Change 1 Article Choose an article Title and introductory text 1 The Director General of Water Services. 1A Water Services Regulation Authority 2 General duties with respect to water industry. 2A Strategic priorities and objectives: England 2B Strategic priorities and objectives: Wales 3 General environmental and recreational duties. 4 Environmental duties with respect to sites of special interest. 5 Codes of practice with respect to environmental and recreational duties. 6 Appointment of relevant undertakers. 7 Continuity of appointments, replacement appointments etc. 8 Procedure with respect to appointments and variations. 9 Duties affecting making of appointments and variations. 10 Transitional provision with respect to replacement appointments. 11 Power to impose conditions. 12 Determinations under conditions of appointment. 12A Modification by the Authority 12B Modification of conditions of appointment: early effective date 12C Modifications of conditions under section 12A: supplementary 12D Appeal to the CMA 12E Procedure on appeal to CMA 12F Determination by CMA of appeal 12G CMA’s powers on allowing an appeal 12H Time limits for CMA to determine an appeal 12I Determination of appeal by CMA: supplementary 12J Modification by the Secretary of State: special administration orders 12K Modifications under section 12J: procedural requirements 13 Modification by agreement. 14 Modification references to CMA. 14A References under section 14: time limits 14B References under section 14: powers of investigation 15 Reports on modification references. 16 Modification following report. 16A CMA's power of veto following report 16B CMA's power of veto following report: supplementary 16C Modification by the Welsh Ministers: special administration orders 16D Modifications under section 16C: procedural requirements 17 Modification by order under other enactments. 17A Water supply licences 17AA Water supply licences: restrictions on grants 17B Meaning of supply system 17BA Sewerage licences 17BB Sewerage licences: restrictions on grants 17C Meaning of household premises 17D The threshold requirement 17DA Guidance 17E Determinations by the Authority 17F Procedure for granting water supply and sewerage licences 17FA Applications forwarded by the Water Industry Commission for Scotland 17FB Applications forwarded to the Water Industry Commission for Scotland 17G Licence conditions 17H Standard conditions of water supply licences 17HA Standard conditions of sewerage licences 17I Modification of licences by agreement 17J Modification of standard conditions 17K Modification references to competition authority 17L References under section 17K: time limits 17M References under section 17K: powers of investigation 17N Reports on modification references 17O Modification of licences following report 17P Power of veto following report 17Q Section 17P: supplementary 17R Modification by order under other enactments 18 Orders for securing compliance with certain provisions. 19 Exceptions to duty to enforce. 20 Procedure for enforcement orders. 21 Validity of enforcement orders. 22 Effect of enforcement order. 22A Penalties 22B Statement of policy with respect to penalties 22C Time limits on the imposition of financial penalties 22D Interest and payment of instalments 22E Appeals 22F Recovery of penalties 23 Meaning and effect of special administration order. 24 Special administration orders made on special petitions. 25 Power to make special administration order on winding-up petition. 26 Restrictions on voluntary winding up and insolvency proceedings. 27 General duty of Authority to keep matters under review. 27ZA Power to require information for purpose of monitoring 27A Establishment of the Council and committees 27B Co-operation between Council and other authorities 27C The interests of consumers 27D Acquisition and review of information 27E Provision of advice and information to public authorities 27F Provision of information to consumers 27G Power to publish information and advice about consumer matters 27H Provision of information to the Council 27I Publication of notice of reasons 27J Provision of information by the Council 27K Sections 27H to 27J: supplementary 28 Customer service committees. 29 Consumer complaints 29A Power of Council to investigate other matters 30 Duties of Director with respect to complaints 30ZA Duty to consult Council 30ZB Copies of notices 30A Determination of disputes by the Authority. 31 Functions of Authority with respect to competition. 