(1)It shall be the duty of [F2Scottish Water]F2 to empty a septic tank serving premises in [F3its]F3 area on [F3its]F3 being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank—
(a)to its being reasonably practicable to empty the tank; and
(b)to all proper charges for [F3its]F3 doing so being timeously paid.
(2)The duty does not extend to septic tanks which receive trade effluent; but [F4Scottish Water]F4 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 [F5it thinks]F5 fit.
(3)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.
(4)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 [F6the Water Industry (Scotland) Act 2002 (asp 3)]F6).]
Textual Amendments
F1S. 10 and sidenote substituted (1.4.1996) by 1994 c. 39, s. 102 (with s. 74(4)); S.I. 1996/323, art. 4(1)(a), Sch. 1
F2Words in s. 10(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
F3Words in s. 10(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(a) (with s. 67); S.S.I. 2002/118, art. 2
F4Words in s. 10(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
F5Words in s. 10(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(b) (with s. 67); S.S.I. 2002/118, art. 2
F6Words in s. 10(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 14(c) (with s. 67); S.S.I. 2002/118, art. 2
