(1) Subject to the provisions of this section—
(a) the owner or occupier of any premises, or
(b) the owner of any private sewer which drains premises,
shall be entitled to have his drains or sewer communicate with the public sewer of any sewerage undertaker and thereby to discharge foul water and surface water from those premises or that private sewer.
(1A) In this section, and in sections 107 to 109, 111, 113 to 116, 118, 119, 124, 127, 139 and 146 below—
(a) references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and
(b) for the purposes of paragraph (a) above—
(i) a “public lateral drain” is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under section 102 above or under an agreement made under section 104 above; and
(ii) “sewer standards” means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.
(1B) The right under subsection (1) is subject to section 106A.
(2) Subject to the provisions of Chapter III of this Part, nothing in subsection (1) above shall entitle any person—
(a) to discharge directly or indirectly into any public sewer—
(i) any liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process; or
(ii) any liquid or other matter the discharge of which into public sewers is prohibited by or under any enactment; or
(b) where separate public sewers are provided for foul water and for surface water, to discharge directly or indirectly—
(i) foul water into a sewer provided for surface water; or
(ii) except with the approval of the undertaker, surface water into a sewer provided for foul water; or
(c) to have his drains or sewer made to communicate directly with a storm-water overflow sewer.
(3) A person desirous of availing himself of his entitlement under this section shall give notice of his proposals to the sewerage undertaker in question.
(4) At any time within twenty-one days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer
(a) does not satisfy the standards reasonably required by the undertaker; or
(b) is such that the making of the communication would be prejudicial to the undertaker’s sewerage system.
(5) For the purpose of examining the mode of construction and condition of a drain or sewer to which a notice under subsection (3) above relates a sewerage undertaker may, if necessary, require it to be laid open for inspection.
(5A) Where the sewer or drain satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain be vested in it by virtue of a declaration under section 102 above.
(6) Any question arising under subsections (3) to (5A) above between a sewerage undertaker and a person proposing to make a communication as to—
(a) the reasonableness of the undertaker’s refusal to permit a communication to be made; or
(b) as to the reasonableness of any requirement under subsection (5) or (5A) above,
may, on the application of that person, be determined by the Authority under section 30A above (and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Where a person proposes under this section to make a communication between a drain or sewer and such a public sewer in Greater London as is used for the general reception of sewage from other public sewers and is not substantially used for the reception of sewage from private sewers and drains—
(a) the grounds on which a sewerage undertaker may refuse to permit the communication shall be such grounds as the undertaker thinks fit; and
(b) no application to the Authority may be made under subsection (6) above in respect of any refusal under this subsection.
(9) In this section “factory” has the same meaning as in the Factories Act 1961.
(1) This section applies to a drainage system construction of which required approval under Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).
(2) A person may exercise the right under section 106(1) in respect of surface water only if—
(a) the construction of the drainage system was approved under that Schedule, and
(b) the proposals for approval included a proposal for the communication with the public sewer.
(3) Where subsection (2) is satisfied, the connection may not be refused—
(a) under section 106(4), or
(b) on grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.
106B Requirement to enter into agreement before construction
(1) A person may exercise the right under section 106(1) in respect of a lateral drain or sewer constructed after the commencement of this section only if Conditions 1 and 2 are satisfied.
(2) Condition 1 is that an agreement was entered into under section 104 in respect of the drain or sewer.
(3) Condition 2 is that the agreement included—
(a) provision about the standards according to which the drain or sewer was to be constructed, and
(b) provision about adoption of the drain or sewer by the sewerage undertaker.
(4) Provision for the purposes of Condition 2(a) must either—
(a) incorporate or accord with standards published by the Minister, or
(b) depart from those standards by express consent of the parties to the agreement.
(5) Provision for the purposes of Condition 2(b) must—
(a) include provision for adoption to occur automatically upon the occurence of specified events, and
(b) comply with any regulations made by the Minister (which may concern the provision required by paragraph (a) of this subsection).
(6) Subsection (1) does not apply—
(a) to drainage systems required to be approved in accordance with Schedule 3 to the Flood and Water Management Act 2010, or
(b) in other circumstances specified by the Minister in regulations.
(7) Where a person seeks to exercise the right under section 106(1) in reliance on satisfying Conditions 1 and 2, an undertaker may not refuse connection—
(a) whether or not in reliance on section 106(4), and
(b) whether or not the terms of the agreement under section 104 (including terms required by this section) have been complied with.
(8) In this section “the Minister” means—
(a) the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and
(b) the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.
107 Right of sewerage undertaker to undertake the making of communications with public sewers.
(1) Where a person gives to a sewerage undertaker notice under section 106 above of his proposal to have his drains or sewer made to communicate with a public sewer of that undertaker, the undertaker may—
(a) within fourteen days after the receipt of the notice; or
(b) if any question arising under the notice requires to be determined by the Authority, within fourteen days after the determination of that question,
give notice to that person that the undertaker intends itself to make the communication.
(1A) A sewerage undertaker may not give notice to a person under subsection (1) if—
(a) the undertaker and the person entered into an agreement under section 104, and
(b) the agreement provides for the communication to which the person's proposal relates to be made by the person.
(2) If, after a notice has been given to any person under subsection (1) above, that person proceeds himself to make the communication, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(3) Where a sewerage undertaker has given a notice under subsection (1) above—
(a) the undertaker shall have all such rights in respect of the making of the communication as the person desiring it to be made would have; but
(b) it shall not be obligatory on the undertaker to make the communication until either—
(i) there has been paid to the sewerage undertaker any such sum, not exceeding the undertaker’s reasonable estimate of the amount by way of charges that the undertaker may impose in accordance with charging rules for making the connection , as the undertaker may have required to be paid to it; or
(ii) there has been given to the undertaker such security for the payment of that amount as charging rules allow and it may have required.
(4) If a payment to a sewerage undertaker under subsection (3) exceeds the charges that may, in the event, be imposed in accordance with charging rules for making the connection in question, the excess is to be repaid by the undertaker; and, if and so far as those charges are not covered by a payment under subsection (3), those charges are to be paid by the person for whom the work was undertaken.
(4A) Any dispute between a sewerage undertaker and any other person as to—
(a) whether the undertaker’s estimate of the amount of charges given under subsection (3)(b)(i) above is reasonable,
(b) the security required by the undertaker, or
(c) whether any excess is repayable, or any charges are payable, under subsection (4), or the amount of any such excess or charges,
may be referred to the Authority for determination under section 30A above by either party to the dispute.
(5) Sections 291, 293 and 294 of the Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.
(6) For the purposes of this section, the making of the communication between a drain or private sewer and a public sewer includes all such work as involves the breaking open of a street.
(7) A reference in this section to an agreement under section 104 includes a reference to—
(a) an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and
(b) an agreement which has been varied by order under section 105ZB(1).
108 Communication works by person entitled to communication.
(1) Where a sewerage undertaker does not under section 107 above elect itself to make a communication to which a person is entitled under section 106 above or may not make such an election because of section 107(1A), the person making it shall—
(a) before commencing the work, give reasonable notice to any person directed by the undertaker to superintend the carrying out of the work; and
(b) afford any such person all reasonable facilities for superintending the carrying out of the work.
(2) For the purpose—
(a) of exercising his rights under section 106 above; or
(b) of examining, repairing or renewing any drain or private sewer draining his premises into a public sewer,
the owner or occupier of any premises shall be entitled to exercise the same powers as, for the purpose of carrying out its functions, are conferred on a sewerage undertaker by sections 158 and 161(1) below.
(3) The provisions of Part VI of this Act shall apply, with the necessary modifications, in relation to the power conferred by subsection (2) above as they apply in relation to the power conferred by sections 158 and 161(1) below.
(1) Any person who causes a drain or sewer to communicate with a public sewer—
(a) in contravention of any of the provisions of section 106 or 108 above; or
(b) before the end of the period mentioned in subsection (4) of that section 106,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(2) Whether proceedings have or have not been taken by a sewerage undertaker in respect of an offence under this section, such an undertaker may—
(a) close any communication made in contravention of any of the provisions of section 106 or 108 above; and
(b) recover from the offender any expenses reasonably incurred by the undertaker in so doing.
(3) Sections 291, 293 and 294 of the Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.
110 Determination of disputes with respect to cross boundary sewers.
(1) Where any part of a sewer is vested in a sewerage undertaker by virtue of section 70 of the Water Act 1989 (cross boundary sewers), the terms on which that part of that sewer—
(a) communicates with such parts of that sewer or of any other sewer; or
(b) discharges into any such sewage disposal works,
as immediately before 1st September 1989 were vested in the same water authority as that part of that sewer but, by virtue of that section, are vested in another sewerage undertaker shall be determined, in default of agreement, by the Authority.
(2) A determination by the Authority under this section shall have effect as an agreement between the sewerage undertakers in question but may be varied or revoked by a subsequent determination made by the Authority on the application of either of those undertakers, as well as by agreement between the undertakers.
(3) In making a determination under this section, the Authority shall have regard to the desirability of a sewerage undertaker’s recovering the costs resulting from its allowing the sewers of other sewerage undertakers to communicate with its sewers or to discharge into its sewage disposal works and of its securing a reasonable return on its capital.
(1) This section applies where—
(a) a qualifying person requests a sewerage undertaker to permit a main connection into the established undertaker's sewerage system for the benefit of the qualifying person, or
(b) a sewerage undertaker proposes such an arrangement;
and references in this section to the established undertaker are references to the sewerage undertaker who is to permit the main connection.
(2) In this section “qualifying person” means—
(a) a sewerage undertaker, or
(b) a person who has made an application for an appointment or variation under section 8 which has not been determined.
(3) On the application of the qualifying person or the established undertaker, the Authority may—
(a) if it appears to the Authority that it is necessary or expedient for the purposes of this Part that the established undertaker should permit a main connection into its sewerage system, and
(b) if the Authority is satisfied that the established undertaker and qualifying person cannot reach agreement,
by order require the established undertaker to permit the connection for such period and on such terms and conditions as may be specified in the order.
(4) Before making an order under subsection (3), the Authority must consult the appropriate agency.
(5) Subject to subsection (6), an order under subsection (3) has effect as an agreement between the established undertaker and the qualifying person.
(6) If the Authority makes an order under subsection (3) on the application of a person who is a qualifying person by virtue of subsection (2)(b), the Authority must frame the order so that it does not have effect until—
(a) the person becomes a sewerage undertaker for the area specified in the order, or
(b) the person becomes a sewerage undertaker for an area that includes the area specified in the order (in the case of a sewerage undertaker applying for a variation).