32 Duty to refer merger of water or sewerage undertakings. 33 Exclusion of small mergers from duty to make reference. 33A Exceptions to duty to make reference 33B Opinion of the Authority 33C Statement of methods 33D Undertakings in lieu of a merger reference 34 Application of provisions of Enterprise Act 2002 35 Construction of merger provisions. 35A Remuneration and standards of performance 35B Rules about remuneration and governance 35C Rules under section 35B: procedure 35D Rules under section 35B: minor or urgent variations 35E Authority to secure publication of financial overview 36 Interpretation of Part II. 36A Regulations 36B Tendering 36C Criteria for tendering 36D Designation as an infrastructure provider 36E Ministerial responsibility 36F Cross-border infrastructure projects 36G Regulations: procedure 37 General duty to maintain water supply system etc. 37A Water resources management plans: preparation and review 37AA Water resources management plans for England: resilience 37B Water resources management plans: publication and representations 37C Water resources management plans: provision of information 37D Water resources management plans: supplementary 38 Standards of performance in connection with water supply. 38ZA Standards of performance in connection with the supply of water: water supply licensees 38A Information with respect to levels of performance. 38B Publication of statistical information about complaints 39 Procedure for regulations under section 38. 39ZA Procedure for regulations under section 38ZA 39A Information to be given to customers about overall performance. 39B Drought plans: preparation and review 39C Drought plans: provision of information 39D Drought plans: supplementary 40 Bulk supplies. 40A Variation and termination of bulk supply agreements. 40B Codes in respect of bulk supply agreements 40C Codes under section 40B: procedure 40D Codes under section 40B: minor or urgent revisions 40E Rules about charges for the supply of water in bulk 40F Rules under section 40E: provision about the reduction of charges 40G Rules under section 40E: procedure 40H Rules under section 40E: minor or urgent revisions 40I Rules under section 40E: guidance 40J Duty to provide information about bulk supplies 41 Duty to comply with water main requisition. 42 Financial conditions of compliance. 43 Calculation of “relevant deficit” for the purposes of section 42. 43A Calculation of “discounted aggregate deficit” for the purposes of section 42 44 Determination of completion date and route for requisitioned main. 45 Duty to make connections with main. 46 Duty to carry out ancillary works for the purpose of making domestic connection. 47 Conditions of connection with water main. 48 Interest on sums deposited in pursuance of the deposit condition. 49 Supplemental provisions with respect to the metering conditions. 50 Restriction on imposition of condition requiring separate service pipes. 51 Time for performance of connection etc. duties. 51A Agreements to adopt water main or service pipe at future date 51B Adoption at a future date: orders by Authority 51C Variation and termination of section 51A agreements 51CA Codes in respect of section 51A agreements 51CB Codes under section 51CA: procedure 51CC Codes under section 51CA: minor or urgent revisions 51CD Rules about charges in connection with a section 51A agreement 51CE Rules under section 51CD: procedure 51CF Rules under section 51CD: minor or urgent revisions 51CG Rules under section 51CD: guidance 51D Prohibition on connection without adoption 51E Sections 51A to 51D: supplementary 52 The domestic supply duty. 53 Conditions of compliance with domestic supply duty. 54 Enforcement of domestic supply duty. 55 Supplies for non-domestic purposes. 56 Determinations on requests for non-domestic supplies. 57 Duty to provide a supply of water etc. for fire-fighting. 58 Specially requested fire-hydrants. 59 Supplies for other public purposes. 60 Disconnections for the carrying out of necessary works. 61 Disconnections for non-payment of charges. 62 Disconnections at request of customer. 63 General duties of undertakers with respect to disconnections. 63AA Supply by water supply licensee: domestic supply 63AB Supply by water supply licensee: non-domestic supply 63AC Interim duty: domestic and non-domestic supply 63AD Interim duty: supplementary 63AE Interim licensees: schemes for terms and conditions 63AF Interim duty: code 63A Prohibition of use of limiting devices. 64 Supply by means of separate service pipes. 