Sewerage (Scotland) Act 1968

Title and introductory text

Sewerage (Scotland) Act 1968 1968 c.47 An Act to make new provision as respects sewerage in Scotland, and for connected purposes. [26th July 1968]

1 Duty of local authority to provide for sewerage of their area.

(1) Subject to the provisions of this Act, it shall be the duty of Scottish Water to provide such public sewersand public SUD systems as may be necessary for effectually draining its area of domestic sewage, surface water and trade effluent, and to make such provision, by means of sewage treatment works or otherwise, as may be necessary for effectually dealing with the contents of its sewers and SUD systems . (2) Without prejudice to the generality of subsection (1) above— (a) Scottish Water shall, subject to paragraph (b) below, take its public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost; (b) where Scottish Water have agreed with some other person (in this section referred to as the “ private provider ”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists. (3) The duties imposed by the foregoing subsections shall not require Scottish Water to do anything which is not practicable at a reasonable cost. (3A) Subsection (3) shall not apply to such cases or descriptions of case as the Scottish Ministers may direct. (3B) In determining what is a reasonable cost for the purpose of subsection (3) so far as relating to subsection (2)(a), the costs to be taken into account include the costs of— (a) constructing such other public sewers, public SUD systems and such public sewage treatment works, and (b) carrying out such other work, as Scottish Water considers necessary in consequence of the connection referred to in subsection (2)(a). (3C) Subject to subsection (3B), any question as to what is a reasonable cost for the purposes of this section shall be determined in accordance with regulations made by the Scottish Ministers. (3D) Such regulations may, in particular, make provision as to— (a) the matters to be taken into, or left out of, account, (b) the criteria to be applied, (c) the method of calculation to be adopted, in determining what is a reasonable cost for those purposes, and may make different provision for different cases and descriptions of case. (4) If any question arises under this section as to whether a reasonable cost has been properly determined in accordance with regulations made under subsection (3C) or anything is or is not practicable at a reasonable cost or as to the point or points to which a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider, must be taken to enable drains or private sewers to be connected therewith at a reasonable cost, theWater Industry Commission for Scotland, if requested to do so by any person aggrieved, shall, after consultation with that person and with Scottish Water, or as the case may be the private provider, concerned, determine that question, and Scottish Water or the private provider shall give effect to its determination. (4A) The Commission— (a) shall prepare a statement which specifies the procedure to be followed for the purposes of its determining questions under subsection (4) above, and (b) may from time to time revise the statement. (4B) In preparing or revising the statement, the Commission shall consult Scottish Water and such other persons as it considers appropriate. (4C) The Commission shall, on payment of such reasonable fee (if any) as the Commission may determine, send a copy of the statement to any person who requests it. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The power to make regulations undersubsection (3C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) The duties imposed by subsections (1) and (2) above shall not require Scottish Water to do anything which is prejudicial to its compliance with— (a) any directions given to it under section 56 of the Water Industry (Scotland) Act 2002 (asp 3) so far as setting objectives of a type referred to in section 56A of that Act, or (b) a statement of policy issued under section 29D of that Act.

2 Maintenance of public sewers and other works.

Subject to section 4 below, it shall be the duty of Scottish Water to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers SUD systems, , sewage treatment works and other works vested in it by virtue of this Act or of the Water Industry (Scotland) Act 2002 (asp 3).

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

(1) Subject to the provisions of this Act, Scottish Water may, ...— (a) construct a public sewer or SUD system— (i) in, under or over any road, or under any cellar or vault below any road; (ii) in, on or over any land not forming part of a road; (b) construct public sewage treatment works in or on any land held by it or appropriated for the purpose. (2) Before commencing construction of a sewer or SUD system in, on or over any land not forming part of a road, Scottish Water shall serve notice of its 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, Scottish 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 192 of the Local Government (Scotland) Act 1973 (service of notices) shall apply to notices served by Scottish Water under subsection (2) above relating to land as it applies to notices served by a local authority relating to premises. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3A Authorisation of construction of certain private sewers etc.