(7) Neither the CMA nor the Authority may exercise, in respect of an agreement with a sewerage undertaker for it to permit a main connection into its sewerage system for the benefit of a qualifying person, the powers conferred by—
(a) section 32 of the Competition Act 1998 (directions in relation to agreements);
(b) section 35(2) of that Act (interim directions).
(8) Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—
(a) which is connected with such agreement as is mentioned in subsection (7), and
(b) in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.
(9) In exercising its functions under this section, the Authority must have regard to the desirability of—
(a) facilitating effective competition within the sewerage services industry;
(b) the established undertaker's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;
(c) the established undertaker's being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;
(d) not putting at risk the ability of the established undertaker to meet its existing obligations, or likely future obligations, to provide such services.
(10) In this section and section 110B “the appropriate agency”, in relation to a determination whether to make an order under subsection (3) or section 110B(1) which would result in, or which would vary or terminate, a main connection agreement, means—
(a) the Environment Agency, in a case where all parties to the main connection agreement are or would be—
(i) a sewerage undertaker whose area is wholly in England, or
(ii) a person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a sewerage undertaker;
(b) the NRBW, in a case where all parties to the main connection agreement are or would be—
(i) a sewerage undertaker whose area is wholly in Wales, or
(ii) a person who would, if the person's application for an appointment or variation is determined in accordance with the application, be such a sewerage undertaker;
(c) both the Environment Agency and the NRBW, in any other case.
(11) In this section and sections 110B to 110J—
“main connection” means—
a connection between a sewer or disposal main and a sewer or disposal main, or
a connection which allows a sewer or disposal main to discharge directly into a sewage disposal works;
“main connection agreement” means an agreement with one or more sewerage undertakers for that undertaker or each of them to permit a main connection into its sewerage system and includes—
an order under subsection (3) which is deemed to be an agreement by virtue of subsection (5), and
any agreement which has been varied by order under section 110B(1).
110B Variation and termination of main connection agreements
(1) On the application of any party to a main connection agreement, the Authority may—
(a) if it appears to the Authority that it is necessary or expedient for the purpose of this Part that the main connection agreement should be varied or terminated, and
(b) if the Authority is satisfied that variation or termination cannot be achieved by agreement,
by order vary or terminate the main connection agreement.
(2) Before making an order under subsection (1), the Authority must consult the appropriate agency.
(3) If an order under subsection (1) is made in relation to a main connection agreement, the agreement—
(a) has effect subject to the provision made by the order, or
(b) ceases to have effect (as the case may be).
(4) An order under subsection (1) may require any party to the agreement to pay compensation to any other party.
(5) Neither the CMA nor the Authority may exercise, in respect of an agreement to vary or terminate a main connection agreement, the powers conferred by—
(a) section 32 of the Competition Act 1998 (directions in relation to agreements);
(b) section 35(2) of that Act (interim directions).
(6) Subsection (5)(b) does not apply to the exercise of powers in respect of conduct—
(a) which is connected with an agreement to vary or terminate a main connection agreement, and
(b) in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.
(7) In exercising its functions under this section, the Authority must have regard to the expenses incurred by the established undertaker in complying with its obligations under the main connection agreement in question and to the desirability of—
(a) facilitating effective competition within the sewerage services industry;
(b) the established undertaker's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;
(c) the established undertaker's being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;
(d) not putting at risk the ability of the established undertaker to meet its existing obligations, or likely future obligations, to provide such services.
(8) In this section and sections 110C to 110J “established undertaker”, in relation to a sewerage agreement, means the sewerage undertaker which is required by the agreement to permit a main connection into its sewerage system.
110C Codes in respect of main connection agreements
(1) The Authority may issue one or more codes in respect of main connection agreements.
(2) A code may make provision about—
(a) procedures in connection with making an agreement to permit a main connection into a sewerage undertaker's sewerage system;
(b) procedures in connection with varying or terminating a main connection agreement;
(c) procedures to be followed by the Authority in determining whether to make an order under section 110A(3) or 110B(1);
(d) the terms and conditions of a main connection agreement, including terms as to the duration of such an agreement;
(e) principles for determining the terms and conditions that should or should not be incorporated into a main connection agreement;
(f) the steps to be taken by the Authority in determining whether a person is complying with the code.
(3) If the Authority considers that a sewerage undertaker is not acting as required by a code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.
(4) The Authority may not give a direction under subsection (3) requiring a person to enter into, vary or terminate an agreement.
(5) It is the duty of a sewerage undertaker to comply with a direction under subsection (3), and this duty is enforceable by the Authority under section 18.
(6) A code may make different provision for different persons or different descriptions of person.
(7) The Authority may from time to time revise a code issued under this section and issue a revised code.
(8) A revised code may include provision for applying any of its revisions to main connection agreements made before the revised code comes into force.
(1) Before issuing a code under section 110C, the Authority must—
(a) prepare a draft of the proposed code under section 110C, and
(b) consult such persons about the proposed code as it considers appropriate.
(2) The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.
(3) Before a code under section 110C prepared by the Authority is issued, the Minister may direct the Authority—
(a) not to issue the code, or
(b) to issue the code with specified modifications.
(4) Subsection (3) is subject to subsections (6) and (7).
(5) In subsection (3) “the Minister” means—
(a) the Secretary of State, so far as a code prepared by the Authority relates to main connection agreements under which—
(i) the main connection into a sewerage system, or
(ii) each such connection,
is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;
(b) the Welsh Ministers, so far as a code prepared by the Authority relates to main connection agreements under which—
(i) the main connection into a sewerage system, or
(ii) each such connection,
is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;
(c) the Secretary of State and the Welsh Ministers acting jointly, so far as a code prepared by the Authority relates to main connection agreements under which one main connection into a sewerage system is or would be—
(i) a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, or
(ii) a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.
(6) If the power under subsection (3) is exercised to give a direction in respect of such main connection agreements as are referred to in paragraph (a), (b) or (c) of subsection (5), it may not be exercised again in respect of such main connection agreements as are referred to in that paragraph.
(7) If the power under subsection (3) to give a direction in respect of such main connection agreements as are referred to in paragraph (a), (b) or (c) of subsection (5) is not exercised on the first occasion on which it may be so exercised, it may not be exercised in respect of such main connection agreements as are referred to in that paragraph on a later occasion.
(8) A direction under subsection (3) must be given within the period of 28 days beginning with the day after the end of the consultation period, and a code in relation to which a direction may be given may not be issued before that period of 28 days has expired.
110E Codes under section 110C: minor or urgent revisions
(1) This section applies if the Authority propose to issue a revised code under section 110C and, in the view of the Authority, the revision or each of the revisions proposed to be made is—
(a) a revision for which consultation is unnecessary, or
(b) a revision that it is necessary or desirable to make without delay.
(2) Section 110D does not apply to the revised code.
(3) Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—
(a) the issuing of the revised code, and
(b) as regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).
(4) Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.
(5) Unless the Authority gives notice that a revision in a revised code is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised code is issued.
110F Rules about charges for permitting main connections
(1) The Authority may issue rules about charges that may be imposed by a sewerage undertaker under a main connection agreement.
(2) The rules may in particular make provision about—
(a) what types of charge may be imposed;
(b) the amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;
(c) principles for determining what types of charge may or may not be imposed;
(d) principles for determining the amount of any charge that may be imposed;
(e) publication of the charges that may be imposed.
(3) If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.
(4) It is the duty of a sewerage undertaker to comply with a direction under subsection (3), and this duty is enforceable by the Authority under section 18.
(5) The rules may—
(a) make different provision for different sewerage undertakers or different descriptions of sewerage undertaker;
(b) make different provision for different purposes;
(c) make provision subject to exceptions.
(6) The Authority may from time to time revise rules issued under this section and issue revised rules.
(7) The Authority must issue revised rules if—
(a) guidance is issued under section 110J, and
(b) the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.
(8) Revised rules may include provision for applying any of the revisions to main connection agreements made before the revised rules come into effect.
110G Rules under section 110F: provision about the reduction of charges
(1) Rules under section 110F may provide for the reduction of charges payable under a main connection agreement where conditions specified by the rules are satisfied.
(2) Rules made by virtue of subsection (1) may in particular—
(a) specify conditions by reference to any party to a main connection agreement;
(b) require that steps be taken for the purpose of reducing the cost to a sewerage undertaker of permitting a main connection into its sewerage system;
(c) specify conditions about reducing charges payable by a person who—
(i) is not party to the agreement, and
(ii) takes or proposes to take such steps as satisfy or would satisfy a condition falling within paragraph (b).
(3) The rules may provide that, where a charge falls to be reduced in accordance with rules made by virtue of subsection (1), the sewerage undertaker to which the charges are payable must give notice of that reduction to the Authority.
(4) Rules made by virtue of subsection (3) may—
(a) make provision as to the content of the notice;
(b) specify the period within which an undertaker is to give notice to the Authority.
(5) Provision under subsection (4)(a) may in particular require the notice to specify—
(a) the provision of the rules that brings about the reduction in the charge;
(b) the amount of the charge, with and without the reduction;
(c) the period for which the reduction has effect.
(1) Before issuing rules under section 110F, the Authority must—
(a) prepare a draft of the proposed rules, and
(b) consult such persons about the proposed rules as it thinks appropriate.
(2) The Authority must specify the period (“the consultation period”) within which persons may make representations about the proposed rules.
(3) The Authority must have regard to guidance issued under section 110J in making rules under section 110F.
(4) Before rules under section 110F prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.
(5) In subsection (4) “the Minister” means—
(a) the Secretary of State, so far as rules prepared by the Authority relate to main connection agreements under which—
(i) the main connection into a sewerage system, or
(ii) each such connection,
is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;
(b) the Welsh Ministers, so far as rules prepared by the Authority relate to main connection agreements under which—
(i) the main connection into a sewerage system, or
(ii) each such connection,
is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;
(c) the Secretary of State and the Welsh Ministers acting jointly, so far as rules prepared by the Authority relate to main connection agreements under which one main connection into a sewerage system is or would be—
(i) a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, or
(ii) a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.
(6) A direction under subsection (4) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules may not be issued before that period of 28 days has expired.
(7) This section is subject to section 110I.
110I Rules under section 110F: minor or urgent revisions
(1) This section applies if the Authority proposes to issue revised rules under section 110F and, in the view of the Authority, the revision or each of the revisions proposed to be made is—
(a) a revision for which consultation is unnecessary, or
(b) a revision that it is necessary or desirable to make without delay.
(2) Section 110H does not apply to the proposed revised rules.
(3) Before issuing the revised rules, the Authority must give notice to the Minister of its intention to issue revised rules.
(4) Before the revised rules are issued, the Minister may direct the Authority not to issue the revised rules.
