Part I General Provisions as to Sewerage

Duties and powers of local authorities

C13 Construction etc. of public sewers and public sewage treatment works.

1

Subject to the provisions of this Act, F1Scottish Water may, F2...—

a

construct a public sewer F14 or SUD system—

i

in, under or over any F3road, or under any cellar or vault below any F3road;

ii

in, on or over any land not forming part of a F3road;

b

construct public sewage treatment works in or on any land held by F4it or appropriated for the purpose.

2

Before commencing construction of a sewer F13 or SUD system in, on or over any land not forming part of a F3road, F5Scottish Water shall serve notice of F6its 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after the service of the notice the owner or the occupier objects to the proposed works, and that objection is not withdrawn, F7Scottish Water shall not proceed to execute the works without consent aftermentioned but may refer the matter by summary application to the sheriff who may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.

3

Section F8192 of the Local Government (Scotland) Act F81973 (service of notices) shall apply to notices F9served by F10Scottish Water under subsection (2) above relating to land as it applies to notices F11served by a local authority relating to premises.

4

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