(1) Without prejudice to its powers under section 3 of this Act (including any power to authorise the construction, on its behalf, of a public sewer), Scottish Water may authorise a person to construct, within its area but whether or not connecting with its sewers or sewage treatment works, a sewer— (a) in, under or over any road, or under any cellar or vault below any road; or (b) in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier, but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by it under subsection (1) of that section. (2) Scottish Water — (a) in giving authorisation to a person under subsection (1) above; or (b) as respects any sewer or SUD system (not being a sewer constructed by or on behalf of Scottish Water ) whose construction by a person does not require such authorisation, may, in a case where the proposed sewer or system will connect with its sewers , SUD systems or sewage treatment works, determine (and by written notice advise the person) that all, or a part which it shall specify in the notice, of the sewer or system constructed shall not vest in it through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination Scottish Water may, on such terms and conditions as it thinks fit, then or at some later time enter into an agreement under which the sewer or system , or as the case may be the part, shall vest in it .

4 Power of local authority to close or alter public sewers etc.

Scottish Water may, if it thinks fit, close, alter, replace or remove any sewer , SUD system , sewage treatment works or other works vested in it by virtue of this Act or of the Water Industry (Scotland) Act 2002 (asp 3), but, before any person who is lawfully using the sewer , system or works for any purpose is deprived by Scottish Water of that use, it shall provide a sewer , SUD system or works equally effective for that use and shall at its expense carry out any work necessary to connect his drain or private sewer , system with the sewer or works so provided.

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6 Functions outwith the area of a local authority.

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7 Agreements between highway and local authorities.

(1) Subject to the provisions of this section, a roads authority and Scottish Water may agree, on such terms and conditions as may be specified in the agreement, as to the provision, management, maintenance or use of their sewers , SUD systems or drains for the conveyance of water from the surface of a road or surface water from premises. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A roads authority or Scottish Water shall not unreasonably refuse to enter into an agreement for the purposes of this section or insist unreasonably upon terms or conditions unacceptable to the other party, ..., and any dispute arising under this section to which the Secretary of State is not a party as to whether or not a roads authority or Scottish Water are acting unreasonably, shall be referred to the Secretary of State, who, after consultation with the authority concerned and Scottish Water, shall determine the dispute, and his decision shall be final. (3A) In the foregoing provisions of this section, “ roads authority ” has the same meaning as in the Roads (Scotland) Act 1984. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Agreements as to provision of sewers etc. for new premises.

(1) Subject to subsection (2) below, where Scottish Water is satisfied that premises are to be constructed within its area by any person, it may enter into an agreement with that person as respects the provision by that person or by it of sewers , 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 Scottish Water of SUD systems and sewage treatment works so provided, and, in relation to any premises served or to be served by the sewers , SUD systems or works, shall be enforceable against Scottish Water by the owner or occupier of the premises for the time being. (2) An agreement under the foregoing subsection may only be entered into by Scottish Water where it has no duty under section 1 above to provide public sewers to serve the premises.

9 Loan of temporary sanitary conveniences.

Where work is to be carried out in connection with a sewer, drain or sewage treatment works which necessitates the disconnection of water closets or other sanitary conveniences provided for or in connection with premises, Scottish Water may agree with the occupier of the premises, and on such terms and conditions as may be specified in the agreement, to supply on loan to him temporary sanitary conveniences in substitution for any water closets or other sanitary conveniences so disconnected: Provided that Scottish Water shall make no charge for the supply, cleansing or removal of the temporary sanitary conveniences for the first 7 days of the period of loan or where the work is made necessary by a defect in a public sewer.

10 Emptying of septic tanks.

(1) It shall be the duty of Scottish Water to empty a septic tank serving premises in its area on its being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank— (a) to its being reasonably practicable to empty the tank; and (b) to all proper charges for its doing so being timeously paid. (2) The duty does not extend to septic tanks which receive trade effluent; but Scottish Water may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as it thinks fit. (3) If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final. (4) For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of the Water Industry (Scotland) Act 2002 (asp 3)).