(5) A direction under subsection (4) must be given within the period of 14 days beginning with the day after the day on which notice is given under subsection (3), and the Authority may not issue the revised rules in question before—
(a) that period of 14 days expires, or
(b) the Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,
whichever is the sooner.
(6) Once the Authority has issued the revised rules, it must give notice as soon as reasonably practicable of—
(a) the issuing of the revised rules, and
(b) as regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).
(7) Notice under subsection (6) is to be given to such persons as the Authority considers appropriate.
(8) Unless the Authority gives notice that a revision in revised rules is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised rules are issued.
(9) In this section “the Minister” has the meaning given by section 110H.
(1) The Minister may issue guidance as to the content of rules under section 110F.
(2) Before issuing the guidance, the Minister must—
(a) prepare a draft of the proposed guidance;
(b) consult the relevant persons about the draft.
(3) The relevant persons are—
(a) the Welsh Ministers;
(b) the Secretary of State;
(c) such other persons as the Minister thinks appropriate.
(4) The Minister may from time to time revise the guidance and issue revised guidance.
(5) Subsections (2) and (3) apply to revised guidance as they apply to the original guidance.
(6) The Minister must arrange for the publication of guidance issued under this section.
(7) In this section “the Minister” means—
(a) the Secretary of State, in relation to main connection agreements under which—
(i) any main connection into a sewerage system, or
(ii) each such connection,
is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;
(b) the Welsh Ministers, in relation to main connection agreements under which—
(i) any main connection into a sewerage system, or
(ii) each such connection,
is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;
(c) the Secretary of State and the Welsh Ministers acting jointly, in relation to main connection agreements under which one main connection into a sewerage system is or would be—
(i) a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, or
(ii) a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.
(1) The owner or occupier of any premises may serve a notice on a sewerage undertaker—
(a) informing the undertaker that sewerage services to the premises are to be provided by a sewerage licensee, and
(b) specifying the time after which the undertaker will no longer be required to provide sewerage services to the premises.
(2) Where the charges for the sewerage services provided by the undertaker are, under Chapter 1 of Part 5 of this Act, fixed in relation to the premises by reference to volume, the time specified in the notice is to fall at least two working days after the notice is served.
(3) In this section a reference to two working days is a reference to a period of 48 hours calculated after disregarding any time falling on—
(a) a Saturday or Sunday, or
(b) Christmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
110L Interim duty: sewerage undertakers and sewerage licensees
(1) This section applies where—
(a) a sewerage licensee (“the previous licensee”) ceases to provide sewerage services to any premises, and
(b) the owner or occupier of the premises has not notified the sewerage undertaker in whose area the premises are that—
(i) he has made arrangements for the continuation of the provision of sewerage services to the premises, or
(ii) he intends any provision of sewerage services to the premises to cease.
(2) It is to be the duty of the sewerage undertaker to continue to provide the sewerage services to the premises which were provided by the previous licensee.
(3) But the Authority may give a direction to an eligible sewerage licensee (an “interim licensee”) providing that it is to be the duty of that licensee to provide the sewerage services instead.
(3A) Where the premises are in a retail exit area the Authority must give a direction under subsection (3).
(4) An “eligible sewerage licensee” is a sewerage licensee with a retail authorisation who has elected to be an eligible sewerage licensee for the purposes of this section in accordance with the code issued under section 110O.
(5) If the Authority proposes to give a direction under subsection (3) to an eligible sewerage licensee—
(a) the Authority must give notice of the proposed direction to the licensee, and
(b) the licensee may, in accordance with the code issued under section 110O, temporarily suspend the election made by the licensee as mentioned in subsection (4), so that the proposed direction cannot be given to the licensee.
(6) Where sewerage services are provided by an undertaker under subsection (2)—
(a) the charges payable in respect of the provision of the services are to be fixed from time to time by a charges scheme under section 143, and
(b) the services are to be provided until—
(i) services are provided by an interim licensee by virtue of a direction under subsection (3),
(ii) services are provided by a sewerage licensee following the service of a notice under section 110K, or
(iii) services are provided to the premises by another sewerage undertaker following the service of a notice by the owner or occupier of the premises on the undertaker providing services under subsection (2) specifying the time after which the undertaker will no longer be required to provide sewerage services to the premises (see section 110M(5)),
whichever is the earlier.
(7) Where sewerage services are provided by an interim licensee by virtue of a direction given under subsection (3)—
(a) the provision of services by the interim licensee is to be treated as having begun on the date on which the previous licensee ceased to provide services to the premises,
(b) the terms and conditions in accordance with which the services are to be provided are to be—
(i) those provided for by a scheme made under section 110N, or
(ii) such other terms and conditions as may be agreed between the interim licensee and the owner or occupier of the premises, and
(c) the services are to be provided until they are discontinued in accordance with the terms and conditions mentioned in paragraph (b).
(8) Subsections (9) and (10) apply if, within a period of three months beginning with the date on which the previous licensee ceased to provide sewerage services to the premises, the owner or occupier of the premises serves notice—
(a) under section 110K, on the sewerage undertaker continuing the provision of services under subsection (2), or
(b) in accordance with the terms and conditions mentioned in subsection (7)(b), on the interim licensee continuing the provision of services by virtue of a direction given under subsection (3),
that instead another sewerage licensee (“the new licensee”) is to continue the provision of the services to the premises which were provided by the previous licensee.
