Section 12 Rights of owners and occupiers to connect with and drain into public sewers etc.

Subject to the provisions of this section and of section 14 below, the owner of any premises F1... shall be entitled to connect his drains or F2, private sewers or private SUD systems with the sewersF3, SUD systems or sewage treatment works of F4Scottish Water , and the occupier of any such premises shall be entitled

from those premises .

An owner shall not, under the foregoing subsection, be entitled to connect his drains F7, sewers or SUD systems with the sewersF8, SUD systems or works of F9 Scottish Water unless the intervening land is land through which the owner is entitled to construct a drain F10 , sewer or SUD system .

The owner of any premises who proposes to connect his drains F11, sewers or SUD systems with the sewers F12, SUD systems or works of F13 Scottish Water , or to alter a drain F14, sewer or SUD system connected with such sewerF15 , system or works in such a manner as may interfere with them, shall give to F16 Scottish Water notice of his proposals, and within 28 days of the receipt by F17 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 F18 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.

Scottish Water shall forthwith intimate to the owner F19 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.

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.

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 F20 Scottish Water so as to enable F21 it to supervise the execution of the work, and shall afford it all reasonable facilities for so doing.

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 F22 road , F23 Scottish Water may undertake the work in the road and may recover the expenses reasonably incurred by F24 it in so doing from the person for whom the work was done.

Any person who connects a drain F25, sewer or SUD system to the sewers F26 , 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 F27 £40,000 , and F28 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 F29 it in so doing.