11 Duty of local authority to keep map showing public sewers etc.

(1) Scottish Water shall keep deposited at its principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains , SUD systems and sewage treatment works which are vested in it by virtue of this Act or of the Water Industry (Scotland) Act 2002 (asp 3) or in respect of which it has made a determination under section 3A(2) of this Act; and Scottish Water shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as Scottish Water may determine. (2) Where some of the sewers so vested in Scottish Water are reserved for foul water only or for surface water only, the said map shall show also the purposes which each such sewer is intended to serve. (3) Scottish Water shall keep deposited at such of its offices, other than its principal office, as it considers appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and it shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, it does in relation to the map mentioned in that subsection at its principal office. (4) For the purposes of subsection (3) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to Scottish Water to be appropriate having regard to the geographical location of that office.

12 Rights of owners and occupiers to connect with and drain into public sewers etc.

(1) Subject to the provisions of this section and of section 14 below, the owner of any premises ... shall be entitled to connect his drains or , private sewers or private SUD systems with the sewers, SUD systems or sewage treatment works of Scottish Water , and the occupier of any such premises shall be entitled (a) by means of those drains or private sewers to drain into those sewers or works the domestic sewage, and (b) by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water, from those premises . (2) An owner shall not, under the foregoing subsection, be entitled to connect his drains , sewers or SUD systems with the sewers, SUD systems or works of Scottish Water unless the intervening land is land through which the owner is entitled to construct a drain , sewer or SUD system . (3) The owner of any premises who proposes to connect his drains , sewers or SUD systems with the sewers , SUD systems or works of Scottish Water , or to alter a drain , sewer or SUD system connected with such sewer , system or works in such a manner as may interfere with them, shall give to Scottish Water notice of his proposals, and within 28 days of the receipt by it of the notice Scottish Water may refuse permission for the connection or alteration, or grant permission for the connection or alteration, subject to such conditions as it thinks fit, and any such permission may in particular specify the mode and point of connection and, where there are separate public sewers for foul water and surface water, prohibit the discharge of foul water into the sewer reserved for surface water, and prohibit the discharge of surface water into the sewer reserved for foul water. (4) Scottish Water shall forthwith intimate to the owner its decision on any proposals made by him under subsection (3) above, and, where permission is refused, or granted subject to conditions, shall inform him of the reasons for its decision and of his right of appeal under subsection (5) below. (5) If a person to whom a decision has been given under subsection (4) above is aggrieved by the decision or any conditions attached thereto, he may appeal to the Secretary of State who may confirm the decision and any such conditions either with or without modification or refuse to confirm it. (6) Where permission has been granted as mentioned in subsection (3) above or by virtue of subsection (5) above, the person to whom it was granted shall, before commencing any work in pursuance of that permission, give not less than 3 days’ notice to Scottish Water so as to enable it to supervise the execution of the work, and shall afford it all reasonable facilities for so doing. (7) Where any work to be done in pursuance of a permission granted under subsection (3) above or by virtue of subsection (5) above involves the breaking open of a road , Scottish Water may undertake the work in the road and may recover the expenses reasonably incurred by it in so doing from the person for whom the work was done. (8) Any person who connects a drain , sewer or SUD system to the sewers , SUD systems or works of Scottish Water or alters a drain , sewer or SUD system without permission granted under this section, or contrary to any conditions attached thereto, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £40,000 , and Scottish Water may, whether or not proceedings have been taken under this subsection, close, remove or remake any such unlawful connection, and recover from the offender any expenses reasonably incurred by it in so doing.

13 Rights of owners and occupiers to connect with and drain into sewers etc. of another local authority.

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14 Direction by local authority as to manner of construction of works.