65 Duties of undertakers as respects constancy and pressure. 66 Requirements by undertaker for maintaining pressure. 66A Wholesale water supply by primary water undertaker 66AA Water supply from water undertaker 66B Introduction of water into water undertaker's supply system 66C Introduction of water provided by secondary water undertaker 66CA Determinations by Authority 66D Agreements as to duties under sections 66A to 66C 66DA Codes in respect of section 66D agreements 66DB Codes under section 66DA: procedure 66DC Codes under section 66DA: minor or urgent revisions 66E Rules about charges 66EA Rules about charges: provision about the reduction of charges 66EB Rules under section 66E: procedure 66EC Rules under section 66E: minor or urgent revisions 66ED Rules under section 66E: guidance 66F Section 66D: supplementary 66G Designation of strategic supply 66H Designation of collective strategic supply 66I Prohibition on unauthorised use of supply system 66J Prohibition on unauthorised introduction of water 66K Sections 66I and 66J: exemptions 66L Section 66K: supplementary 67 Standards of wholesomeness. 68 Duties of water undertakers and water supply licensees with respect to water quality. 69 Regulations for preserving water quality. 70 Offence of supplying water unfit for human consumption. 71 Waste from water sources. 72 Contamination of water sources. 73 Offences of contaminating, wasting and misusing water etc. 74 Regulations for preventing contamination, waste etc. and with respect to water fittings. 75 Power to prevent damage and to take steps to prevent contamination, waste etc. 76 Temporary bans on use 76A Temporary bans: supplemental 76B Temporary bans: procedure 76C Orders under sections 76 and 76A 77 General functions of local authorities in relation to water quality. 78 Local authority functions in relation to undertakers’ supplies. 79 Local authority functions where piped supplies insufficient or unwholesome. 80 Remedial powers of local authorities in relation to private supplies. 81 Confirmation of private supply notices. 82 Enforcement and variation of private supply notice. 83 Application of certain powers to local authorities in relation to private supplies. 84 Local authority rights of entry etc. 85 Local authority power to obtain information for the purposes of functions under Chapter III. 86 Appointment and functions of inspectors 86ZA Charging of fees 86A Procedure for dealing with complaints. 87 Fluoridation of water supplies 87A Target concentration of fluoride 87B Fluoridation arrangements: determination of terms 87C Fluoridation arrangements: compliance 88 Power to vary permitted fluoridation agents. 88A Power to vary target concentration of fluoride 88B Requirement for fluoridation proposal: England 88C Initial consultation etc. on fluoridation proposal 88D Additional requirements where other local authorities affected 88E Decision on fluoridation proposal 88F Decision-making procedure: exercise of functions by committee 88G Secretary of State's duty in relation to fluoridation proposal 88H Payments by local authorities towards fluoridation costs 88I Variation or termination of arrangements under section 87(1) 88J Initial consultation etc. on variation or termination proposal 88K Additional requirements where other local authorities affected 88L Decision on variation or termination proposal 88M Decision-making procedure: exercise of functions by committee 88N Secretary of State's duty in relation to requests for variation or termination 88O Power to make regulations as to maintenance of section 87 arrangements 89 Consultation ... 90 Indemnities in respect of fluoridation. 90A Review of fluoridation 90B Old English fluoridation arrangements: transitional provision 91 Old Welsh fluoridation arrangements: transitional provision 92 Power to give effect to international obligations etc. 93 Interpretation of Part III. 93A Duty to promote the efficient use of water. 93B Power of Authority to impose requirements on water undertakers. 93C Publicity of requirements imposed under section 93B. 93D Information as to compliance with requirements under section 93B. 94 General duty to provide sewerage system. 94A Drainage and sewerage management plans: preparation and review 94B Drainage and sewerage management plans: power to amend period 94C Drainage and sewerage management plans: regulations about procedure 94D Regulations under section 94C: supplementary 94E Drainage and sewerage management plans: directions 95 Standards of performance in connection with provision of sewerage services. 