Sewerage (Scotland) Act 1968

3 Construction etc. of public sewers and public sewage treatment works. S

(1) Subject to the provisions of this Act, a [F1 sewerage] authority may, within or outwith their area—

(a) construct a public sewer—

(i) in, under or over any [F2 road], or under any cellar or vault below any [F2 road];

(ii) in, on or over any land not forming part of a [F2 road];

(b) construct public sewage treatment works in or on any land held by them or appropriated for the purpose.

(2) Before commencing construction of a sewer in, on or over any land not forming part of a [F2 road], a [F1 sewerage] authority shall serve notice of their 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after the service of the notice the owner or the occupier objects to the proposed works, and that objection is not withdrawn, the [F1 sewerage] authority shall not proceed to execute the works without consent aftermentioned but may refer the matter by summary application to the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.

(3) Section [F3 192] of the Local Government (Scotland) Act [F3 M1 1973] (service of notices) shall apply to notices [F4 served by a sewerage authority] under subsection (2) above relating to land as it applies to notices [F5 served by a local authority] relating to premises.

(4) Where a [F1 sewerage] authority, in the exercise of their powers under subsection (1) above, propose to execute works outwith their area F6 . . . they shall in addition to any notice served under subsection (2) above serve notice of their intention on the [F1 sewerage] authority within whose area it is proposed to execute the works together with a description of the proposed works and if within two months after the service of the notice the [F1 sewerage] authority on whom it was served object to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Secretary of State 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 his decision on the matter shall be final.

Textual Amendments

F1 Words in s. 3(1)(2)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(a); S.I. 1996/323, art. 4(1)(b)(c)

F2 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(2)

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 179

F4 Words in s. 3(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F5 Words in s. 3(3) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(4)(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F6 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C1 S. 3 applied (with modifications) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3

Marginal Citations

M1 1973 c. 65.