(1) Where the owner of any premises proposes to construct a drain , sewer or SUD system in respect of which notice has been given to Scottish Water by virtue of section 12(3) above ... , or sewage treatment works in respect of which notice has been given under subsection (2) below, Scottish Water may, if it considers that the proposed drain, sewer , SUD system or works is, or is likely to be, needed to form part of a general sewerage system which it has provided or propose to provide, within 28 days of the receipt by it of the notice direct him to construct the drain, sewer , SUD system or works in a manner differing from that in which he proposes to construct the drain, sewer , SUD system or works. (2) Where the owner of any premises proposes to construct sewage treatment works to serve those premises he shall give notice of his proposals to Scottish Water . (3) If a person to whom a direction has been issued under subsection (1) above is aggrieved by the direction, he may appeal to the Secretary of State, who may disallow the direction or allow it with or without modification. (4) A person to whom a direction is issued under this section shall, before commencing any work in pursuance of that direction, give not less than 3 days’ notice to Scottish Water so as to enable it to supervise the execution of the work and shall afford it all reasonable facilities for so doing. (5) Where Scottish Water has issued a direction under subsection (1) above, it shall pay to the person constructing the drain, sewer, SUD system or sewage treatment works the extra expenses reasonably incurred by him in complying with the direction and, until the drain, sewer, SUD system or works become vested in Scottish Water, it shall also from time to time pay to him so much of any expenses reasonably incurred by him in repairing, operating or maintaining the drain, sewer , SUD system or works as may be attributable to its direction having been made and complied with, and, if any question arises as to the amount of any payment to be made to him under this subsection, he may refer it by summary application to the sheriff whose decision on the matter shall be final. (6) If any person who under this section has been directed by Scottish Water to construct a drain, sewer , SUD system or sewage treatment works in a particular manner constructs them otherwise than in accordance with the terms of the direction, or, if the direction has been modified under subsection (3) above, of the modified direction, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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.

16 Vesting of sewers and other works in local authority.

(1) There shall vest in Scottish Water— (a) all sewers , SUD systems and sewage treatment works constructed by it at its expense in pursuance of section 1 above; (b) all junctions with its sewers, . . . whether constructed at the expense of Scottish Water or otherwise; (c) subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers and private SUD systems connecting with its sewers or sewage treatment works; (cc) where it enters into an agreement under subsection (2) of the said section 3A or under subsection (2) of section 16A of this Act (and subject to the terms of that agreement), all private sewers and private SUD systems , or as the case may be parts of sewers and systems , to which the agreement relates; (d) all sewage treatment works and SUD systems taken over by it by virtue of an agreement under section 8 above; and (e) all sewage treatment works and SUD systemstaken over by it under section 17 below. (2) Private sewers , private SUD systems and junctions with sewers referred to in the foregoing subsection which are completed after the date when section 21 of the Water Industry (Scotland) Act 2002 (asp 3) comes into force shall vest in Scottish Water on the date of their completion, and the works and SUD systems referred to in paragraph (e) of the foregoing subsection shall vest in Scottish Water in accordance with the provisions of section 17 below. (3) All sewers, junctions therewith, drains , SUD systemsand sewage treatment works vested in Scottish Water shall be the property of Scottish Water which shall be solely responsible for their management, maintenance and renewal. (4) In this section “junction” means the junction between a public sewer and any other sewer or drain.

16A Vesting of certain private sewers.

(1) Subject to any agreement entered into under subsection (2) below, there shall vest in a person authorised, under subsection (1) of section 3A of this Act, by Scottish Water to construct a sewer not connecting with its sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection and any sewer or SUD system vested in a person by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal. (2) Notwithstanding subsection (1) above, Scottish Water may, on such terms and conditions as it thinks fit, at any time enter into an agreement under which the sewer or SUD system , or any part of it, shall vest in it .

