Sewerage (Scotland) Act 1968
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Change 1
22 Protection for statutory undertakers.
(1) Subject to the provisions of this section, nothing in this Part of this Act shall authorise Scottish Water to carry out works which will interfere with the carrying on of a statutory undertaking or the running of an electronic communications code networkwithout the consent of the statutory undertakers concerned or, as the case may be, of the operator of that network. (2) Consent under the foregoing subsection shall not be unreasonably withheld, and if any question arises as to whether or not consent is unreasonably withheld or as to what conditions, including payment of compensation, should be attached to the consent, either party may require that it shall be referred to a single arbiter to be appointed, in default of agreement, by the President of the Institution of Civil Engineers, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings. (2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to Scottish Water constructing a sewer under section 3(1), of this Act. (3) Nothing in this section shall be construed as limiting the powers of Scottish Water under section 41 below. (4) In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by section 275(1) of the Town and Country Planning (Scotland) Act 1972.
22 Protection for statutory undertakers.
(1) Subject to the provisions of this section, nothing in this Part of this Act shall authorise Scottish Water to carry out works which will interfere with the carrying on of a statutory undertaking or the running of an electronic communications code networkwithout the consent of the statutory undertakers concerned or, as the case may be, of the operator of that network. (2) Consent under the foregoing subsection shall not be unreasonably withheld, and if any question arises as to whether or not consent is unreasonably withheld or as to what conditions, including payment of compensation, should be attached to the consent, either party may require that it shall be referred to a single arbiter to be appointed, in default of agreement, by the President of the Institution of Civil Engineers, and the arbiter may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings. (2A) The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to Scottish Water constructing a sewer under section 3(1), of this Act. (3) Nothing in this section shall be construed as limiting the powers of Scottish Water under section 41 below. (4) In this section “statutory undertakers” and “statutory undertaking” have the meanings assigned to them by section 275(1) of the Town and Country Planning (Scotland) Act 1972.
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