Section 38C Common maintenanceF1

(1)

Subsection (2) applies where two or more persons own any private works in common.

(2)

Any of the persons may take (or cause to be taken) any measures that the person considers necessary for ensuring that the works are properly maintained so that they comply with any applicable conditions under the F22018 Regulations.

(3)

Subsection (2) is subject to section 38D.

(4)

In subsection (2), the reference to being properly maintained includes being emptied as required from time to time.

Annotations

Textual amendments

F1: Pt. 2A inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 37, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)
F2: Words in s. 38C substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 1(3) (with sch. 23)