{
  "url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-10/paragraph-4",
  "json_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-10/paragraph-4.json",
  "legislation": "ssi/2018/219",
  "legislation_title": "The Environmental Authorisations (Scotland) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018",
  "path": "schedule/10/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Authorised person in relation to a private sewage activity",
  "text": "(1) This paragraph applies in relation to authorisations for the carrying on of a private sewage activity except where—\n(a) the authorisation provides for the carrying on of any other regulated activity in addition to the carrying on of a private sewage activity, or\n(b) SEPA considers it appropriate to authorise the carrying on of a particular private sewage activity by permit.\n(2) The “authorised person” in relation to that activity is the owner of any land from which domestic sewage is or is to be discharged into a private sewage treatment works.\n(3) The definition of authorised person in paragraph (2) includes—\n(a) where an authorised person has been adjudged bankrupt or the estate of the authorised person is sequestrated, the trustee in bankruptcy,\n(b) where an executor has been appointed to an authorised person’s estate, the executor,\n(c) where the authorised person is a body corporate, and—\n(i) a receiver has been appointed, the receiver,\n(ii) an administrator has been appointed, the administrator,\n(iii) a liquidator has been appointed, the liquidator,\n(d) where an authorised person is a partnership which is dissolved, any person who was a partner immediately before dissolution.\n(4) The following provisions do not apply in relation to the authorisation of, or carrying on of, a private sewage activity to which this paragraph applies—\n(a) regulation 5 (interpretation: authorised person),\n(b) regulation 12(3)(a) (notifications),\n(c) regulation 16 (application for a registration),\n(d) regulation 17(1)(b) (form and content of a registration),\n(e) regulation 18(3) (grant of registration),\n(f) regulation 19(2)(a) (variation of registrations: purposes),\n(g) regulation 19(3) (variation of registrations: authorised person),\n(h) regulation 27 (transfer of a registration or permit),\n(i) regulation 28 (effect of transfer),\n(j) regulation 29 (transfer of revocation notice),\n(k) regulation 30(1)(c) (surrender of registration or permit).\n(5) The notification of the carrying on or the proposed carrying on of a private sewage activity to which this paragraph applies under regulation 12 must be made by the authorised person.\n(6) An application to SEPA for a registration for the carrying on of a private sewage activity to which this paragraph applies must be made in accordance with schedule 1 by the authorised person.\n(7) Regulation 46 (regulatory notices) applies in relation to a private sewage activity to which this paragraph applies in accordance with the following modifications—\n(a) regulation 46(1) and (2) are to be read as if there were substituted—\n“46. (1) This regulation applies where SEPA is of the opinion that—\n(a) a private sewage activity has been or is being carried on, and\n(b) at least one of the following apply—\n(i) steps are required to be taken to prevent or mitigate environmental harm caused or likely to be caused by the private sewage activity,\n(ii) steps are required to be taken to restore the environment affected or likely to be affected by the regulated activity,\n(iii) the authorised person has contravened, is contravening, or is likely to contravene a condition, or other provision, of a registration or a general binding rule,\n(iv) the authorised person has committed an offence under these Regulations,\n(2) Where this regulation applies, SEPA may serve a notice (a “regulatory notice”) on the authorised person.”,\n(b) regulation 46(3) is to be read as if sub-paragraphs (f) and (g)(v) were omitted.\n(8) Regulation 60 (power of SEPA to impose authorisations) applies in relation to a private sewage activity to which this paragraph applies in accordance with the following modifications—\n(a) in regulation 60(1), the reference to “regulated activity” is to be read as if there were substituted “private sewage activity”,\n(b) regulation 60(3) and (4) are to be read as if there were substituted—\n“(3) SEPA must give notice to the authorised person carrying on the private sewage activity that it is treating the activity in accordance with paragraph (1).\n(4) Where SEPA treats an activity in accordance with paragraph 60(1), SEPA must grant an authorisation to the authorised person.”.\n(9) Regulation 63(6)(b) (accelerated applications) does not apply in relation to a private sewage activity to which this paragraph applies.\n(10) Any regulatory notice, revocation notice or surrender notice in force in respect of a registration authorising the carrying on of a private sewage activity to which this paragraph applies must be complied with by the authorised person for that activity.\n(11) SEPA may not revoke an existing water registration on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity in relation to a private sewage activity.\n(12) In this paragraph—\n(a) “domestic sewage” and “private sewage treatment works” have the meanings given in section 59 of the Sewerage (Scotland) Act 1968,\n(b) “private sewage activity” means the discharge of domestic sewage, whether treated or untreated, from a private sewage treatment works.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 10 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 1 (with sch. 23)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/219/schedule/10/paragraph/4",
    "retrieved_at": "2026-10-28T21:11:56.403037+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}