(1) Scottish Water may enter into an agreement with the owner or occupier of any trade premises within its area for the reception, treatment or disposal by it of any trade effluent produced on those premises.
(2) The reference in the foregoing subsection to an agreement shall include a reference to an agreement varying or renewing an existing agreement, whether that existing agreement was entered into before or after the commencement of this section.
(3) Where Scottish Water propose to enter into an agreement under this section with an occupier who is not also the owner of trade premises, it shall intimate the proposal to the owner who may, within 28 days of receipt of the intimation, make representations in respect of the proposal.
(4) Before Scottish Water and such an occupier as is mentioned in subsection (3) above enter into an agreement under this section, Scottish Water shall take into account any representations made by the owner of the premises in question in pursuance of that subsection.
(5) Without prejudice to subsection (1) above, any agreement under this section may provide for—
(a) the construction by Scottish Water of such works as may be required for the reception, treatment or disposal of trade effluent;
(b) the removal and disposal by Scottish Water of substances produced in the course of treating any trade effluent on or in connection with the premises;
(c) the repayment by the owner or, as the case may be, occupier of the premises of the whole or part of the expenses incurred by Scottish Water in carrying out its obligations under the agreement.
(6) A discharge of trade effluent which is made in accordance with an agreement under this section shall not otherwise require the consent of Scottish Water nor may the making of such a discharge be reviewed by the direction of Scottish Water; and accordingly sections 26 to 32 and 36 above shall not apply to such a discharge.
(7) If the parties to an agreement under this section have failed to renew the agreement, with or without variation, on or before the date of its expiry, Scottish Water may, and if requested by the person making the discharge shall, review the making of the discharge by direction; and subsections (2) to (7) of section 32 above shall, with any necessary modifications, apply to a direction under this subsection.
(8) Until a direction has been made under subsection (7) above in respect of an agreement, a discharge may continue to be made in accordance with the agreement.
(9) Any reference in this section to an occupier shall include a reference to a prospective occupier.
(1) Scottish Water shall maintain a register for the purposes of this Part of this Act.
(2) Scottish Water shall enter in the register—
(a) such particulars as may be prescribed—
(i) of any consent, affecting its area and for the time being extant, given (whether before or after the coming into force of this section) under this Part of this Act; and
(ii) of any agreement, affecting its area and for the time being extant, entered into (whether before or after the coming into force of this section) under section 37 of this Act; and
(b) such particulars of other matters relative to its functions under this Part of this Act as may be prescribed.
(3) It shall be the duty of Scottish Water—
(a) to secure that the register maintained by it in pursuance of subsection (1) above is, after such date as may be prescribed, open to inspection by the public free of charge at all reasonable hours; and
(b) to afford members of the public reasonable facilities for obtaining from it, on payment of reasonable charges, copies of entries in the register.
(4) In subsections (2) and (3) above, “ prescribed ” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.
(5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
37B Exclusion from register of information affecting national security.
(1) No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security.
(2) The Secretary of State may, for the purposes of subsection (1) above, give to Scottish Water directions—
(a) specifying information, or descriptions of information, to be excluded from the register; or
(b) specifying descriptions of information to be referred to him for his determination;
and no information referred to him in pursuance of paragraph (b) above shall be included in the register until he determines that it should be so included.
(3) Scottish Water shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above.
(4) A person may, as respects any information which (but for this section) might be included in the register but which he believes may be information whose inclusion would be contrary to the interests of national security, by notice so inform the Secretary of State, specifying the information and indicating its apparent nature; and if the person does so—
(a) he shall advise Scottish Water that he has given such notice; and
(b) no information in respect of which such advice has been given shall be included in the register until the Secretary of State has determined that it should be so included.
37C Exclusion from register of commercially confidential information
(1) Despite subsection (2) of section 37A of this Act, Scottish Water shall not enter in the register maintained under that section information relating to the affairs of any individual or business if—
(a) it determines, on the application of the person providing the information, that it is commercially confidential (as regards that or any other person), and
(b) the information is not information which is required to be entered in the register in pursuance of a direction under subsection (4) below.
(2) If, on an application under subsection (1) above, Scottish Water fails to make a determination within the period of 21 days beginning with the date of the application, it shall be treated as having determined that the information is commercially confidential.
(3) Where, on an application under subsection (1) above, Scottish Water determines that information is not commercially confidential, the information shall not be entered on the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned.
