Part I General Provisions as to Sewerage

Duties and powers of local authorities

F110 Emptying of septic tanks.

(1)

It shall be the duty of F2Scottish Water to empty a septic tank serving premises in F3its area on F3its 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 doing so being timeously paid.

(2)

The duty does not extend to septic tanks which receive trade effluent; but F4Scottish Water 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 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)).