Sewerage (Scotland) Act 1968

JurisdictionUK Non-devolved
Citation1968 c. 47


Sewerage (Scotland) Act 1968

1968 CHAPTER 47

An Act to make new provision as respects sewerage in Scotland, and for connected purposes.

[26th July 1968]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I General Provisions as to Sewerage

Part I

General Provisions as to Sewerage

Duties and powers of local authorities

Duties and powers of local authorities

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

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 every local authority to provide such public sewers as may be necessary for effectually draining their 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 their sewers.

(2) Without prejudice to the generality of the foregoing subsection, every local authority shall take their 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 therewith at a reasonable cost.

(3) The duties imposed by the foregoing subsections shall not require a local authority to do anything which is not practicable at a reasonable cost.

(4) If any question arises under this section as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which public sewers must be taken to enable drains or private sewers to be connected therewith at a reasonable cost, the Secretary of State, if requested to do so by any person aggrieved, shall, after consultation with that person and with the local authority concerned, determine that question, and the local authority shall give effect to his determination.

S-2 Maintenance of public sewers and other works.

2 Maintenance of public sewers and other works.

2. Subject to section 4 below, it shall be the duty of every local authority to inspect, maintain, repair, cleanse, empty, ventilate and where appropriate renew all sewers, sewage treatment works and other works vested in them by virtue of this Act.

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

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

(1) Subject to the provisions of this Act, a local authority may, within or outwith their area—

(a ) construct a public sewer—

(i) in, under or over any street, or under any cellar or vault below any street;

(ii) in, on or over any land not forming part of a street;

(b ) construct public sewage treatment works in or on any land held by them or appropriated for the purpose.

(2) Before commencing construction of a sewer in, on or over any land not forming part of a street, a local authority shall serve notice of their intention on the owner and the occupier of the 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, the local authority 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 349 of the Local Government (Scotland) Act 1947 (service of notices) shall apply to notices under subsection (2) above relating to land as it applies to notices relating to premises.

(4) Where a local authority, in the exercise of their powers under subsection (1) above, propose to execute works outwith their area otherwise than in pursuance of an agreement under section 5 below, they shall in addition to any notice served under subsection (2) above serve notice of their intention on the local authority within whose area it is proposed to execute the works together with a description of the proposed works and if within two months after the service of the notice the local authority on whom it was served object to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Secretary of State 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 his decision on the matter shall be final.

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

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

4. A local authority may, if they think fit, close, alter, replace or remove any sewer, sewage treatment works or other works vested in them by virtue of this Act, but, before any person who is lawfully using the sewer or works for any purpose is deprived by the authority of that use, they shall provide a sewer or works equally effective for that use and shall at their expense carry out any work necessary to connect his drain or private sewer with the sewer or works so provided.

S-5 Agreements between local authorities.

5 Agreements between local authorities.

(1) A local authority may enter into an agreement as respects any of the following matters with another local authority, and on such terms and conditions as may be specified in the agreement—

(a ) whereby they shall exercise, in relation to any part of the area of the other authority, or in relation to any premises situated therein, any of the functions of the other authority under this Act;

(b ) whereby their sewers or sewage treatment works may be connected with and discharged into the sewers or sewage treatment works of the other authority.

(2) In the event of authorities failing to agree as to the terms or conditions on which they should make an agreement under the foregoing subsection, the Secretary of State may, on the application of those authorities, determine those terms or conditions, and his decision on the matter shall be final.

S-6 Functions outwith the area of a local authority.

6 Functions outwith the area of a local authority.

6. Where by virtue of an agreement under section 5 above or in pursuance of section 13 below a local authority exercise any functions in relation to any part of the area of another local authority or in relation to any premises situated therein, they may do so as if that part or those premises were situated within their area.

S-7 Agreements between highway and local authorities.

7 Agreements between highway and local authorities.

(1) Subject to the provisions of this section, a highway authority and a local authority 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 or drains for the conveyance of water from the surface of streets or surface water from premises.

(2) Where a sewer or drain with respect to which a highway authority and a local authority propose to make an agreement under this section discharges, whether directly or indirectly, into the sewers or sewage treatment works of another local authority, the agreement shall not be made without the consent of that other authority, who may give their consent upon such terms and conditions as they think fit.

(3) A highway authority or local authority 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 a local authority shall not, under subsection (2)...

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