Sewerage (Scotland) Act 1968

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).

Expenses

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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.

Orders

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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.

Interpretation

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• (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), andincludes 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.

Amendments and repeals

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• (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.

Short title, extent and commencement

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• (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.

SCHEDULE 1

The Public Health (Scotland) Act 1897

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The Local Government (Scotland) Act 1947

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In Schedule 6, item 11, for the words “Section 139 of the Public Health (Scotland) Act 1897” there shall be substituted the words “The Sewerage (Scotland) Act 1968”.

The Radioactive Substances Act I960

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SCHEDULE 2

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

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

3A

• (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 .

16A

• (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 .

37A

• (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

• (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

• (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.

The Radioactive Substances Act 1960

Editorial notes