(9) The notice must—
(a) specify the time from which the new licensee is to continue the provision of the services in question, and
(b) be served in accordance with the code issued under section 110O.
(10) In the case of a notice served as mentioned in subsection (8)(a), the provision of services by the new licensee is to be treated as having begun on the date on which the previous licensee ceased to provide services to the premises.
(1) Where a duty is imposed by section 110L(2), or by virtue of a direction given under section 110L(3), in respect of any premises, any breach of the duty which causes the owner or occupier of the premises to sustain loss or damage is actionable at the suit of that owner or occupier.
(2) But in any proceedings brought against a sewerage undertaker or sewerage licensee in pursuance of subsection (1), it is a defence for the undertaker or licensee to show that the undertaker or, as the case may be, the licensee took all reasonable steps and exercised all due diligence to avoid the breach.
(3) For the purposes of section 110L, premises which are outside a sewerage undertaker's area are to be treated as being within that area if they are provided with sewerage services using the undertaker's sewerage system.
(4) In subsection (3), the reference to the undertaker's sewerage system is to be construed in accordance with section 17BA(7).
(5) Section 110K(2) and (3) apply to a notice served under section 110L(6)(b)(iii) as they apply to a notice served under section 110K.
110N Interim licensees: schemes for terms and conditions
(1) A person who is an eligible sewerage licensee for the purposes of section 110L must make, and from time to time revise, a scheme containing the terms and conditions which, in the absence of agreed terms and conditions, are to apply to the provision of sewerage services by the licensee by virtue of a direction given under section 110L(3).
(2) A scheme under this section may make different provision for different purposes, or for different areas.
(3) As soon as practicable after a sewerage licensee makes or revises a scheme under this section the licensee is to—
(a) publish the scheme, or revised scheme, on the licensee's website, and
(b) send a copy of the scheme, or revised scheme, to the Authority.
(4) The Authority may give a direction that terms and conditions applying to the provision of sewerage services in accordance with a scheme under this section must be modified as specified in the direction.
(5) A direction under subsection (4) may apply—
(a) generally to terms and conditions applying in accordance with a scheme under this section, or
(b) to terms and conditions so applying in any particular case.
(6) It is the duty of a sewerage licensee to comply with a direction under subsection (4), and this duty is enforceable under section 18.
(1) The Authority must issue a code in relation to—
(a) the provision of sewerage services under section 110L, and
(b) its power of direction under section 110L(3) (power to direct that eligible sewerage licensee provides interim sewerage services).
(2) The code may, in particular, make provision about—
(a) the procedure for electing to be an eligible sewerage licensee for the purposes of section 110L;
(b) the procedure for temporarily suspending such an election under section 110L(5)(b);
(c) the circumstances in which the Authority's power of direction under section 110L(3) or 110N(4) may or may not be exercised;
(d) how the Authority will determine the date on which a sewerage licensee ceased to provide sewerage services to premises for the purposes of section 110L;
(e) terms and conditions contained in schemes made under section 110N;
(f) eligible sewerage licensees informing owners or occupiers of premises of their schemes for terms and conditions made under section 110N, before agreeing any terms and conditions as mentioned in section 110L(7)(b)(ii);
(g) the giving of notices as mentioned in section 110L(8) (that a new licensee is to continue the provision of the sewerage services provided by the previous licensee) including, in particular, provision about—
(i) the earliest time that a notice may specify as the time from which a new licensee is to continue the provision of the sewerage services provided by a previous licensee;
(ii) the procedure for serving a notice.
(3) If the Authority considers that a sewerage licensee is not acting as required by provision contained in the code as mentioned in subsection (2)(e) or (f), the Authority may give the licensee a direction to do, or not to do, a particular thing specified in the direction.
(4) It is the duty of a sewerage licensee to comply with a direction under subsection (3), and this duty is enforceable under section 18.
(5) The Authority must from time to time review the code and, if appropriate, issue a revised code.
(6) References in section 110L to the code issued under this section are to the code issued under this section that has effect at the time in question.
(1) Subject to the provisions of Chapter III of this Part, no person shall throw, empty or turn, or suffer or permit to be thrown or emptied or to pass, into any public sewer, or into any drain or sewer communicating with a public sewer—
(a) any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents; or
(b) any such chemical refuse or waste steam, or any such liquid of a temperature higher than forty-three degrees Celsius , as by virtue of subsection (2) below is a prohibited substance; or
(c) any petroleum spirit or carbide of calcium.
(2) For the purposes of subsection (1) above, chemical refuse, waste steam or a liquid of a temperature higher than that mentioned in that subsection is a prohibited substance if (either alone or in combination with the contents of the sewer or drain in question) it is or, in the case of the liquid, is when so heated—
(a) dangerous;
(b) the cause of a nuisance; or
(c) injurious, or likely to cause injury, to health.
(3) A person who contravenes any of the provisions of this section shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum and to a further fine not exceeding £50 for each day on which the offence continues after conviction;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4) For the purposes of so much of subsection (3) above as makes provision for the imposition of a daily penalty—
(a) the court by which a person is convicted of the original offence may fix a reasonable date from the date of conviction for compliance by the defendant with any directions given by the court; and
(b) where a court has fixed such a period, the daily penalty shall not be imposed in respect of any day before the end of that period.