(4) The Scottish Ministers may give Scottish Water directions as to specified information, or descriptions of information, which the public interest requires to be included in the register regardless of whether the information is commercially confidential.
(5) Information excluded from the register by virtue of subsection (1) above shall be treated as ceasing to be commercially confidential for the purposes of this section on the expiry of the period of 4 years beginning with the date of the determination by virtue of which it was excluded unless Scottish Water determines, on the application of the person who provided the information, that it is still commercially confidential.
(6) Subsection (2) above applies in relation to an application under subsection (5) above as it applies in relation to an application under subsection (1) above.
(7) The Scottish Ministers may, by order made by statutory instrument, substitute (whether in all cases or in such descriptions of case as the order may specify) for the period for the time being specified in subsection (2) above such other period as they consider appropriate.
(8) A statutory instrument containing an order under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(9) Information is, for the purposes of any determination under this section, commercially confidential, in relation to any person, if its inclusion in the register would prejudice to an unreasonable degree the commercial interests of that person.
(1) The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply in relation to liquid or other matter of any description specified in the order which is discharged from any premises into the sewers or sewage treatment works of Scottish Water as they apply in relation to trade effluent, but subject to such modifications, if any, as may be specified in the order, and in particular subject to any modification of the definition of trade premises in this Act which may be so specified.
(2) An order under this section may designate particular premises in the area of Scottish Water, or may be made to apply to premises throughout the area, or to premises in any part of the area specified in the order.
(3) Before making an order under this section, the Secretary of State shall consult the Scottish Environment Protection Agency , Scottish Water and such. . . trade organisations and other persons as the Secretary of State considers may have an interest in the order, and, where, in pursuance of subsection (2) above, the order designates particular premises, shall consult the owner and occupier thereof.
(4) The Secretary of State may include in an order under this section such provisions as appear to him expedient for modifying any enactment relating to sewage as that enactment applies in relation to the discharge into sewers of any liquid or other matter to which any provisions of this Part of this Act are applied by an order under this section.
(5) The Secretary of State may include in an order under this section such transitional, supplemental and incidental provisions as appear to him to be expedient.
(6) The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
(1) This Part applies to any private sewage treatment works if the discharge of their contents is subject to an authorisation under the 2018 Regulations.
(2) In this Part, “private works” means private sewage treatment works to which this Part applies.
(1) This Part prevails over any rule of law or real burden—
(a) requiring the agreement, of any owner of common property, to the carrying out of maintenance of the property, or
(b) concerning the recovery, by any owner of common property from another owner of the property, of the cost of such maintenance,
so far as the rule or burden is applicable in connection with measures of the kind to which section 38C(2) relates.
(2) In subsection (1), “real burden” is to be construed in accordance with the Title Conditions (Scotland) Act 2003.
(1) Subsection (2) applies where two or more persons own any private works in common.
(2) Any of the persons may take (or cause to be taken) any measures that the person considers necessary for ensuring that the works are properly maintained so that they comply with any applicable conditions under the 2018 Regulations.
(3) Subsection (2) is subject to section 38D.
(4) In subsection (2), the reference to being properly maintained includes being emptied as required from time to time.
(1) Before taking (or causing to be taken) any measures under section 38C(2), a person must serve on each of the other owners a notice—
(a) giving the person's name and address,
(b) specifying the private works in question,
(c) in addition to describing the measures to be taken, stating—
(i) why the measures are to be taken,
(ii) when the measures are to be taken,
(d) containing—
(i) an estimate of the cost of the measures,
(ii) a note showing the proportion of that cost for which each owner would be liable (along with their names and addresses),
(e) directing the reader to this Part.
(2) The measures described in the notice may be taken under section 38C(2) at any time after the end of the period of 28 days beginning with the day on which it is duly served (or, if it is so served on different days, the last of those days).
(3) Unless the notice has expired, the measures may be so taken—
(a) with or without the agreement of any or all of the other owners,
(b) subject to any review or appeal under section 38E.
(4) The notice expires—
(a) at the end of the period of 12 months beginning with the day on which it is duly served, or
(b) if it is extended in any review or appeal under section 38E, at the end of the period of extension.
(5) A notice under subsection (1) may be served by two or more persons acting together.
(1) A person on whom a notice is served under section 38D(1) may apply to the sheriff for a review of the notice, if aggrieved by the serving of the notice or its terms.
(2) An application under subsection (1) must be made—
(a) by way of summary application,
(b) within the period of 28 days beginning with the day on which the notice is duly served.
(3) In the application, the sheriff may—
(a) uphold, vary or quash the notice,
(b) make any further order necessary.
(4) The sheriff's decision in the application may be appealed to the sheriff principal, but only on a point of law.
(5) The sheriff principal's determination of the review is final.
(6) An application under subsection (1) may be—
(a) made by two or more persons acting together,
(b) heard by the sheriff along with another such application relating to the same notice.
(1) Where measures have been taken under section 38C(2)—
(a) each of the owners of the private works is liable for a proportion of the actual cost of taking them, and
(b) any of those owners is entitled to recover from any of the other owners the proportion of that cost for which the other owner is liable.
(2) Subsection (1) is subject to subsections (3) to (8).
(3) The proportion of the cost mentioned in subsection (1)(a) for which each owner is liable is the equivalent to the owner's pro indiviso share of the ownership of the private works.
(4) Liability accrues to an owner under subsection (1)(a) only when there has been duly served—
(a) a notice under section 38D(1) relating to the measures, and
(b) a notice under subsection (5) relating to the measures.
(5) Before exercising the entitlement to make recovery under subsection (1)(b), an owner must serve on each of the other owners a notice containing—
(a) a statement of the cost mentioned in subsection (1)(a),
(b) a note confirming the proportion of that cost for which each owner is liable in accordance with subsection (3) (along with their names and addresses).
(6) The entitlement of an owner to make recovery under subsection (1)(b) is not—
(a) established unless the owner has—
(i) incurred the cost mentioned in subsection (1)(a), and
(ii) duly served a notice under subsection (5),
(b) exercisable until after the end of the period of 30 days beginning with the day on which the notice under subsection (5) is duly served (or, if it is so served on different days, the last of those days).
(7) A notice under subsection (5) is valid only if it is accompanied by an invoice or other clear evidence of the cost mentioned in subsection (1)(a).
(8) Section 38E applies in relation to a notice under subsection (5) as it does in relation to one under section 38D(1), except that in relation to a notice under subsection (5) a review under section 38E is competent only if the actual cost of the measures grossly exceeds the estimate of the cost of them contained in the notice under section 38D(1).
(1) Subsection (2) applies to a person who is liable under section 38F(1)(a).
(2) The person does not stop being so liable merely because the person ceases to be an owner of the private works.
(3) Subsection (4) applies to a person who is entitled to make recovery under section 38F(1)(b).
(4) The person does not stop being so entitled merely because the person ceases to be an owner of the private works.
(1) In this Part—
(a) “the 2018 Regulations” means the Environmental Authorisations (Scotland) Regulations 2018,
(b) a reference to an authorisation under the 2018 Regulations is to an authorisation as defined by regulation 2 of those Regulations,
(c) a reference to any conditions under the 2018 Regulations is to any conditions of an authorisation under those Regulations.
(2) The Scottish Ministers may by regulations modify—
(a) subsection (1),
(b) sections 38A(1) and 38C(2).
(3) Regulations may be made under subsection (2) only if the Scottish Ministers consider them to be necessary or expedient in consequence of any revocation or amendment of—
(a) the 2018 Regulations, or
(b) any subsequent regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014.
(4) Regulations under subsection (2) are subject to the negative procedure.
Scottish Water shall have right to all sewage discharged into its sewers , SUD systems or sewage treatment works and to the contents of any septic tank emptied by it under section 10(1) above and may process, sell or otherwise dispose of such sewage or contents.
Subject to the provisions of the Part IV of the New Roads and Street Works Act 1991, Scottish Water or any other person may, for the purpose of taking any action or executing work authorised or required by this Act in relation to sewers , SUD systems , drains or sewage treatment works, break open any road, any bridge carrying a road, and any cellar , vault, sewer, drain or tunnel in or under a road, and may remove and use the soil or other materials in or under any such road:
Provided that Scottish Water or, as the case may be, that person shall, in the exercise of the powers conferred by this section, cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by the sheriff summarily, whose decision in the matter shall be final.
42 Execution of works by local authorities for other persons.
(1) Where by virtue of this Act or anything done thereunder a person is authorised or required to carry out any works, Scottish Water may carry out those works at the request of that person and may recover from him its reasonable expenses for so doing.
(2) In carrying out such works Scottish Water shall have all the rights and powers which the person who made the request as aforesaid would have in relation thereto.
43 Power to require occupier to permit works to be executed by owner.
If on a complaint by the owner of any premises it appears to the sheriff that the occupier of those premises prevents the owner from executing any work which he is required or authorised to execute by or under this Act, the sheriff may authorise the owner to enter the premises for the purpose of executing the work.
44 Power of local authorities to require information as to ownership etc. of premises.
Scottish Water may, for the purpose of enabling it to perform any of its functions under this Act, require the occupier or owner of any premises to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner, tenant, heritable creditor or otherwise, and any person who having been required by a local authority in pursuance of this section to give it any information fails to give it that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
45 Production of plans and furnishing of information to authorities.
(1) The owner or occupier of any land on or under which is situated any sewer , SUD system or drain used or intended to be used for discharging any sewage into a sewer , SUD system or sewage treatment works of Scottish Water shall, when requested in writing so to do by Scottish Water—
(a) produce to Scottish Water all such plans of the sewer , system or drain as the owner or occupier, as the case may be, possesses or is able without unreasonable expense to obtain, and allow copies of the plans so produced by him to be made by, or under the direction of, Scottish Water, and
(b) furnish to Scottish Water all such information as the owner or occupier, as the case may be, can reasonably be expected to supply with respect to the sewer , system or drain and any sewage discharged therefrom.
(2) A person who fails to comply with this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) Without prejudice to the provisions of Part II of this Act, no person shall pass or permit to be passed into, or into a drain connecting with, a public sewer , public SUD system or public sewage treatment works any matter or substance which, either alone or in combination with any matter or substance with which it is likely to come into contact while passing through any sewer , SUD system or works, is likely to injure the sewer , SUD system or works, or to interfere with the free flow of their contents, or to affect prejudicially the treatment or disposal of their contents or to be prejudicial to health:
Provided that it shall be a defence for any person charged with an offence under this section if he proves that at the time he so passed or permitted to be passed the matter or substance concerned he did not know, and could not reasonably be expected to know, that it would be likely to have the aforementioned effects.
(2) A person who contravenes any of the provisions of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both) and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.
(3) This section does not apply in relation to the passing of fat, oil or grease from trade premises into a public sewer or a drain connecting with such a sewer.
(1) A person commits an offence if—
(a) the person passes, or permits to be passed, any relevant substance from trade premises into—
(i) a public sewer, or
(ii) a drain connecting with such a sewer, and
(b) the condition in subsection (2) is met.
(2) The condition is that the relevant substance (alone or in combination with any matter with which it comes, or may come, into contact)—
(a) interferes with, or is likely to interfere with, the free flow of the contents of the sewer, or
(b) adversely affects, or is likely so to affect, the treatment or disposal of the contents of the sewer.
(3) But no offence is committed under subsection (1) if the relevant substance is passed in accordance with the provisions of Part II of this Act.
(4) In subsections (1) to (3), “relevant substance” means fat, oil or grease.
(5) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
(1) Subsection (5) applies if—
(a) an owner or occupier of trade premises passes, or permits to be passed, any relevant substance from the premises into—
(i) a public sewer, or
(ii) a drain connecting with such a sewer, and
(b) the condition in subsection (2) is met.
(2) The condition is that, as a result—
(a) the sewer or drain is damaged or blocked, or
(b) the free flow of the contents of the sewer is otherwise interfered with.
(3) But subsection (5) does not apply if the relevant substance is passed in accordance with the provisions of Part II of this Act.
(4) In subsections (1) and (3), “relevant substance” means fat, oil or grease.
(5) Scottish Water may recover, from the owner or (as the case may be) occupier, any expenses that it reasonably incurs in investigating or remedying the damage, blockage or interference.
