Office of Public Sector Information
SCHEDULE 2 continued PART 2
16 The regulations may provide for specified provisions of the regulations to have effect in relation only to—
(a) specified controlled activities,
(b) the carrying on of controlled activities in specified circumstances, or
(c) the carrying on of controlled activities by specified persons or descriptions of persons.
17 General binding rules may—
(a) impose conditions or requirements,
(b) prescribe standards or objectives to be complied with or achieved,
(c) require standards or objectives specified in or under other enactments to be complied with or achieved.
18 In connection with the imposition of conditions as mentioned in paragraph 5(6) the regulations may in particular provide—
(a) for such conditions to be imposed in the light of any specified general principles and any directions or guidance given under the regulations,
(b) for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition,
(c) for such conditions to be imposed by reference to agreements between or among holders of licences as to the carrying on by them of the controlled activities authorised by the licences.
19 The regulations may—
(a) require any such scheme as is mentioned in paragraph 7 to be so framed that the fees and charges payable under the scheme—
(i) are determined in the light of any specified general principles and any directions or guidance given under the regulations,
(ii) are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator to whom they are so payable) as is specified,
(b) authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).
20 (1) The regulations may provide for any such offence as is mentioned in paragraph 12 to be triable—
(a) only summarily,
(b) either summarily or on indictment.
(2) The regulations may provide for such an offence to be punishable—
(a) on summary conviction by—
(i) imprisonment for a term not exceeding such period as is specified (which must not exceed 6 months), or
(ii) a fine not exceeding such amount as is specified (which must not exceed £20,000),
or both,
(b) on conviction on indictment by—
(i) imprisonment for a term not exceeding such period as is specified (which must not exceed 5 years), or
(ii) a fine,
or both.
(3) The regulations may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified (in addition to any punishment provided for in pursuance of sub-paragraph (2)).
(4) The Scottish Ministers may by order substitute for the sum for the time being specified in sub-paragraph (2)(a)(ii) such other sum as appears to them to be justified by a change in the value of money appearing to them to have taken place since the last occasion on which the sum was fixed.
21 In this schedule—
“general binding rules” means rules specified in the regulations in pursuance of paragraph 3(2),
“notification” means notification of a proposal to carry on a controlled activity in accordance with any provision made in the regulations in pursuance of paragraph 4(1),
“registration” means registration under any provision made in the regulations in pursuance of paragraph 3(4)(b),
“the regulations” means regulations under section 20,
“regulators” has the meaning given in paragraph 2(1),
“specified” means specified in the regulations,
“water use licence” means a licence granted under any provision made in the regulations in pursuance of paragraph 3(4)(a).
(introduced by section 33)
1 The 1968 Act is amended as follows.
2 In section 1(1) (duty of Scottish Water to provide for sewerage)—
(a) after “sewers” in the first place where it occurs insert “and public SUD systems”,
(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)—
(a) in subsection (1)(a), after “sewer” insert “or SUD system”,
(b) in subsection (2), after “sewer” insert “or SUD system”.
5 In section 3A(2) (vesting of privately constructed sewers)—
(a) after “sewer” in the first place where it occurs insert “or SUD system”,
(b) after “sewer” in each other place where it occurs insert “or system”,
(c) after “sewers” insert “, SUD systems”.
6 In section 4 (Scottish Water may close or alter public sewers etc.)—
(a) after “sewer” in the first and third places where it occurs insert “, SUD system”,
(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)—
(a) after “sewers” in both places where it occurs insert “, SUD systems”,
(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.
(2) In subsection (1)—
(a) for “or private sewers” in the first place where those words occur substitute “, private sewers or private SUD systems”,
(b) after “sewers” in the second place where it occurs insert “, SUD systems”,
(c) after “entitled” in the second place where it occurs insert “(a)”,
(d) for “and surface water from those premises” substitute “, and
(b) by means of those drains, private sewers or private SUD systems, to drain into those sewers, systems or works the surface water,
from those premises”.