95ZA Standards of performance in connection with provision of sewerage services: sewerage licensees 95A Information with respect to levels of performance. 95B Publication of statistical information about complaints 96 Procedure for regulations under section 95. 96ZA Procedure for regulations under section 95ZA 96A Information to be given to customers about overall performance. 96B Nutrient pollution standards to apply to certain sewage disposal works 96C Sensitive catchment areas 96D Exempt sewage disposal works 96E Upgrade date 96F Nutrient pollution standards 96G Nutrient pollution standards determined through environmental permitting 96H Section 96G: procedure and revocations 96I Information about catchment areas and nutrient significant plants 96J Section 96B: enforcement and interaction with other provisions 96K Powers to amend sections 96D and 96F 96L Sections 96B to 96K, 96M and 96N: interpretation 96M New and altered plants: modifications 96N Setting and enforcing nutrient pollution standards 97 Performance of sewerage undertaker’s functions by local authorities etc. 98 Duty to comply with sewer requisition. 99 Financial conditions of compliance. 100 Calculation of “relevant deficit” for the purposes of section 99. 100A Calculation of “discounted aggregate deficit” for the purposes of section 99 101 Determination of completion date and route for requisitioned sewer or lateral drain. 101A Further duty to provide sewers. 101B Power to construct lateral drains following provision of public sewer 102 Adoption of sewers and disposal works. 103 Adoption of cross-border sewers etc. 104 Agreements to adopt sewer, drain or sewage disposal works, at future date 105 Appeals with respect to adoption. 105ZA Adoption at a future date: orders by Authority 105ZB Variation and termination of section 104 agreements 105ZC Codes in respect of section 104 agreements 105ZD Codes under section 105ZC: procedure 105ZE Codes under section 105ZC: minor or urgent revisions 105ZF Rules about charges in connection with a section 104 agreement 105ZG Rules under section 105ZF: procedure 105ZH Rules under section 105ZF: minor or urgent revisions 105ZI Rules under section 105ZF: guidance 105A Schemes for the adoption of sewers, lateral drains and sewage disposal works 105B Adoption schemes: appeals 105C Adoption schemes: supplementary 106 Right to communicate with public sewers. 106A Sustainable drainage 106B Requirement to enter into agreement before construction 107 Right of sewerage undertaker to undertake the making of communications with public sewers. 108 Communication works by person entitled to communication. 109 Unlawful communications. 110 Determination of disputes with respect to cross boundary sewers. 110A Main connections 110B Variation and termination of main connection agreements 110C Codes in respect of main connection agreements 110D Codes under section 110C: procedure 110E Codes under section 110C: minor or urgent revisions 110F Rules about charges for permitting main connections 110G Rules under section 110F: provision about the reduction of charges 110H Rules under section 110F: procedure 110I Rules under section 110F: minor or urgent revisions 110J Rules under section 110F: guidance 110K Provision by sewerage licensee 110L Interim duty: sewerage undertakers and sewerage licensees 110M Interim duty: supplementary 110N Interim licensees: schemes for terms and conditions 110O Interim duty: code 111 Restrictions on use of public sewers. 112 Requirement that proposed drain or sewer be constructed so as to form part of general system. 113 Power to alter drainage system of premises in area. 114 Power to investigate defective drain or sewer. 114A Drainage systems relieving public sewers 115 Use of highway drains as sewers and vice versa. 116 Power to close or restrict use of public sewer. 116A Procedures for dealing with complaints. 117 Interpretation of Chapter II. 117A Use of undertaker's sewerage system 117B Matter dealt with by sewerage undertaker 117C Removal of matter from sewerage system by a sewerage licensee 117D Connections for the purposes of a disposal authorisation 117E Agreements as to duties under sections 117A to 117D 117F Codes in respect of section 117E agreements 117G Codes under section 117F: procedure 117H Codes under section 117F: minor or urgent revisions 117I Rules about charges 117J Rules about charges: provision about the reduction of charges 117K Rules under section 117I: procedure 117L Rules under section 117I: minor or urgent revisions 117M Rules under section 117I: guidance 117N Designation of strategic sewerage provision 117O Designation of collective strategic sewerage provision 117P Prohibition on unauthorised use of sewerage system 117Q Prohibition on unauthorised removal of matter from sewerage system 117R Sections 117P and 117Q: exemptions 117S Section 117R: supplementary 118 Consent required for discharge of trade effluent into public sewer. 