(1) Subject to the provisions of this section, any person duly authorised by Scottish Water(whether or not an employee of Scottish Water and whether such authorisation is special or general) shall, on producing if so required some duly authenticated document showing his authority, have a right to enter any land or premises at all reasonable hours for the purpose of—
(a) surveying land or boring or carrying out other works in order to ascertain the suitability of the land for the laying of a sewer or the construction of a SUD system or other works under this Act;
(b) ascertaining whether there is or has been on or in connection with the land or premises any contravention of the provisions of this Act or of any conditions imposed thereunder;
(c) ascertaining whether or not circumstances exist which would authorise Scottish Water to take any action or execute any work under this Act;
(d) taking any action or executing any work authorised or required by this Act to be taken or executed by Scottish Wateror which may be authorised by it under section 3A of this Act;
(dd) inspecting, maintaining, repairing, cleansing, emptying, ventilating or renewing any sewer or SUD system which is not a public sewer or public SUD system but forms part of any such system as is mentioned in section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ;
(e) inspecting any records and other documents and apparatus which Scottish Water may reasonably require to inspect for the purpose of exercising any of its functions under this Act;
(f) monitoring, inspecting, testing or taking away for analysis samples of sewage or any other matter or substance which is passing from the premises into —
(i) public sewers , public SUD systems or public sewage treatment works; or
(ii) sewers , SUD systems or sewage treatment works not vested in Scottish Water but forming (or forming part of) any such system as is mentioned in the said section 46(1)(b)(ii) .
(g) installing or maintaining any monitoring, testing or sampling equipment for use on the premises,
(h) investigating the source of any matter or substance (other than sewage) which is passing from the premises into—
(i) public sewers, public SUD systems or public sewage treatment works; or
(ii) sewers, SUD systems or sewage treatment works not vested in Scottish Water but forming (or forming part of) any such system as is mentioned in the said section 46(1)(b)(ii).
(2) Entry to land or premises not being a factory within the meaning of the Factories Act 1961, or a place in which persons are employed otherwise than in domestic service, shall not be demanded as of right unless at least 24 hours notice of the intended entry has been given to the occupier.
(3) Before entry is made upon land or premises for any of the purposes mentioned in subsection (1)(a) above the the authorised person, or Scottish Water on his behalf, shall serve notice of the intended entry upon the owner and occupier, who within 14 days of the receipt of the notice may make representations to the Secretary of State, who, having considered any such representations, may authorise the entry either unconditionally or subject to such conditions as he thinks fit, or refuse to authorise it.
Every notice under this subsection shall inform the owner and occupier of their right to make representations to the Secretary of State.
(4) A person carrying out an inspection of documents under subsection (1)(e) above shall have a right to take copies or extracts from the documents.
(5) Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering the land or premises on a subsequent occasion in connection with that purpose.
(6) If it is shown to the satisfaction of the sheriff, or a magistrate or justice of the peace having jurisdiction in the place where the land or premises are situated, on a sworn information in writing—
(a) that admission to land or premises which any person is entitled to enter by virtue of this section has been refused to that person, or that refusal is apprehended, or that the land or premises are unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, or that the application for admission would defeat the object of the entry, and
(b) that there are reasonable grounds for entry to the land or premises for any purpose for which the right of entry is exercisable
the sheriff, magistrate or justice may by warrant under his hand authorise that person to enter the land or premises if need be by force.
(7) Any person entitled to enter any land or premises, by virtue of a right of entry or of a warrant issued under this section, may take with him such other persons as may be necessary, and on leaving any unoccupied land or premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(8) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(9) A person who wilfully obstructs any person upon whom a right of entry has been conferred by any of the provisions of this section or by a warrant issued thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after conviction therefor.
(10) Where work has been carried out on land in pursuance of this section the person who carried it out shall, as soon as possible, reinstate the land.
(1) If any person who, in compliance with any of the provisions of this Act or with a warrant issued thereunder, is admitted to any land or premises makes use of or discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret, he shall, unless such use or disclosure was made in the performance of his duty, be guilty of an offence under this section.
(2) If any person discloses any information which has been furnished to him under this Act, he shall be guilty of an offence under this section, unless the disclosure is made—
(a) with the consent of the person by whom the information was furnished; or
(aa) in prescribed circumstances or for prescribed purposes; or
(b) in connection with the execution of this Act; or
(c) for the purposes of any proceedings arising out of this Act, or of any criminal proceedings whether so arising or not, or for the purpose of any report of any such proceedings.
(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) In paragraph (aa) of subsection (2) above, “ prescribed ” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.
(5) An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the regulations).
(1) Any appeal to the Secretary of State under this Act shall be made, unless the parties to the appeal otherwise agree, within 28 days of the decision against which the appeal is made.
(2) At the same time as an appellant makes any such appeal under this Act he shall serve a copy of the appeal on Scottish Water .
(3) Before disposing of any such appeal the Secretary of State may afford to the appellant and Scottish Water an opportunity of appearing before and being heard by a person appointed in that behalf by the Secretary of State.
(4) The decision of the Secretary of State on any such appeal shall be deemed to be the decision of Scottish Water from whom the appeal is made.
