Subject to subsection (2) below, where F1Scottish Water is satisfied that premises are to be constructed within F2its area by any person, F3it may enter into an agreement with that person as respects the provision by that person or by F4it of sewers F5, SUD systems 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 F6Scottish Water of F7SUD systems and sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers F5, SUD systems or works, shall be enforceable against F8Scottish 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 F9Scottish Water where F10it has no duty under section 1 above to provide public sewers to serve the premises.