119 Application for consent. 120 Applications for the discharge of special category effluent. 121 Conditions of consent. 122 Appeals to the Authority with respect to decisions on applications etc. 123 Appeals with respect to the discharge of special category effluent. 124 Variation of consents. 125 Variations within time limit. 126 Appeals with respect to variations of consent. 127 Review by the appropriate agency of consents relating to special category effluent. 128 Application for variation of time for discharge. 129 Agreements with respect to the disposal etc of trade effluent. 130 Reference to the appropriate agency of agreements relating to special category effluent. 131 Review by the appropriate agency of agreements relating to special category effluent. 132 Powers and procedure on references and reviews. 133 Effect of determination on reference or review. 134 Compensation in respect of determinations made for the protection of public health etc. 135 Restrictions on power to fix charges under Chapter III. 135A Power of the appropriate agency to acquire information for the purpose of its functions in relation to special category effluent. 136 Evidence from meters etc. 137 Statement of case on appeal. 138 Meaning of “special category effluent”. 139 Power to apply Chapter III to other effluents. 140 Pre-1989 Act authority for trade effluent discharges etc. 141 Interpretation of Chapter III. 141A Storm overflow discharge reduction plan 141B Progress reports on storm overflow discharge reduction plan 141C Annual reports on discharges from storm overflows 141D Environment Agency reports 141DA Reporting on discharges from storm overflows 141DB Monitoring quality of water potentially affected by discharges from storm overflows and sewage disposal works 141E Interpretation of Chapter 4 142 Powers of undertakers to charge. 143 Charges schemes. 143A Regulations as to provisions to be included in charges schemes. 143AA Special provision under section 143A: financial arrangements 143AB Special provision under section 143A: consultation 143B Rules about charges schemes 143C Rules under section 143B: procedure 143D Rules under section 143B: minor or urgent revisions 143E Rules under section 143B: guidance 144 Liability of occupiers etc. for charges. 144ZA Rules about charges for connections etc 144ZB Rules under section 144ZA: procedure 144ZC Rules under section 144ZA: minor or urgent revisions 144ZD Rules under section 144ZA: guidance 144ZE General guidance on charges 144ZF Guidance under section 144ZE: procedure 144A Right of consumer to elect for charging by reference to volume. 144B Restriction on undertakers’ power to require fixing of charges by reference to volume. 144C Non-owner occupiers 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Connection charges etc. and charges for highway drainage. 147 Charging for emergency use of water. 148 Restriction on charging for metering works. 149 Further provision relating to charging by volume. 150 Fixing maximum charges for services provided with the help of undertakers’ services. 150B Meaning of “consumer” in Chapter I. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Grants for national security purposes. 153 Government financial assistance where special administration orders made. 154 Guarantees under section 153. 154A Financial assistance to reduce charges 154B Financial assistance for major works 155 Compulsory purchase. 156 Restriction on disposals of land. 157 Byelaws with respect to undertakers’ waterways and land. 158 Powers to lay pipes in streets. 159 Power to lay pipes in other land. 160 Power to carry out works for sewerage purposes. 161 Power to deal with foul water and pollution. 162 Works in connection with metering. 163 Power to fit stopcocks. 164 Agreements for works with respect to water sources. 165 Discharges for works purposes. 166 Consents for certain discharges under section 165. 167 Compulsory works orders. 168 Entry for works purposes. 169 Power to carry out surveys and to search for water. 170 Entry etc. for other purposes. 171 Entry for sewerage purposes. 