(5) In this section the expression “petroleum spirit” means any such—
(a) crude petroleum;
(b) oil made from petroleum or from coal, shale, peat or other bituminous substances; or
(c) product of petroleum or mixture containing petroleum,
as, when tested in the manner prescribed by or under the Petroleum (Consolidation) Act 1928, gives off an inflammable vapour at a temperature of less than twenty-three degrees Celsius .
112 Requirement that proposed drain or sewer be constructed so as to form part of general system.
(1) Where—
(a) a person proposes to construct a drain or sewer; and
(b) a sewerage undertaker considers that the proposed drain or sewer is, or is likely to be, needed to form part of a general sewerage system which that undertaker provides or proposes to provide,
the undertaker may require that person to construct the drain or sewer in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise, from the manner in which that person proposes, or could otherwise be required by the undertaker, to construct it.
(2) If any person on whom requirements are imposed under this section by a sewerage undertaker is aggrieved by the requirements, he may within twenty-eight days appeal to the Authority.
(3) On an appeal under subsection (2) above with respect to any requirements, the Authority may either disallow the requirements or allow them with or without modification.
(4) It shall be the duty of a person on whom requirements are imposed by a sewerage undertaker under this section to comply with those requirements.
(5) The duty of any person by virtue of subsection (4) above to comply with the requirements of a sewerage undertaker shall be owed to the undertaker; and any breach of that duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.
(6) A sewerage undertaker which exercises the powers conferred on it by this section shall—
(a) repay to the person constructing the drain or sewer the extra expenses reasonably incurred by that person in complying with the undertaker’s requirements; and
(b) until the drain or sewer becomes a public sewer, from time to time repay to that person so much of any expenses reasonably incurred by him in repairing or maintaining the drain or sewer as may be attributable to the undertaker’s requirements having been imposed and complied with.
(7) Nothing in this section shall apply in relation to so much of any drain or sewer as is proposed to be constructed by any railway undertakers or dock undertakers in or on land which—
(a) belongs to them; and
(b) is held or used by them for the purposes of their undertaking.
(8) A requirement imposed under this section may not be inconsistent with, or more onerous than, standards published for the purposes of section 106B.
113 Power to alter drainage system of premises in area.
(1) Where any premises have a drain or sewer communicating with a public sewer or a cesspool, but that system of drainage, though sufficient for the effectual drainage of the premises—
(a) is not adapted to the general sewerage system of the area; or
(b) is, in the opinion of the sewerage undertaker for the area, otherwise objectionable,
the undertaker may, at its own expense, close the existing drain or sewer and fill up the cesspool, if any, and do any work necessary for that purpose.
(2) The power conferred on a sewerage undertaker by subsection (1) above shall be exercisable on condition only that the undertaker first provides, in a position equally convenient to the owner of the premises in question, a drain or sewer which—
(a) is equally effectual for the drainage of the premises; and
(b) communicates with a public sewer.
(3) A sewerage undertaker which proposes to carry out any work under this section shall give notice of its proposals to the owner of the premises in question. notice of its proposals to—
(a) the owner of the premises in question, and
(b) any sewerage licensee providing sewerage services to those premises.
(4) If the owner of the premises is aggrieved by the proposals, whether as regards the position or the sufficiency of the drain or sewer proposed to be provided for the drainage of the premises, he may refer the matter to the Authority for determination under section 30A above.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Secretary of State may by regulations make provision with respect to consents and the conditions of consents for discharges of trade effluent into the sewer of a sewerage undertaker through a drain or sewer provided in pursuance of this section.
(7) In this section—
“cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and
“trade effluent” has the same meaning as in Chapter III of this Part.
114 Power to investigate defective drain or sewer.
(1) Where it appears to a sewerage undertaker that there are reasonable grounds for believing—
(a) that any drain connecting with a public sewer, or any private sewer so connecting, is in such a condition as to be injurious or likely to cause injury to health or as to be a nuisance; or
(b) that any such drain or private sewer is so defective as to admit subsoil water,
the undertaker may examine the condition of the drain or sewer and, for that purpose, may apply any test, other than a test by water under pressure and, if the undertaker deems it necessary, open the ground.
(2) If on examination the drain or sewer is found to be in proper condition, the undertaker shall, as soon as possible, reinstate any ground which has been opened by it and make good any damage done by the undertaker.
(1) Sewerage undertakers may construct, on their own or on another's land, drainage systems for the purpose of reducing the volume of surface water entering public sewers or the rate at which it does so.
(2) A sewerage undertaker may maintain and operate a drainage system constructed by it under subsection (1).
(3) In this section—
“drainage system” means a structure designed to receive rainwater and other surface water, other than a natural watercourse;
“natural watercourse” means a river or stream;
“rainwater” includes snow and other precipitation;
“structure” includes—
any part of an existing or proposed structure, and
any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or other surface water.
(4) The powers conferred by subsections (1) and (2) are not to be regarded as functions of a sewerage undertaker for the purposes of section 155 (compulsory purchase of land required for the purposes of carrying out functions of relevant undertakers).
115 Use of highway drains as sewers and vice versa.
(1) Subject to the provisions of this section, a relevant authority and a sewerage undertaker may agree that—
(a) any drain or sewer which is vested in the authority in their capacity as a highway authority may, upon such terms as may be agreed, be used by the undertaker for the purpose of conveying surface water from premises or streets;
(b) any public sewer vested in the undertaker may, upon such terms as may be agreed, be used by the authority for conveying surface water from roads repairable by the authority.
