Sewerage (Scotland) Act 1968
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Change 1
15 Owner or occupier to remedy defects in drains and other works.
(1) If it appears to a local authority or Scottish Water that as respects any premises in their or, as the case may be, its area the drains , SUD systems or sewage treatment works serving such premises (other than drains , SUD systems or works vested in Scottish Water) are defective, the local authority or, as the case may be, Scottish Water may by notice require the owner or occupier of the premises, within a reasonable time therein specified, to remedy the defect. (2) If an owner or occupier is aggrieved by a notice under the foregoing subsection he may, within the time specified in the notice, refer the matter by summary application to the sheriff, who may issue such directions as he thinks fit, and whose decision on the matter shall be final. (3) Where an owner or occupier fails to comply with the terms of a notice under subsection (1) above, or as modified under subsection (2) above, the localauthority which served the notice may, after giving not less than 7 days’ notice or, where the notice was served by Scottish Water, that body to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them or, as the case may be, it in so doing from the person on whom the notice was served, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier: Provided that the localauthority in question or, as the case may be, Scottish Water may, if they think or it thinks fit, remit such part of the expenses as seems to them or, as the case may be, it to be equitable. (4) If it appears to a local authority or Scottish Water that immediate action is required to remedy a defect, the foregoing provisions of this section shall apply with the following modifications— (a) the period specified in a notice under subsection (1) shall be 48 hours; (b) subsection (2) shall not apply; and (c) the period specified in subsection (3) shall not apply and the local authority which served the noticeor, where the notice was served by Scottish Water, that body may proceed to carry out the work forthwith. (5) In this section “defect” includes any obstruction in a drain , SUD system or sewage treatment works, and “defective” shall be construed accordingly.
15 Owner or occupier to remedy defects in drains and other works.
(1) If it appears to a local authority or Scottish Water that as respects any premises in their or, as the case may be, its area the drains , SUD systems or sewage treatment works serving such premises (other than drains , SUD systems or works vested in Scottish Water) are defective, the local authority or, as the case may be, Scottish Water may by notice require the owner or occupier of the premises, within a reasonable time therein specified, to remedy the defect. (2) If an owner or occupier is aggrieved by a notice under the foregoing subsection he may, within the time specified in the notice, refer the matter by summary application to the sheriff, who may issue such directions as he thinks fit, and whose decision on the matter shall be final. (3) Where an owner or occupier fails to comply with the terms of a notice under subsection (1) above, or as modified under subsection (2) above, the localauthority which served the notice may, after giving not less than 7 days’ notice or, where the notice was served by Scottish Water, that body to the owner or occupier concerned, carry out the work necessary to remedy the defect, and may recover the expenses reasonably incurred by them or, as the case may be, it in so doing from the person on whom the notice was served, but without prejudice to the rights and obligations, as between themselves, of the owner and occupier: Provided that the localauthority in question or, as the case may be, Scottish Water may, if they think or it thinks fit, remit such part of the expenses as seems to them or, as the case may be, it to be equitable. (4) If it appears to a local authority or Scottish Water that immediate action is required to remedy a defect, the foregoing provisions of this section shall apply with the following modifications— (a) the period specified in a notice under subsection (1) shall be 48 hours; (b) subsection (2) shall not apply; and (c) the period specified in subsection (3) shall not apply and the local authority which served the noticeor, where the notice was served by Scottish Water, that body may proceed to carry out the work forthwith. (5) In this section “defect” includes any obstruction in a drain , SUD system or sewage treatment works, and “defective” shall be construed accordingly.
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