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Section 3A Authorisation of construction of certain private sewers etc.C1F1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Without prejudice to F2 its powers under section 3 of this Act (including any power to authorise the construction, on its behalf, of a public sewer), F3 Scottish Water may authorise a person to construct, within its area but whether or not connecting with its sewers or sewage treatment works, a sewer—

(a)

in, under or over any road, or under any cellar or vault below any road; or

(b)

in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier,

but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by F4 it under subsection (1) of that section.

(2)

F5 Scottish Water —

(a)

in giving authorisation to a person under subsection (1) above; or

(b)

as respects any sewer F6 or SUD system (not being a sewer constructed by or on behalf of F7 Scottish Water ) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer F8 or system will connect with F9 its sewers F10 , SUD systems or sewage treatment works, determine (and by written notice advise the person) that all, or a part which F11 it shall specify in the notice, of the sewer or system constructed shall not vest in F12 it through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination F13 Scottish Water may, on such terms and conditions as F14 it thinks fit, then or at some later time enter into an agreement under which the sewer or system , or as the case may be the part, shall vest in it .

Annotations

Textual amendments

F1

S. 3A and sidenote inserted (4.1.1995) by 1994 c. 39, s. 101 (with s. 74(4)); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)

F2

Words in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(i) (with s. 67); S.I. 2002/118, art. 2

F3

Words in s. 3A(1) 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

F4

Word in s. 3A(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(a)(ii) (with s. 67); S.I. 2002/118, art. 2

F5

Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

F6

Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(a); S.S.I. 2007/512, art. 2(c)

F7

Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 4 (with s. 67); S.I. 2002/118, art. 2

F8

Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(b); S.S.I. 2007/512, art. 2(c)

F9

Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(i) (with s. 67); S.I. 2002/118, art. 2

F10

Words in s. 3A(2)(b) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 5(c); S.S.I. 2007/512, art. 2(c)

F11

Word in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(ii) (with s. 67); S.I. 2002/118, art. 2

F12

Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iii) (with s. 67); S.I. 2002/118, art. 2

F13

Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.I. 2002/118, art. 2

F14

Words in s. 3A(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 8(b)(iv) (with s. 67); S.I. 2002/118, art. 2

Modifications

C1

S. 3A: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 c. 39, s. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)