Sewerage (Scotland) Act 1968

Part I — General Provisions as to Sewerage

Duties and powers of local authorities

Duty of local authority to provide for sewerage of their area

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• (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.

Maintenance of public sewers and other works

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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).

Construction etc. of public sewers and public sewage treatment works

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• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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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.

Agreements between local authorities

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Functions outwith the area of a local authority

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

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• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements as to provision of sewers etc. for new premises

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• (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.

Loan of temporary sanitary conveniences

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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.

Emptying of septic tanks

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• (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)).

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

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• (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.

Rights and duties of owners and occupiers

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

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• (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.

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

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Direction by local authority as to manner of construction of works

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• (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.