Section 37 Agreements as respects trade premises.C1

Scotland

(1)

F1Scottish Water may enter into an agreement with the owner or occupier of any trade premises within F2its area for the reception, treatment or disposal by F3it of any trade effluent produced on those premises.

(2)

The reference in the foregoing subsection to an agreement shall include a reference to an agreement varying or renewing an existing agreement, whether that existing agreement was entered into before or after the commencement of this section.

(3)

Where Scottish Water propose to enter into an agreement under this section with an occupier who is not also the owner of trade premises, F4it shall intimate the proposal to the owner who may, within 28 days of receipt of the intimation, make representations in respect of the proposal.

(4)

Before F5Scottish Water and such an occupier as is mentioned in subsection (3) above enter into an agreement under this section, F6Scottish Water shall take into account any representations made by the owner of the premises in question in pursuance of that subsection.

(5)

Without prejudice to subsection (1) above, any agreement under this section may provide for—

(a)

the construction by F7Scottish Water of such works as may be required for the reception, treatment or disposal of trade effluent;

(b)

the removal and disposal by F8Scottish Water of substances produced in the course of treating any trade effluent on or in connection with the premises;

(c)

the repayment by the owner or, as the case may be, occupier of the premises of the whole or part of the expenses incurred by F9Scottish Water in carrying out F10its obligations under the agreement.

C2(6)

A discharge of trade effluent which is made in accordance with an agreement under this section shall not otherwise require the consent of F11Scottish Water nor may the making of such a discharge be reviewed by the direction of F12Scottish Water; and accordingly sections 26 to 32 and 36 above shall not apply to such a discharge.

(7)

If the parties to an agreement under this section have failed to renew the agreement, with or without variation, on or before the date of its expiry, F13Scottish Water may, and if requested by the person making the discharge shall, review the making of the discharge by direction; and subsections (2) to (7) of section 32 above shall, with any necessary modifications, apply to a direction under this subsection.

(8)

Until a direction has been made under subsection (7) above in respect of an agreement, a discharge may continue to be made in accordance with the agreement.

(9)

Any reference in this section to an occupier shall include a reference to a prospective occupier.

Annotations

Textual amendments

F1: Words in s. 37(1)(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2
F2: Word in s. 37(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 32(a)(i) (with s. 67); S.S.I. 2002/118, art. 2
F3: Words in s. 37(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 32(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2
F4: Words in s. 37(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 32(b) (with s. 67); S.S.I. 2002/118, art. 2
F5: Words in s. 37(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2
F6: Words in s. 37(4) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F7: Words in s. 37(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F8: Words in s. 37(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F9: Words in s. 37(5) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F10: Word in s. 37(5)(c) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 32(c) (with s. 67); S.S.I. 2002/118, art. 2
F11: Words in s. 37(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2
F12: Words in s. 37(6) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2
F13: Words in s. 37(7) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.S.I. 2002/118, art. 2

Modifications

C1: Ss. 24-38 (Pt. II) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(3).
C2: S. 37(6) excluded (30.6.1993) by S.I. 1993/1446, reg. 3(2)(a).