17 Local authority may take over private sewage treatment works.

(1) Subject to the provisions of this section, Scottish Water may, by agreement with the owner of any private sewage treatment works or private SUD system , or failing such agreement, in pursuance of proposals made by it under subsection (2) below, take over the works or system . (2) Scottish Water may, by notice served on the owner of works or a SUD system as mentioned in the foregoing subsection, intimate its proposals to take over the works or system within such period, not being less than 2 months, as may be specified in the notice, and on such conditions, including if it thinks fit conditions as to payment of compensation by it, as may be so specified ... ; any notice served under this subsection shall inform the owner of his right of appeal under subsection (3) below. (3) If an owner on whom a notice has been served under subsection (2) above is aggrieved by the notice, he may, within the period specified in the notice, appeal to the Secretary of State who may confirm the proposals of Scottish Water and any conditions so specified either with or without modification or refuse to confirm them. (4) All works and any SUD system taken over by Scottish Water under this section shall vest in it in accordance with the terms of any agreement made under subsection (1) above, or failing such agreement, at the end of the period specified under subsection (2) above or on such date as may be specified by the Secretary of State in his decision on an appeal under subsection (3) above. (5) Subject to the provisions of this Act, a person who immediately before the taking over of works or a SUD system under this section was lawfully entitled to use them or it shall continue to be so entitled after they haveor it has been so taken over. (6) An agreement under subsection (1) above or proposals under subsection (2) above may relate to a part only of works or a SUD system .

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20 Compensation for loss etc. resulting from exercise of powers under this Part of this Act.

(1) Subject to the provisions of this section, Scottish Water shall make full compensation for any loss, injury or damage sustained by any person by reason of the exercise by Scottish Water of any of its powers under this Part of this Act in relation to a matter as to which he has not himself been in default. (2) Any question arising under this section as to the fact of loss, injury or damage or as to the amount of compensation shall, in the case of dispute, be referred to a single arbiter to be appointed by agreement between the parties or, in default of agreement, by the Secretary of State, 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. (3) A claim for compensation against Scottish Water under this section shall not be maintainable unless it is made to Scottish Water within 24 months after the date on which it is alleged to have arisen. (4) Where an owner of land claims compensation in respect of loss, injury or damage sustained by him by reason of Scottish Water having, in the exercise of its powers under this Part of this Act, constructed a sewer in, on or over his land, the arbiter in determining the amount of compensation shall determine also by what amount, if any, the value to the claimant of any land belonging to him has been enhanced by the construction of the sewer, and Scottish Water shall be entitled to set off that amount against the amount of any compensation awarded. (5) 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.

21 Buildings not to interfere with sewers.

(1) Unless with the consent of Scottish Water, which shall not be unreasonably withheld, no building shall be erected or embankment constructed over, or in such a way as to interfere with or to obstruct access to, any sewer or SUD system vested in Scottish Wateror in respect of which it has made a determination under section 3A(2) of this Act. (2) If any question arises as to whether consent under the foregoing subsection has been unreasonably withheld or as to what conditions should be attached to the consent, a person aggrieved may refer the question by summary application to the sheriff, whose decision in the matter shall be final. (3) In this section “building” has the same meaning as in section 55(1) and (2) of the Building (Scotland) Act 2003 (asp 8).

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.

23 Restriction on working minerals.

Sections 71 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (which restrict the working of minerals, subject to the payment of compensation), as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, shall apply in relation to (a) any public sewers, public sewage treatment works , public SUD systems or public drains; and (b) any sewers, sewage treatment works , SUD systems or drains not vested in Scottish Water but forming (or forming part of) any such system as is mentioned in section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) , to which they do not already apply, with the substitution— (i) for references to the railway, of references to the sewers, works , SUD systems or drains; and (ii) for references to the company, of references to Scottish Water , or as the case may be to the person other than Scottish Water , in whom the sewers, works , SUD systems or drains are vested.

24 Right to discharge into public sewers.

(1) Subject to the provisions of this Act, the occupier of any trade premises within the area of Scottish Water may discharge into the sewers or sewage treatment works of Scottish Water any trade effluent from those premises. (2) Any occupier of trade premises who discharges trade effluent into the sewers or sewage treatment works of Scottish Water without the consent of Scottish Water, where such consent is required, or contrary to any direction given or condition imposed by virtue of any provision of this Part of this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £40,000 .

25 Meaning of new discharge.

In this Part of this Act, “new discharge” means a discharge from trade premises into the sewers or sewage treatment works of Scottish Water of trade effluent where the discharge— (a) has not previously been lawfully made into such sewers or works; or (b) not being an existing discharge by virtue of the proviso to section 33(1) below and whether commenced before or after the commencement of this section, has become substantially altered in nature or composition or whose temperature, volume or rate of discharge has been substantially increased since the commencement of this section; or (c) has been discontinued for a period of two years or more, the whole or part of which period occurs after the commencement of this section, and is thereafter resumed.

26 New discharge only with consent of the authority.

Subject to section 37 below, an occupier or prospective occupier of trade premises who proposes to make a new discharge of trade effluent from those premises into the sewers or sewage treatment works of Scottish Water shall obtain the consent of Scottish Water to the discharge, which shall be applied for in accordance with section 27 below.

27 Procedure on application for consent to new discharge.

(1) An application for the consent of Scottish Water under section 26 above shall be made by serving a notice on Scottish Water(hereafter in this Part of this Act referred to as a “trade effluent notice”). (2) A trade effluent notice shall state so far as is reasonably practicable— (a) the nature, composition and temperature of the effluent; (b) the maximum quantity of the effluent which it is proposed to discharge on any one day; (c) the maximum hourly rate at which it is proposed to discharge the effluent. (3) Where the person applying for the consent of Scottish Water is not the owner of the premises, he shall, at the same time as serving a trade effluent notice on Scottish Water under subsection (1) above, send a copy of the notice to the owner of the premises and inform him that he may make representations in respect of the application to Scottish Water within 28 days of receipt of the copy. (4) Scottish Water on receiving a trade effluent notice shall forthwith send a copy of the notice to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) any other body acting under statutory powers which, in the opinion of Scottish Water, has an interest in the application. and at the same time shall inform ... any body to which a copy of the notice is sent in pursuance of this subsection that they may make representations in respect of the application to the authority within 28 days of receipt of the copy. (5) Scottish Water before making a decision on an application shall take into account any representations made in pursuance of subsections (3) and (4) above. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Time to dispose of application.

(1) An application for the consent of Scottish Water under section 26 above shall, subject to the following subsection, be decided by it and intimated in accordance with section 30 below within a period of 3 months of the receipt by it of a trade effluent notice. (2) Any such application which has been the subject of a reference to the Secretary of State under section 27(6) above shall be decided and so intimated by Scottish Water within a period of 28 days of the receipt by it of the Secretary of State’s decision under the said section 27(6).