(5) The decision of the Secretary of State on any such appeal shall be final, but at any stage of the proceedings on the appeal he may, and if so directed by the Court of Session shall, state a case for the opinion of the Court on any question of law arising in those proceedings.
(6) Pending a decision on any appeal to the Secretary of State under Part II of this Act a discharge of trade effluent being made may continue to be made in accordance with the conditions then applying.
(7) The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal.
(8) The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
All notices, directions, decisions, applications, appeals and agreements given or made under this Act by Scottish Water, or an owner, occupier or prospective occupier of premises, and other documents which are given, made, served, authorised or required under this Act shall be in writing.
(1) Subject to subsection (2) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any order made thereunder, the provision of this Act, or, as the case may be, of that order, shall have effect in substitution for the local enactment, which shall cease to have effect.
(2) The Secretary of State may by order except from the operation of the foregoing subsection such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any order made thereunder as may be so specified shall not have effect in the areas in which the specified local enactments have effect.
(3) If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (1) above, is inconsistent with any provision of this Act or of any order made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any order made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.
(4) Any order made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The provisions of this section shall apply in relation to any premises belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.
(2) The appropriate authority in relation to any premises and Scottish Water may agree that any provisions of this Act specified in the agreement shall apply to those premises and, while the agreement is in force, those provisions shall apply to the premises accordingly, subject however to the terms of the agreement.
(3) Any such agreement as aforesaid may contain such consequential and incidental provisions, including, with the approval of the Treasury, provisions of a financial character, as appear to the appropriate authority to be necessary or equitable, but agreements made by the Crown Estate Commissioners, the relevant person or the Scottish Ministers. . . shall not require such approval.
(4) In this section “the appropriate authority” means—
(a) in the case of premises belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the premises in question or the relevant person ; and
(b) in the case of premises belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;
and, if any question arises as to what authority is the appropriate authority in relation to any premises, that question shall be referred to the Treasury, whose decision shall be final.
(5) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
Nothing in this Act shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949 (restriction of works detrimental to navigation).
There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other Act.
Any power conferred on the Secretary of State by this Act to make an order shall include power, exercisable in like manner and subject to the same conditions, to vary or revoke the order by a subsequent order.
(1) In this Act, unless the context otherwise requires—
“appointed day” means such day as the Secretary of State may by order made by statutory instrument appoint;
“ area ”, in relation to Scottish Water, means the area comprising all of the local government areas established by virtue of section 1 of the Local Government etc. (Scotland) Act 1994 (c.39);
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“domestic sewage” in relation to any area or premises means sewage which is not surface water or trade effluent;
“drain” in relation to premises, means any pipe or drain within the curtilage of those premises used solely for or in connection with the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;
“foul water” means any water contaminated by domestic sewage or trade effluent;
“function” includes power and duty;
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“land” includes land covered with water and any interest or right in or over land;
“local authority” means a regional or islands council;
“local enactment” means any local Act of Parliament or any provision in any such Act;
“occupier” means the person in occupation or having the charge, management or control of premises, either on his own account or as the agent of another person;
“owner” means the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted;
“private sewage treatment works” means sewage treatment works which are not vested in Scottish Water;
“private sewer” means any sewer which is not a public sewer;
“ private SUD system ” means any SUD system which is not a public SUD system;
“public drain” means any drain which is vested in a local authority or Scottish Water;
“public sewage treatment works” means sewage treatment works which are vested in Scottish Water;
“public sewer” means any sewer which is vested in Scottish Water;
“ public SUD system ” means any SUD system which is vested in Scottish Water;
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“ road ” has the same meaning as in Part IV of the New Roads and Street Works Act 1991 ;
“ road water ” means the run-off of rainwater from any road for the time being entered in a list of public roads kept by a local roads authority under section 1(1) of the Roads (Scotland) Act 1984;
“sewage” includes domestic sewage, surface water and trade effluent;
“sewage treatment works” means any works, apparatus or plant used for the treatment or disposal of sewage, and includes a septic tank but does not include a SUD system ;
“sewer” does not include a drain as defined in this section, but, save as aforesaid, includes all sewers, pipes or drains used for the drainage of buildings and yards appurtenant to buildings;
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“surface water” means the run-off of rainwater from roofs and any paved ground surface within the curtilage of premises;
“ SUD system ” means a sustainable urban drainage system;
“ sustainable urban drainage system ” means a drainage system which—
facilitates attenuation, settlement or treatment of surface water from 2 or more premises (whether or not together with road water), and
includes one or more of the following: inlet structures, outlet structures, swales, constructed wetlands, ponds, filter trenches, attenuation tanks and detention basins (together with any associated pipes and equipment);
“trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, including trade waste waters or waters heated in the course of any trade or industry and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises;
“trade or industry” for the purpose of the definition of “trade effluent” shall include agriculture, horticulture and scientific research or experiment the carrying on of a hospital and the provision of a care home service, and for the purpose of the definition of “trade premises” shall include premises used or intended to be used in whole or in part for carrying on agriculture, horticulture or scientific research or experiment, or as a hospital or a as accomodation provided by a care home service;
“trade premises” means any premises used or intended to be used for carrying on any trade or industry.