(3) In subsection (2)—
(a) for “or sewers” substitute “, sewers or SUD systems”,
(b) after “sewers” in the second place where it occurs insert “, SUD systems”,
(c) for “or sewer” substitute “, sewer or SUD system”.
(4) In subsection (3)—
(a) for “or sewers” substitute “, sewers or SUD systems”,
(b) after “sewers” in the second place where it occurs insert “, SUD systems”,
(c) for “or sewer” substitute “, sewer or SUD system”,
(d) after “sewer” in the second place where it occurs insert “, system”.
(5) In subsection (8)—
(a) for “or sewer” in both places where those words occur substitute “, sewer or SUD system”,
(b) after “sewers” insert “, SUD systems”.
11 In section 14 (direction by Scottish Water as to manner of construction of works)—
(a) in subsection (1)—
(i) for “or sewer” substitute “, sewer or SUD system”,
(ii) after “sewer” in the second, third and fourth places where it occurs insert “, SUD system”,
(b) in subsection (5), after “sewer” in each place where it occurs insert “, SUD system”,
(c) in subsection (6), after “sewer” insert “, SUD system”.
12 In section 15 (owner or occupier to remedy defects in drains etc.)—
(a) in subsection (1), after “drains” in both places where it occurs insert “, SUD systems”,
(b) in subsection (5), after “drain” insert “, SUD system”.
13 In section 16 (vesting of sewers and other works in Scottish Water)—
(a) in subsection (1)—
(i) in paragraph (a), after “sewers” insert “, SUD systems”,
(ii) in paragraph (c), after “sewers” in the first place where it occurs insert “and private SUD systems”,
(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”,
(iv) in paragraph (d), after “works” insert “and SUD systems”,
(v) in paragraph (e), after “works” insert “and SUD systems”,
(b) in subsection (2)—
(i) after “sewers” in the first place where is occurs insert “, private SUD systems”,
(ii) after “works” insert “and SUD systems”,
(c) in subsection (3), after “drains” insert “, SUD systems”.
14 In section 16A (vesting of certain private sewers)—
(a) in subsection (1), for “or” in the second place where it occurs substitute “and any sewer or SUD system vested in a person”,
(b) in subsection (2), after “sewer” insert “or SUD system”.
15 In section 17 (Scottish Water may take over private sewage treatment works)—
(a) in subsection (1)—
(i) after “works” in the first place where it occurs insert “or private SUD system”,
(ii) after “works” in the second place where it occurs insert “or system”,
(b) in subsection (2)—
(i) after “works” in the first place where it occurs insert “or a SUD system”,
(ii) after “works” in the second place where it occurs insert “or system”,
(c) in subsection (4), after “works” insert “and any SUD system”,
(d) in subsection (5)—
(i) after “works” insert “or a SUD system”,
(ii) after “them” insert “or it”,
(iii) after “have” insert “or it has”,
(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)—
(a) after “works” in the first place where it occurs insert “, public SUD systems”,
(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)—
(a) after “sewer” in the first and second places where it occurs insert “, SUD system”,
(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)—
(a) after “sewer” in the first place where it occurs insert “, public SUD system”,
(b) after “sewer” in the second and third places where it occurs insert “, SUD system”.
22 In section 48(1) (powers of entry)—
(a) in paragraph (a), after “of” in the third place where it occurs insert “a SUD system or”,
(b) in paragraph (dd)—
(i) after “sewer” in the first place where it occurs insert “or SUD system”,
(ii) after “sewer” in the second place where it occurs insert “or public SUD system”,
(c) in paragraph (f)—
(i) after “sewers” in the first place where it occurs insert “, public SUD systems”,
(ii) after “sewers” in the second place where it occurs insert “, SUD systems”.
23 In section 59 (interpretation)—
(a) in subsection (1), in the definition of “sewage treatment works”, at the end insert “but does not include a SUD system”,
(b) in subsection (3), after “sewer” in both places where it occurs insert “, SUD system”.
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”.
Water Environment and Water Services (Scotland) Act 2003