29 Decision on application.

(1) Scottish Water in its decision on an application under section 26 above may refuse its consent or it may grant its consent either unconditionally or subject to such conditions as it may think fit to impose. (2) Where Scottish Water has failed to intimate its decision on an application within the 3 month period referred to in subsection (1), or, as the case may be, the 28 day period referred to in subsection (2), of section 28 above, it shall be deemed to have made a decision on the last day of that period refusing its consent to the application. (3) Without prejudice to subsection (1) above, Scottish Water in granting its consent may impose conditions relating to— (a) the sewers into which any trade effluent may be discharged; (b) the nature or composition of any trade effluent which may be discharged; (c) the maximum quantity of any trade effluent which may be discharged on any one day, either generally or into a particular sewer; (d) the maximum hourly rate at which any trade effluent may be discharged, either generally or into a particular sewer; (e) the period or periods of the day during which any trade effluent may be discharged into the sewers; (f) the elimination from or the diminution in any trade effluent of cooling water; (g) the prevention of any injury to the health of persons engaged in carrying out the functions of Scottish Water under this Act as a result of the discharge of any trade effluent into the sewers; (h) the elimination or diminution of any specified constituent of any trade effleunt, before it enters the sewers, where Scottish Wateris satisfied that that constituent would, either alone or in combination with any matter with which it is likely to come into contact while passing through any sewers— (i) injure or obstruct those sewers, or make specially difficult or expensive the treatment or disposal of the sewage from those sewers, or (ii) (where the trade effluent is to be discharged into sewers having an outfall in any harbour or in any waters below high water mark of ordinary spring tides or into sewers which connect directly or indirectly with sewers having such an outfall) cause or tend to cause injury or obstruction to the navigation on, or the use of, the said harbour or waters; (i) the temperature of any trade effluent at the time when it is discharged into the sewers and its acidity or alkalinity at that time; (j) the payment by the occupier of the trade premises to Scottish Water of charges for the reception of any trade effluent into the sewers, and for the treatment and disposal thereof, regard being had to the nature and composition and to the volume and rate of discharge of the trade effluent so discharged, to any additional expense incurred or likely to be incurred by Scottish Water in connection with the reception, treatment or disposal of the trade effluent or in connection with the provision already made by it for the treatment and disposal of trade effleunt in its area, and to any revenue likely to be derived by Scottish Water from the trade effluent; (k) the provision and maintenance of such inspection chambers or manholes as will enable a person readily to take at any time samples of any effluent passing into the sewers from the trade premises; (l) the provision and maintenance of such meters as may be required to measure the volume and rate of discharge of any trade effluent being discharged from the trade premises into the sewers and for the testing of such meters; (m) the provision and maintenance of apparatus for determining the nature, composition and temperature of any trade effluent being discharged from the premises into the sewers and for the testing of the apparatus; (n) the keeping of records of the volume, rate of discharge, nature, composition and temperature of any trade effluent being so discharged, and in particular the keeping of records of readings of meters and other recording apparatus provided in compliance with any other condition imposed in connection with the consent; (o) the making of returns and giving of other information to Scottish Water concerning the volume, rate of discharge, nature, composition and temperature of any trade effluent so discharged. (p) the elimination from or diminution in any trade effluent of any priority substance or pollutant. (4) A consent granted under this section, and (where such consent is granted subject to any conditions) all or any of the conditions, may be made to take effect as from a specified date or for a specified period, being not less than two years, or both as from a specified date and for such a specified period. (5) Any decision of Scottish Water under this section shall continue to be effective notwithstanding that there has been a change of ownership or occupancy of the premises to which the decision relates. (6) Where an application under section 26 above is for the consent of Scottish Water to an increase of volume or rate of discharge of a discharge which is already being made lawfully. no decision of Scottish Water under this section shall have the effect of restricting the discharge already being made. (7) In this section, any reference to a sewer or sewers includes a reference to sewage treatment works, and “harbour” has the same meaning as in section 57 of the Harbours Act 1964.

29A Priority substances etc.

(1) In section 29(3)(p)— “pollutant” has the meaning given in regulation 2(1) of the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013, “priority substance” means substance listed in Annex X of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (as amended from time to time). (2) The Scottish Ministers may by regulations modify the definitions in subsection (1). (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 (as the case may be)— (a) the Regulations or Directive mentioned in subsection (1), or (b) any subsequent regulations made under section 20 of the Water Environment and Water Services (Scotland) Act 2003 or directive concerning the same subject-matter as that Directive. (4) Regulations under subsection (2) are subject to the negative procedure.

30 Intimation of decision.

(1) Scottish Water shall intimate its decision under section 29 above, and the reasons therefor, to the owner and occupier or prospective occupier of the trade premises in question and to any ... other body to which a copy of the trade effluent notice was sent under section 27(4) above. (2) An intimation of a decision under this section shall— (a) draw attention to the provisions of section 29(5) above; (b) refer to the applicant’s right of appeal against, and the power of review of, the decision under this Part of this Act.