172 Entry for metering purposes. 173 Impersonation of persons entitled to entry. 174 Offences of interference with works etc. 175 Offence of tampering with meter. 176 Consent for the purposes of section 175. 177 Financial obligations with respect to any interference with a meter. 178 Obstruction of sewerage works etc. 179 Vesting of works in undertaker. 180 Compensation for damage caused by works etc. 181 Complaints with respect to the exercise of works powers on private land. 182 Codes of practice with respect to work on private land. 183 Protection for particular undertakings. 184 Power of certain undertakers to alter public sewers etc. 185 Duty to move pipes etc. in certain cases. 186 Protective provisions in respect of flood defence works and watercourses etc. 187 Works in tidal lands etc. 188 Mineral rights. 189 Power to sell minerals deriving from sewerage works. 190 Saving for planning controls. 191 Duties to make recreational facilities available when building reservoirs in Wales. 192 Interpretation of Part VI. 192A Forward work programmes 192B Annual and other reports 193 Reports by Director. 194 Reports by customer service committees. 195 the Authority's register. 195A Reasons for decisions 196 Trade effluent registers. 197 Register for the purposes of works discharges. 198 Maps of waterworks. 199 Sewer maps. 200 Provision of sewer maps to local authorities. 201 Publication of certain information and advice. 202 Duties of undertakers to furnish the Secretary of State with information. 203 Power to acquire information for enforcement purposes. 204 Provision of information to sewerage undertakers with respect to trade effluent discharges. 205 Exchange of metering information between undertakers. 205A Duty to prepare and publish plans 205B Implementation reports 205C Sections 205A and 205B: enforcement and sanctions 206 Restriction on disclosure of information. 207 Provision of false information. 207A Appeals to the CMA 207B Procedure on appeals 207C Determination of appeals 208 Directions in the interests of national security. 209 Civil liability of undertakers for escapes of water etc. 209A Rights of tenants in relation to metering. 210 Offences by bodies corporate. 211 Limitation on right to prosecute in respect of sewerage offences. 212 Judicial disqualification. 213 Powers to make regulations. 214 Power to prescribe forms. 215 Local inquiries. 216 Provisions relating to the service of documents. 217 Construction of provision conferring powers by reference to undertakers’ functions. 218 Meaning of “domestic purposes” in relation to water supply. 219 General interpretation. 220 Effect of local Acts. 221 Crown application. 222 Application to the Isles of Scilly. 223 Short title, commencement and extent. SCHEDULE 1 SCHEDULE 1A The Water Services Regulation Authority SCHEDULE 2 Transitional Provision on Termination of Appointments SCHEDULE 2ZA Procedure for appeals under section 12D SCHEDULE 2A WATER SUPPLY LICENCES: AUTHORISATIONS SCHEDULE 2B SEWERAGE LICENCES: AUTHORISATIONS SCHEDULE 3 SPECIAL ADMINISTRATION ORDERS SCHEDULE 3A The Consumer Council for Water SCHEDULE 4 SCHEDULE 4ZA Application of provisions of Enterprise Act 2002 to mergers of water enterprises Schedule 4A Premises that are not to be disconnected for non-payment of charges SCHEDULE 5 PROCEDURE FOR ORDERS RELATING TO PRESSURE AND CONSTANCY OF SUPPLY SCHEDULE 6 SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY SCHEDULE 7 PRE-1985 FLUORIDATION SCHEMES SCHEDULE 8 PRE-1989 ACT TRANSITIONAL AUTHORITY FOR TRADE EFFLUENT DISCHARGES ETC. SCHEDULE 9 MODIFICATION OF COMPENSATION PROVISIONS ETC. IN RELATION TO THE CREATION OF NEW RIGHTS SCHEDULE 10 PROCEDURE RELATING TO BYELAWS UNDER SECTION 157 SCHEDULE 11 ORDERS CONFERRING COMPULSORY WORKS POWERS SCHEDULE 12 COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS SCHEDULE 13 PROTECTIVE PROVISIONS IN RESPECT OF CERTAIN UNDERTAKINGS SCHEDULE 14 MINERAL RIGHTS SCHEDULE 15 DISCLOSURE OF INFORMATION SCHEDULE 16 PROCEDURE ON APPEALS UNDER SECTION 207A Table of Derivations
What to do with it
As published
138 Meaning of “special category effluent”.
(1) Subject to subsections (1A) and (2) below, trade effluent shall be special category effluent for the purposes of this Chapter if—
(a) such substances as may be prescribed under this Act are present in the effluent or are present in the effluent in prescribed concentrations; or
(b) the effluent derives from any such process as may be so prescribed or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.
