| Guvnor

Enforced by: WICS
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 3 of 25 obligations carry a fine up to £1,000. 6 carry different penalties and 16 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7 Occupier6 Trader1

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Occupier — also bound by 235 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General Provisions as to Sewerage

10 of 25 sections shown

s.001 Duty of local authority to provide for sewerage of their area. Regulated

Other duties (1) — Crown / regulator

Scottish Water must provide and extend public sewerage systemsStatutory regulator

s.002 Maintenance of public sewers and other works. Regulated

Other duties (1) — Crown / regulator

Scottish Water must maintain and repair public sewers and treatment worksStatutory regulator

s.004 Power of local authority to close or alter public sewers etc. Regulated

Other duties (1) — Crown / regulator

Scottish Water must provide alternative sewerage before closing existing worksStatutory regulator

s.009 Loan of temporary sanitary conveniences. Regulated

Other duties (1) — Crown / regulator

Scottish Water may provide temporary toilets during sewer worksStatutory regulator

s.010 Emptying of septic tanks. Regulated

Other duties (1) — Crown / regulator

Scottish Water must empty septic tanks upon requestStatutory regulator

s.011 Duty of local authority to keep map showing public sewers etc. Regulated

Other duties (1) — Crown / regulator

Scottish Water must maintain and provide access to sewer network mapsStatutory regulator

s.012 Rights of owners and occupiers to connect with and drain into public sewers etc. Prosecution

Make unauthorised connection to public sewers or water systemsAny Person

Fine up to £40,000

s.014 Direction by local authority as to manner of construction of works. Prosecution

Construct drainage or sewage works contrary to official directionsAny Person

Fine up to £2,500

s.020 Compensation for loss etc. resulting from exercise of powers under this Part of this Act. Regulated

Other duties (1) — Crown / regulator

Scottish Water must compensate for losses caused by sewerage worksStatutory regulator

s.021 Buildings not to interfere with sewers. Regulated

Obtain consent before building over or near Scottish Water sewersTrader

15 other sections in this Part — procedural and definitional

s.003 Construction etc. of public sewers and public sewage treatment works.

s.003 Authorisation of construction of certain private sewers etc.

s.005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.006 Functions outwith the area of a local authority.

s.007 Agreements between highway and local authorities.

s.008 Agreements as to provision of sewers etc. for new premises.

s.013 Rights of owners and occupiers to connect with and drain into sewers etc. of another local authority.

s.015 Owner or occupier to remedy defects in drains and other works.

s.016 Vesting of sewers and other works in local authority.

s.016 Vesting of certain private sewers.

s.017 Local authority may take over private sewage treatment works.

s.018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.022 Protection for statutory undertakers.

s.023 Restriction on working minerals.

Part 2

Trade Effluents

7 of 19 sections shown

s.024 Right to discharge into public sewers. Prosecution

Discharge trade waste into public sewers without permissionOccupier

Fine up to £40,000

s.026 New discharge only with consent of the authority. Regulated

Obtain consent from Scottish Water before discharging trade effluentOccupier

s.028 Time to dispose of application. Regulated

Other duties (1) — Crown / regulator

Scottish Water must decide on trade effluent applications within set timeframesStatutory regulator

s.030 Intimation of decision. Regulated

Other duties (1) — Crown / regulator

Scottish Water must provide reasons for trade effluent decisionsStatutory regulator

s.035 Furnishing of information. Regulated

Provide information about existing discharges to Scottish WaterOccupier

s.036 Review of continuation of existing discharge. Regulated

Other duties (1) — Crown / regulator

Scottish Water must review discharge continuation when requestedStatutory regulator

s.037 Register for purposes of Part II. Regulated

Other duties (1) — Crown / regulator

Scottish Water must maintain a public register of sewerage agreementsStatutory regulator

12 other sections in this Part — procedural and definitional

s.025 Meaning of new discharge.

s.027 Procedure on application for consent to new discharge.

s.029 Decision on application.

s.029 Priority substances etc.

s.031 Appeal against refusals and conditions.

s.032 Review of consents, conditions and refusals.

s.033 Meaning of existing discharge.

s.034 Right to continue existing discharge.

s.037 Agreements as respects trade premises.

s.037 Exclusion from register of information affecting national security.

s.037 Exclusion from register of commercially confidential information

s.038 Power to extend Part II to other effluents.

Part 2

Private sewage treatment works

1 of 8 sections shown

s.038 Notice and effect Regulated

Notify other owners before performing common maintenance on private sewersAny Person

7 other sections in this Part — procedural and definitional

s.038 Application of Part

s.038 Other rules

s.038 Common maintenance

s.038 Review of notice

s.038 Recovery of cost

s.038 Liability of owner

s.038 Controlled Activities Regulations

Part 3

Miscellaneous and General

7 of 25 sections shown

s.044 Power of local authorities to require information as to ownership etc. of premises. Prosecution

Fail to provide information on property ownership or interestOccupier

Fine up to £1,000

s.045 Production of plans and furnishing of information to authorities. Prosecution

Fail to provide sewer plans or information to Scottish WaterOccupier

Fine up to £1,000

s.046 Certain matter not to be passed into drains. Imprisonment

Discharging harmful substances into public sewersAny Person

s.046 Offence as to fat, oil or grease Imprisonment

Unlawfully discharging fat, oil, or grease into public sewersAny Person

s.048 Powers of entry. Prosecution

Obstructing access to land or premises for sewerage worksAny Person

Fine up to £1,000

s.050 Restriction on disclosure of information. Prosecution

Unlawfully disclose trade secrets or sensitive business informationAny Person

Unlimited fine

s.053 Notices etc. to be in writing. Regulated

Ensure all sewerage communications are in writingOccupier

18 other sections in this Part — procedural and definitional

s.039 Local authority to have right to sewage.

s.040 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.041 Breaking open of streets, etc.

s.042 Execution of works by local authorities for other persons.

s.043 Power to require occupier to permit works to be executed by owner.

s.046 Damage caused by fat, oil or grease

s.047 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.049 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.051 Procedure on appeals to Secretary of State.

s.052 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.054 Local enactments.

s.055 Application of Act to Crown premises.

s.056 Saving for Coast Protection Act 1949.

s.057 Expenses.

s.058 Orders.

s.059 Interpretation.

s.060 Amendments and repeals.

s.061 Short title, extent and commencement.

Schedules

0 of 4 shown

4 other schedules

s.001 CONSEQUENTIAL AMENDMENTS

s.002 ENACTMENTS REPEALED

s.sch001 There shall be inserted at the beginning of section 116...

s.sch001 In Schedule 6, item 11, for the words “Section 139...

Help complying

Guvnor’s practical routes through this instrument.

Environmental compliance for manufacturers

A comprehensive introduction to environmental compliance for manufacturing businesses. Covers permits, air emissions, water discharge, waste management, and packaging obligations.

Water Framework Directive compliance for businesses

Complete compliance pathway for businesses whose activities may affect water body status — from understanding the WFD framework through identifying which licences, …

3 more guides that reference this instrument

Environmental permits and effluent controls for textile finishing and leather tanning Trade effluent consent for discharging to sewers Food and drink business licensing and compliance

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Sewerage (Scotland) Act 1968

Does it bind you?

Other Acts binding the same actors

What it requires

General Provisions as to Sewerage

Trade Effluents

Private sewage treatment works

Miscellaneous and General

Schedules

Help complying

Environmental compliance for manufacturers

Water Framework Directive compliance for businesses