31 Appeal against refusals and conditions.

Where the applicant for consent under section 26 above is aggrieved by the decision of Scottish Water under section 29 above, he may appeal to the Secretary of State, who may dispose of the appeal in any way competent to Scottish Water in their decision on the application.

32 Review of consents, conditions and refusals.

(1) Scottish Water may, and when requested so to do by the occupier of the premises in question shall, by direction review a decision made by it under section 29 above. (2) Before making a direction under this section, Scottish Water shall intimate to the owner and occupier of the premises in question that it proposes to make such a direction, and its reasons therefor, and inform the owner and occupier that they may, within 28 days of receipt of the intimation, make representations to it in respect of the proposals. (3) Before making such a direction Scottish Water shall take into account any representations made in pursuance of subsection (2) above. (4) Section 29 above except subsection (2), and section 30 above except subsection (1) so far as relating to intimation to any ... other body, shall, with any necessary modifications, apply to such a direction as they apply to a decision under the said section 29. (5) No review under this section may take place earlier than two years after the making of a decision under the said section 29, and thereafter reviews may take place at intervals of not less than two years, unless in either case Scottish Water and the applicant otherwise agree in writing. (6) A direction under this section shall take effect from a date specified therein, but not earlier than 3 months after the date of the direction. (7) Where a direction is made under this section relating to the discharge of trade effluent from any premises, the occupier of the premises may appeal against the direction to the Secretary of State, who may dispose of the appeal in any way competent to Scottish Water in making the direction.

33 Meaning of existing discharge.

(1) In this Part of this Act, “existing discharge” means a discharge of trade effluent from trade premises into the sewers or sewage treatment works of a local authority which was lawfully made within the period of two years ending on the date of the commencement of this section: Provided that where before the said date the local authority and the person making the discharge have agreed that after that date the nature or composition of the discharge may be altered or the temperature, volume or rate of discharge may be increased, any discharge made in accordance with such agreement shall be treated for the purposes of this Part of this Act as an existing discharge. (2) Any dispute between Scottish Water and the person making the discharge as to whether the discharge is an existing discharge shall be determined by the sheriff, against whose determination an appeal shall lie to the Court of Session.

34 Right to continue existing discharge.

Subject to this Part of this Act, and except where Scottish Water and the person making the discharge otherwise agree, an existing discharge shall be allowed to continue.

35 Furnishing of information.

The owner or occupier of premises from which an existing discharge is being made shall, when requested in writing to do so by Scottish Water, furnish such information to Scottish Water concerning the discharge as an applicant for consent to a new discharge is required to furnish in a trade effluent notice under section 27(2) above, and information concerning the period for which the discharge has continued.

36 Review of continuation of existing discharge.

(1) Scottish Water may, and when requested by the person making the discharge shall, review the making of an existing discharge and may direct that any continuation of the discharge shall be either unconditional or subject to such conditions as it may think fit to impose. (2) Scottish Water may by direction from time to time, and when requested by the person making the discharge shall, review a direction under the foregoing subsection, but, unless Scottish Water and the person making the discharge otherwise agree in writing, reviews under this subsection shall not take place at intervals of less than two years. (3) Section 29 above, except subsection (1) so far as relating to the refusal of consent and subsection (2), and section 30 above shall, with any necessary modifications, apply to a direction under this section as they apply to a decision under the said section 29; and subsections (2), (3) and (6), and subject to subsection (4) below, subsection (7) of section 32 above, shall apply to such a direction as they apply to a direction under the said section 32. (4) Where Scottish Water has directed under subsection (1) above that the continuation of the discharge shall be subject to conditions imposed by it which did not previously apply to the making of the discharge, and an appeal is made against the imposition of those conditions, it shall be for Scottish Water to establish that the circumstances of the making of the discharge or its reception, treatment or disposal are so altered as compared with those pertaining before the date of the commencement of section 33 above that it is reasonable that those conditions should be imposed.