| Water Environment and Water Services (Scotland) Act 2003 |
| 2003 asp 3 - continued |
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SCHEDULE 3 |
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(introduced by section 33) |
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SUSTAINABLE URBAN DRAINAGE SYSTEMS: FURTHER AMENDMENTS |
| | The 1968 Act |
| 1 | The 1968 Act is amended as follows. |
| 2 | In section 1(1) (duty of Scottish Water to provide for sewerage)- |
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(a) after "sewers" in the first place where it occurs insert "and public SUD systems", |
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(b) after "sewers" in the second place where it occurs insert "and SUD systems". |
| 3 | In section 2 (maintenance of public sewers etc.), after "sewers," insert "SUD systems,". |
| 4 | In section 3 (power to construct public sewers)- |
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(a) in subsection (1)(a), after "sewer" insert "or SUD system", |
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(b) in subsection (2), after "sewer" insert "or SUD system". |
| 5 | In section 3A(2) (vesting of privately constructed sewers)- |
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(a) after "sewer" in the first place where it occurs insert "or SUD system", |
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(b) after "sewer" in each other place where it occurs insert "or system", |
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(c) after "sewers" insert ", SUD systems". |
| 6 | In section 4 (Scottish Water may close or alter public sewers etc.)- |
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(a) after "sewer" in the first and third places where it occurs insert ", SUD system", |
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(b) after "sewer" in the second and fourth places where it occurs insert ", system". |
| 7 | In section 7(1) (agreements between roads authorities and Scottish Water), after "sewers" insert ", SUD systems". |
| 8 | In section 8(1) (agreements as to provision of sewers etc. for new premises)- |
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(a) after "sewers" in both places where it occurs insert ", SUD systems", |
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(b) after "of" in the second place where it occurs insert "SUD systems and". |
| 9 | In section 11(1) (Scottish Water to keep maps of sewers, drains etc.), after "drains" insert ", SUD systems". |
| 10 | (1) Section 12 (rights of owners and occupiers to connect with and drain into public sewers etc.) is amended as follows. |
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(2) In subsection (1)- |
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(a) for "or private sewers" in the first place where those words occur substitute ", private sewers or private SUD systems", |
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(b) after "sewers" in the second place where it occurs insert ", SUD systems", |
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(c) after "entitled" in the second place where it occurs insert "(a)", |
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(d) for "and surface water from those premises" substitute", and |
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(b) by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water, |
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from those premises". |
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(3) In subsection (2)- |
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(a) for "or sewers" substitute ", sewers or SUD systems", |
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(b) after "sewers" in the second place where it occurs insert ", SUD systems", |
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(c) for "or sewer" substitute ", sewer or SUD system". |
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(4) In subsection (3)- |
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(a) for "or sewers" substitute ", sewers or SUD systems", |
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(b) after "sewers" in the second place where it occurs insert ", SUD systems", |
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(c) for "or sewer" substitute ", sewer or SUD system", |
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(d) after "sewer" in the second place where it occurs insert ", system". |
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(5) In subsection (8)- |
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(a) for "or sewer" in both places where those words occur substitute ", sewer or SUD system", |
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(b) after "sewers" insert ", SUD systems". |
| 11 | In section 14 (direction by Scottish Water as to manner of construction of works)- |
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(i) for "or sewer" substitute ", sewer or SUD system",
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(ii) after "sewer" in the second, third and fourth places where it occurs insert ", SUD system",
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(b) in subsection (5), after "sewer" in each place where it occurs insert ", SUD system", |
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(c) in subsection (6), after "sewer" insert ", SUD system". |
| 12 | In section 15 (owner or occupier to remedy defects in drains etc.)- |
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(a) in subsection (1), after "drains" in both places where it occurs insert ", SUD systems", |
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(b) in subsection (5), after "drain" insert ", SUD system". |
| 13 | In section 16 (vesting of sewers and other works in Scottish Water)- |
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(i) in paragraph (a), after "sewers" insert ", SUD systems",
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(ii) in paragraph (c), after "sewers" in the first place where it occurs insert "and private SUD systems",
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(iii) in paragraph (cc), after "sewers" in the first place where it occurs insert "and private SUD systems", and after "sewers" in the second place where it occurs insert "and systems",
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(iv) in paragraph (d), after "works" insert "and SUD systems",
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(v) in paragraph (e), after "works" insert "and SUD systems",
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(i) after "sewers" in the first place where is occurs insert ", private SUD systems",
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(ii) after "works" insert "and SUD systems",
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(c) in subsection (3), after "drains" insert ", SUD systems". |
| 14 | In section 16A (vesting of certain private sewers)- |
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(a) in subsection (1), for "or" in the second place where it occurs substitute "and any sewer or SUD system vested in a person", |
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(b) in subsection (2), after "sewer" insert "or SUD system". |
| 15 | In section 17 (Scottish Water may take over private sewage treatment works)- |
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(i) after "works" in the first place where it occurs insert "or private SUD system",
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(ii) after "works" in the second place where it occurs insert "or system",
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(i) after "works" in the first place where it occurs insert "or a SUD system",
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(ii) after "works" in the second place where it occurs insert "or system",
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(c) in subsection (4), after "works" insert "and any SUD system", |
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(i) after "works" insert "or a SUD system",
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(ii) after "them" insert "or it",
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(iii) after "have" insert "or it has",
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(e) in subsection (6), after "works" insert "or a SUD system". |
| 16 | In section 21(1) (buildings not to interfere with sewers), after "sewer" insert "or SUD system". |
| 17 | In section 23 (restriction on working minerals)- |
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(a) after "works" in the first place where it occurs insert ", public SUD systems", |
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(b) after "works" in every other place where it occurs insert ", SUD systems". |
| 18 | In section 39 (Scottish Water to have right to sewage), after "sewers" insert ", SUD systems". |
| 19 | In section 41 (breaking open of streets etc.), after "sewers" insert ", SUD systems". |
| 20 | In section 45 (production of plans and information)- |
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(a) after "sewer" in the first and second places where it occurs insert ", SUD system", |
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(b) after "sewer" in the third and fourth places where it occurs insert ", system". |
| 21 | In section 46 (certain matter not to be passed into drains)- |
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(a) after "sewer" in the first place where it occurs insert ", public SUD system", |
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(b) after "sewer" in the second and third places where it occurs insert ", SUD system". |
| 22 | In section 48(1) (powers of entry)- |
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(a) in paragraph (a), after "of" in the third place where it occurs insert "a SUD system or", |
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(i) after "sewer" in the first place where it occurs insert "or SUD system",
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(ii) after "sewer" in the second place where it occurs insert "or public SUD system",
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(i) after "sewers" in the first place where it occurs insert ", public SUD systems",
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(ii) after "sewers" in the second place where it occurs insert ", SUD systems".
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| 23 | In section 59 (interpretation)- |
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(a) in subsection (1), in the definition of "sewage treatment works", at the end insert "but does not include a SUD system", |
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(b) in subsection (3), after "sewer" in both places where it occurs insert ", SUD system". |
| | Water Industry (Scotland) Act 2002 (asp 3) |
| 24 | In section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (acquisition of land by agreement for provision of sewerage system), after "sewers" insert ", sustainable urban drainage systems". |
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