Sewerage (Scotland) Act 1968

Cited authorities 37

Cited in

Amendments 520

Jurisdiction	UK Non-devolved
Citation	1968 c. 47
Year	1968

(1) Subject to the provisions of this Act, it shall be the duty of ^F1Scottish Water to provide such public sewers^F349and public SUD systems as may be necessary for effectually draining ^F2its 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 ^F2its sewers ^F350and SUD systems .^F4(3) The duties imposed by the foregoing subsections shall not require ^F7Scottish 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. constructing such other public sewers, public SUD systems and such public sewage treatment works, and carrying out such other work,

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Sewerage (Scotland) Act 1968
Part I: General Provisions as to Sewerage

Duties and powers of local authorities

1: Duty of local authority to provide for sewerage of their area.
2: Maintenance of public sewers and other works.
3: Construction etc. of public sewers and public sewage treatment works.
3A: Authorisation of construction of certain private sewers etc.
4: Power of local authority to close or alter public sewers etc.
5: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6: Functions outwith the area of a local authority.
7: Agreements between highway and local authorities.
8: Agreements as to provision of sewers etc. for new premises.
9: Loan of temporary sanitary conveniences.
10: Emptying of septic tanks.
11: Duty of local authority to keep map showing public sewers etc.

Rights and duties of owners and occupiers

12: Rights of owners and occupiers to connect with and drain into public sewers etc.
13: Rights of owners and occupiers to connect with and drain into sewers etc. of another local authority.
14: Direction by local authority as to manner of construction of works.
15: Owner or occupier to remedy defects in drains and other works.

Vesting of sewers, drains and works

16: Vesting of sewers and other works in local authority.
16A: Vesting of certain private sewers.
17: Local authority may take over private sewage treatment works.

Miscellaneous

18: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20: Compensation for loss etc. resulting from exercise of powers under this Part of this Act.
21: Buildings not to interfere with sewers.
22: Protection for statutory undertakers.
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

Part II: Trade Effluents

Right to discharge into public sewers

24: Right to discharge into public sewers.

Control of new discharges

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—
26: New discharge only with consent of the authority.
27: Procedure on application for consent to new discharge.
28: Time to dispose of application.
29: Decision on application.
29A: Priority substances etc.
30: Intimation of decision.
31: Appeal against refusals and conditions.
32: Review of consents, conditions and refusals.

Control of existing discharges

33: Meaning of existing discharge.
34: Right to continue existing discharge.
35: Furnishing of information.
36: Review of continuation of existing discharge.

Agreements in lieu of applications for consent

37: Agreements as respects trade premises.
37A: Register for purposes of Part II.
37B: Exclusion from register of information affecting national security.
37C: Exclusion from register of commercially confidential information

Supplementary

38: Power to extend Part II to other effluents.

PART IIA: Private sewage treatment works

38A: Application of Part

38B: Other rules

38C: Common maintenance

38D: Notice and effect

38E: Review of notice

38F: Recovery of cost

38G: Liability of owner

38H: Controlled Activities Regulations

Part III: Miscellaneous and General

39: Local authority to have right to sewage.
40: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41: Breaking open of streets, etc.
42: Execution of works by local authorities for other persons.

43: Power to require occupier to permit works to be executed by owner.
44: Power of local authorities to require information as to ownership etc. of premises.
45: Production of plans and furnishing of information to authorities.

46: Certain matter not to be passed into drains.

46A: Offence as to fat, oil or grease

46B: Damage caused by fat, oil or grease

47: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48: Powers of entry.

49: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50: Restriction on disclosure of information.

51: Procedure on appeals to Secretary of State.

52: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53: Notices etc. to be in writing.
54: Local enactments.

55: Application of Act to Crown premises.

56: Saving for Coast Protection Act 1949.
57: Expenses.
58: Orders.
59: Interpretation.

60: Amendments and repeals.

61: Short title, extent and commencement.

SCHEDULE 1 Section 60(1).
CONSEQUENTIAL AMENDMENTS

The Public Health (Scotland) Act 1897
The Local Government (Scotland) Act 1947
The Radioactive Substances Act 1960

SCHEDULE 2 Section 60(2).
ENACTMENTS REPEALED

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Sewerage (Scotland) Act 1968

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