(1A) If trade effluent is produced, or to be produced, by operating any Part A installation or Part A mobile plant or otherwise carrying on any Part A activity , the operation or carrying on of which requires a permit, that effluent shall not be special category effluent for the purposes of this Chapter as from the determination date relating to the installation, plant or activity in question.
(1B) In subsection (1A)—
(a) “determination date”, in relation to an installation, plant or activity, means—
(i) in the case of an installation, plant or activity in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;
(ii) in the case of an installation, plant or activity in relation to which the grant of a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal,
and in this paragraph the references to an appeal are references to an appeal under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
(aa) the expressions “Part A activity”, “Part A installation” and “Part A mobile plant” have the same meaning as in those Regulations;
(b) “permit” means a permit granted under those Regulations.
(2) Trade effluent shall not be special category effluent for the purposes of this Chapter if it is produced, or to be produced, in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.
(3) In subsection (2) above “determination date”, in relation to a prescribed process, means—
(a) in the case of a process for which authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b) in the case of a process for which authorisation is refused, the date of refusal or, on appeal, of the affirmation of the refusal.
(4) In subsection (2) and (3) above—
(a) “authorisation”, “enforcing authority” and “prescribed process” have the meanings given by section 1 of the Environmental Protection Act 1990; and
(b) the references to designation for central control and to an appeal are references, respectively, to designation under section 4 of that Act and to an appeal under section 15 of that Act.
(5) Without prejudice to the power in subsection (3) of section 139 below, nothing in this Chapter shall enable regulations under this section to prescribe as special category effluent any liquid or matter which is not trade effluent but falls to be treated as such for the purposes of this Chapter by virtue of an order under that section.
Your wording
Your change, as a redline
138 Meaning of “special category effluent”.
(1) Subject to subsections (1A) and (2) below, trade effluent shall be special category effluent for the purposes of this Chapter if—
(a) such substances as may be prescribed under this Act are present in the effluent or are present in the effluent in prescribed concentrations; or
(b) the effluent derives from any such process as may be so prescribed or from a process involving the use of prescribed substances or the use of such substances in quantities which exceed the prescribed amounts.
(1A) If trade effluent is produced, or to be produced, by operating any Part A installation or Part A mobile plant or otherwise carrying on any Part A activity , the operation or carrying on of which requires a permit, that effluent shall not be special category effluent for the purposes of this Chapter as from the determination date relating to the installation, plant or activity in question.
(1B) In subsection (1A)—
(a) “determination date”, in relation to an installation, plant or activity, means—
(i) in the case of an installation, plant or activity in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;
(ii) in the case of an installation, plant or activity in relation to which the grant of a permit is refused, the date of refusal or, on appeal, of the affirmation of the refusal,
and in this paragraph the references to an appeal are references to an appeal under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
(aa) the expressions “Part A activity”, “Part A installation” and “Part A mobile plant” have the same meaning as in those Regulations;
(b) “permit” means a permit granted under those Regulations.
(2) Trade effluent shall not be special category effluent for the purposes of this Chapter if it is produced, or to be produced, in any process which is a prescribed process designated for central control as from the date which is the determination date for that process.
(3) In subsection (2) above “determination date”, in relation to a prescribed process, means—
(a) in the case of a process for which authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b) in the case of a process for which authorisation is refused, the date of refusal or, on appeal, of the affirmation of the refusal.
(4) In subsection (2) and (3) above—
(a) “authorisation”, “enforcing authority” and “prescribed process” have the meanings given by section 1 of the Environmental Protection Act 1990; and
(b) the references to designation for central control and to an appeal are references, respectively, to designation under section 4 of that Act and to an appeal under section 15 of that Act.
(5) Without prejudice to the power in subsection (3) of section 139 below, nothing in this Chapter shall enable regulations under this section to prescribe as special category effluent any liquid or matter which is not trade effluent but falls to be treated as such for the purposes of this Chapter by virtue of an order under that section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.