (1), or, as the case may be, the 28 day period referred to in subsection (2), of section 28 above, F207it shall be deemed to have made a decision on the last day of that period refusing F206its consent to the application.

A consent granted under this section, and (where such consent is granted subject to any conditions) all or any of the conditions, may be made to take effect as from a specified date or for a specified period, being not less than two years, or both as from a specified date and for such a specified period.

Any decision of F213Scottish Water under this section shall continue to be effective notwithstanding that there has been a change of ownership or occupancy of the premises to which the decision relates.

Where an application under section 26 above is for the consent of F208Scottish Water to an increase of volume or rate of discharge of a discharge which is already being made lawfully. no decision of F208Scottish Water under this section shall have the effect of restricting the discharge already being made.

In this section, any reference to a sewer or sewers includes a reference to sewage treatment works, and “harbour” has the same meaning as in section 57 of the M6Harbours Act 1964.

F214Scottish Water shall intimate F215its decision under section 29 above, and the reasons therefor, to the owner and occupier or prospective occupier of the trade premises in question and to any F216... other body to which a copy of the trade effluent notice was sent under section 27(4) above.

F219Scottish Water may, and when requested so to do by the occupier of the premises in question shall, by direction review a decision made by F220it under section 29 above.

Before making a direction under this section, F221Scottish Water shall intimate to the owner and occupier of the premises in question that F222it proposes to make such a direction, and F223its reasons therefor, and inform the owner and occupier that they may, within 28 days of receipt of the intimation, make representations to F224it in respect of the proposals.

Before making such a direction F225Scottish Water shall take into account any representations made in pursuance of subsection (2) above.

Section 29 above except subsection (2), and section 30 above except subsection (1) so far as relating to intimation to any F226... other body, shall, with any necessary modifications, apply to such a direction as they apply to a decision under the said section 29.

No review under this section may take place earlier than two years after the making of a decision under the said section 29, and thereafter reviews may take place at intervals of not less than two years, unless in either case F225Scottish Water and the applicant otherwise agree in writing.

A direction under this section shall take effect from a date specified therein, but not earlier than 3 months after the date of the direction.

Where a direction is made under this section relating to the discharge of trade effluent from any premises, the occupier of the premises may appeal against the direction to the Secretary of State, who may dispose of the appeal in any way competent to F225Scottish Water in making the direction.

In this Part of this Act, “existing discharge” means a discharge of trade effluent from trade premises into the sewers or sewage treatment works of a local authority which was lawfully made within the period of two years ending on the date of the commencement of this section:

Any dispute between F227Scottish Water and the person making the discharge as to whether the discharge is an existing discharge shall be determined by the sheriff, against whose determination an appeal shall lie to the Court of Session.

F231Scottish Water may, and when requested by the person making the discharge shall, review the making of an existing discharge and may direct that any continuation of the discharge shall be either unconditional or subject to such conditions as F232it may think fit to impose.

F233Scottish Water may by direction from time to time, and when requested by the person making the discharge shall, review a direction under the foregoing subsection, but, unless F234Scottish Water and the person making the discharge otherwise agree in writing, reviews under this subsection shall not take place at intervals of less than two years.

Section 29 above, except subsection (1) so far as relating to the refusal of consent and subsection (2), and section 30 above shall, with any necessary modifications, apply to a direction under this section as they apply to a decision under the said section 29; and subsections (2), (3) and (6), and subject to subsection (4) below, subsection (7) of section 32 above, shall apply to such a direction as they apply to a direction under the said section 32.

Where F235Scottish Water has directed under subsection (1) above that the continuation of the discharge shall be subject to conditions imposed by F236it which did not previously apply to the making of the discharge, and an appeal is made against the imposition of those conditions, it shall be for F237Scottish Water to establish that the circumstances of the making of the discharge or its reception, treatment or disposal are so altered as compared with those pertaining before the date of the commencement of section 33 above that it is reasonable that those conditions should be imposed.

F238Scottish Water may enter into an agreement with the owner or occupier of any trade premises within F239its area for the reception, treatment or disposal by F240it of any trade effluent produced on those premises.

The reference in the foregoing subsection to an agreement shall include a reference to an agreement varying or renewing an existing agreement, whether that existing agreement was entered into before or after the commencement of this section.

Where F238Scottish Water propose to enter into an agreement under this section with an occupier who is not also the owner of trade premises, F241it shall intimate the proposal to the owner who may, within 28 days of receipt of the intimation, make representations in respect of the proposal.

Before F242Scottish Water and such an occupier as is mentioned in subsection (3) above enter into an agreement under this section, F243Scottish Water shall take into account any representations made by the owner of the premises in question in pursuance of that subsection.

A discharge of trade effluent which is made in accordance with an agreement under this section shall not otherwise require the consent of F248Scottish Water nor may the making of such a discharge be reviewed by the direction of F249Scottish Water; and accordingly sections 26 to 32 and 36 above shall not apply to such a discharge.

If the parties to an agreement under this section have failed to renew the agreement, with or without variation, on or before the date of its expiry, F250Scottish Water may, and if requested by the person making the discharge shall, review the making of the discharge by direction; and subsections (2) to (7) of section 32 above shall, with any necessary modifications, apply to a direction under this subsection.

Until a direction has been made under subsection (7) above in respect of an agreement, a discharge may continue to be made in accordance with the agreement.

Any reference in this section to an occupier shall include a reference to a prospective occupier.

F252Scottish WaterF252 shall maintain a register for the purposes of this Part of this Act.

In subsections (2) and (3) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

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

No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security.

F333Scottish Water shall notify the Secretary of State of any information F334it excludes from the register in pursuance of directions under subsection (2) above.

If, on an application under subsection (1) above, Scottish Water fails to make a determination within the period of 21 days beginning with the date of the application, it shall be treated as having determined that the information is commercially confidential.

Where, on an application under subsection (1) above, Scottish Water determines that information is not commercially confidential, the information shall not be entered on the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned.

The Scottish Ministers may give Scottish Water directions as to specified information, or descriptions of information, which the public interest requires to be included in the register regardless of whether the information is commercially confidential.

Information excluded from the register by virtue of subsection (1) above shall be treated as ceasing to be commercially confidential for the purposes of this section on the expiry of the period of 4 years beginning with the date of the determination by virtue of which it was excluded unless Scottish Water determines, on the application of the person who provided the information, that it is still commercially confidential.

Subsection (2) above applies in relation to an application under subsection (5) above as it applies in relation to an application under subsection (1) above.

The Scottish Ministers may, by order made by statutory instrument, substitute (whether in all cases or in such descriptions of case as the order may specify) for the period for the time being specified in subsection (2) above such other period as they consider appropriate.

A statutory instrument containing an order under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Information is, for the purposes of any determination under this section, commercially confidential, in relation to any person, if its inclusion in the register would prejudice to an unreasonable degree the commercial interests of that person.

The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply in relation to liquid or other matter of any description specified in the order which is discharged from any premises into the sewers or sewage treatment works of F259Scottish Water as they apply in relation to trade effluent, but subject to such modifications, if any, as may be specified in the order, and in particular subject to any modification of the definition of trade premises in this Act which may be so specified.

An order under this section may designate particular premises in the area of F260Scottish Water, or may be made to apply to premises throughout the area, or to premises in any part of the area specified in the order.

Before making an order under this section, the Secretary of State shall consult F261the Scottish Environment Protection Agency F262, Scottish Water and suchF262. . . trade organisations and other persons as the Secretary of State considers may have an interest in the order, and, where, in pursuance of subsection (2) above, the order designates particular premises, shall consult the owner and occupier thereof.

The Secretary of State may include in an order under this section such provisions as appear to him expedient for modifying any enactment relating to sewage as that enactment applies in relation to the discharge into sewers of any liquid or other matter to which any provisions of this Part of this Act are applied by an order under this section.

The Secretary of State may include in an order under this section such transitional, supplemental and incidental provisions as appear to him to be expedient.

The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.