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(2) Unless the context otherwise requires any reference in this Act to a drain or to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumping stations, storm water overflow pipes, outfall pipes or other accessories belonging to a drain or sewer, and any reference in this Act to sewage treatment works shall be construed as including a reference to accommodation used in connection therewith, the machinery and equipment of those works and any necessary pumping stations.
(3) Any reference in this Act to the construction of a sewer , SUD system or sewage treatment works shall be construed as including a reference to the extension of an existing sewer , SUD systemor of existing works.
(3A) In the definition of “trade or industry” in subsection (1) above, the references to a “care home service” shall be construed in accordance with paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).
(4) Unless the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment, including this Act.
(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
(2) The enactments described in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule, and so much of that Schedule as relates to the Local Government (Scotland) Act 1947 (so far as relating to the operation and dissolution of special drainage districts) shall come into force on the appointed day.
(1) This Act may be cited as the Sewerage (Scotland) Act 1968 and shall extend to Scotland only.
(2) This Act, except this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, and different dates may be appointed under this subsection for different provisions of this Act or for different purposes.
(3) Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the date when that provision comes into force.
Section 60(2).
Chap ter | Short Title | Extent of Repeal
39 & 40 Vict. c. 75 | The Rivers Pollution Prevention Act 1876. | The whole Act
55 & 56 Vict. c. 55. | The Burgh Police (Scotland) Act 1892. | In section 107, the word “sewers”.
In section 111, the words “and for cleansing the sewers and drains”.
Sections 214 to 222, 224, 225 and 227.
In section 228, the words “ No building shall be erected over any sewer belonging to the commissioners”, the words “ and so as not to interfere or communicate with any sewers belonging to the commissioners”, the words “any building be erected”, and the words “erecting such building”.
Sections 229 to 232.
In section 233, the words from “guilty of” to “besides being”.
Sections 234 to 237 and section 242.
In section 243 the words “drain or” wherever they occur, and the words from “and all branch drains”onwards.
In section 250, the words “and with power to make such drain if none such already exist”, the words from “the sanction” to “street; and”, the words “with the expense of restoring the street, so far as interfered with”, and the words from “with such” to “may fix”.
In section 329, the words from “the special” to “sewers”, the words “rate or”, and the word “rate”.
In sections 330 and 331, the word “rate”.
In section 332, the word “rate” where first occurring.
Sections 361, 362 and 364.
In section 366, the words “special sewer rate, general sewer rate, and”.
In section 367, the words “rates or” wherever they occur.
In section 368, the words “special sewer rate, general sewer rate, and”, the words “rates and”, and the words “rated or” wherever they occur.
In section 369, the words “rates or” wherever they occur.
Schedule VI so far as it relates to general sewer rate and special sewer rate.
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In section 116, the words from “or to use” onwards.
Sections 117, 119, 120, 122 and 139.
1 Edw. 7. c. 24. | The Burgh Sewerage, Drainage and Water Supply (Scotland) Act 1901. | The whole Act.
3 Edw. 7. c. 33. | The Burgh Police (Scotland) Act 1903. | Section 25.
In section 98(6), the words “sewers, drains”.
10 & 11 Geo. 6. c. 43. | The Local Government (Scotland) Act 1947. | Part VII, so far as relating to the formation,operation and dissolution of special drainage districts.
Section 225(1) so far as relating to the special district sewer rate.
8 & 9 Eliz. 2. c. 34. | The Radioactive Substances Act 1960. | In Part II of Schedule 1, paragraph 10, in paragraph 11 the reference to section 222, and in paragraph 13 the reference to section 120.