s 3 Construction etc. of public sewers and public sewage treatment works.
(1) Subject to the provisions of this Act, Scottish Water may, ...— (a) construct a public sewer or SUD system — (i) in, under or over any road , or under any cellar or vault below any road ; (ii) in, on or over any land not forming part of a road ; (b) construct public sewage treatment works in or on any land held by it or appropriated for the purpose. (2) Before commencing construction of a sewer or SUD system in, on or over any land not forming part of a road , Scottish Water shall serve notice of its intention on the owner and the occupier of land concerned together with a description of the proposed works and of the right to object thereto, and if within 2 months after the service of the notice the owner or the occupier objects to the proposed works, and that objection is not withdrawn, Scottish Water shall not proceed to execute the works without consent aftermentioned but may refer the matter by summary application to the sheriff who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as he thinks just, or who may withhold his consent, and the decision of the sheriff on the matter shall be final. (3) Section 192 of the Local Government (Scotland) Act 1973 (service of notices) shall apply to notices served by Scottish Water under subsection (2) above relating to land as it applies to notices served by a local authority relating to premises. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .