Section 46A Offence as to fat, oil or greaseF1

Scotland

(1)

A person commits an offence if—

(a)

the person passes, or permits to be passed, any relevant substance from trade premises into—

(i)

a public sewer, or

(ii)

a drain connecting with such a sewer, and

(b)

the condition in subsection (2) is met.

(2)

The condition is that the relevant substance (alone or in combination with any matter with which it comes, or may come, into contact)—

(a)

interferes with, or is likely to interfere with, the free flow of the contents of the sewer, or

(b)

adversely affects, or is likely so to affect, the treatment or disposal of the contents of the sewer.

(3)

But no offence is committed under subsection (1) if the relevant substance is passed in accordance with the provisions of Part II of this Act.

(4)

In subsections (1) to (3), “relevant substance” means fat, oil or grease.

(5)

A person who commits an offence under subsection (1) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

Annotations

F1: Ss. 46A, 46B inserted (21.12.2013) by Water Resources (Scotland) Act 2013 (asp 5), ss. 35(2), 56(1)(2); S.S.I. 2013/342, art. 2(c)