(2) Where a sewer or drain with respect to which a relevant authority and a sewerage undertaker propose to make an agreement under this section discharges, whether directly or indirectly, into the sewers or sewage disposal works of another sewerage undertaker, the agreement shall not be made without the consent of that other undertaker.
(3) Subject to subsection (4) below, a consent given by a sewerage undertaker for the purposes of subsection (2) above may be given on such terms as that undertaker thinks fit.
(4) Neither a relevant authority nor a sewerage undertaker shall—
(a) unreasonably refuse to enter into an agreement for the purposes of this section; or
(b) insist unreasonably upon terms unacceptable to the other party;
and a sewerage undertaker shall not unreasonably refuse to consent to the making of such an agreement or insist unreasonably upon terms unacceptable to either party.
(5) Any question arising under this section as to whether or not any authority or undertaker is acting unreasonably shall be referred to the Secretary of State, whose decision shall be final.
(5A) A sewerage undertaker must accept any use by a highway authority which is in accordance with a drainage system approved under Schedule 3 to the Flood and Water Management Act 2010.
(6) The powers by virtue of paragraph (a) of subsection (1) above of a relevant authority and a sewerage undertaker to enter into an agreement shall be exercisable by two relevant authorities as they would be exercisable if one of them were a sewerage undertaker.
(7) Nothing in this section shall be construed as limiting the rights of a relevant authority under section 264 of the Highways Act 1980.
(8) Part XII of the Public Health Act 1936 shall apply for the purposes of the provisions of this section which confer functions on relevant authorities as they apply for the purposes of the provisions of that Act.
(9) In this section “relevant authority” means a county council or any local authority except a non-metropolitan district council.
(10) The provisions of this section are subject to the provisions of section 146(4) below.
116 Power to close or restrict use of public sewer.
(1) Subject to subsection (3) below, a sewerage undertaker may discontinue and prohibit the use of any public sewer which is vested in the undertaker.
(2) A discontinuance or prohibition under this section may be for all purposes, for the purpose of foul water drainage or for the purpose of surface water drainage.
(3) Before any person who is lawfully using a sewer for any purpose is deprived under this section by a sewerage undertaker of the use of the sewer for that purpose, the undertaker shall—
(a) provide a sewer which is equally effective for his use for that purpose; and
(b) at the undertaker’s own expense, carry out any work necessary to make that person’s drains or sewers communicate with the sewer provided in pursuance of this subsection.
(4) Any dispute arising under subsection (3)(a) above between a sewerage undertaker and any other person as to the effectiveness of any sewer provided by the undertaker for that person’s use may be referred to the Authority for determination under section 30A above by either party to the dispute.
(1) Each sewerage undertaker shall establish a procedure for dealing with complaints made by its customers or potential customers in connection with the provision of sewerage services.
(2) No such procedure shall be established, and no modification of such a procedure shall be made, unless—
(a) the sewerage undertaker has consulted the regional committee to which it has been allocated; and
(b) the proposed procedure or modification has been approved by the Authority.
(3) The sewerage undertaker shall—
(a) publicise the procedure in such manner as may be approved by the Authority; and
(b) send a description of the procedure, free of charge, to any person who asks for one.
(4) The Authority may give a direction to a sewerage undertaker requiring the undertaker to review its procedure or the manner in which the procedure operates.
(5) A direction under subsection (4) above—
(a) may specify the manner in which the review is to be conducted; and
(b) shall require a written report of the review to be made to the Authority.
(6) Where the Authority receives a report under subsection (5)(b) above, it may, after consulting the sewerage undertaker, direct the undertaker to make such modifications of—
(a) the procedure; or
(b) the manner in which the procedure operates,
as may be specified in the direction.
(7) Subsection (2) above does not apply to any modification made in compliance with a direction under subsection (6) above.
(8) The duty of a sewerage undertaker to comply with subsection (1) above and with any direction given to it under subsection (4) or (6) above shall be enforceable by the Authority under section 18 above.
(9) Where the Authority is considering whether to exercise its powers under subsection (4) or (6) above in relation to a sewerage undertaker, it shall be the duty of that undertaker to give it such information as it may reasonably require for the purpose of assisting it in coming to a decision.
(10) Section 202 below shall have effect, with the necessary modifications, in relation to information which the Authority requires for that purpose as it has effect in relation to information which the Secretary of State requires for purposes mentioned in subsection (1) of that section.
(1) In this Chapter, except in so far as the context otherwise requires—
“dock undertakers” means persons authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on any dock, harbour, canal or inland navigation;
“domestic sewerage purposes”, in relation to any premises, means any one or more of the following purposes, that is to say—
(a) the removal, from buildings on the premises and from land occupied with and appurtenant to the buildings, of the contents of lavatories;
(b) the removal, from such buildings and from such land, of water which has been used for cooking or washing; and
(c) the removal, from such buildings and such land, of surface water;
but does not, by virtue of paragraph (b) of this definition, include the removal of any water used for the business of a laundry or for a business of preparing food or drink for consumption otherwise than on the premises.
(2) References in this Chapter to the construction of a sewer or of any sewage disposal works include references to the extension of any existing sewer or works.
(3) In this Chapter “local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.
(4) Every application made or consent given under this Chapter shall be made or given in writing.
(5) Nothing in sections 102 to 109 above or in sections 111 to 116 above shall be construed as authorising a sewerage undertaker to construct or use any public or other sewer, or any drain or outfall—
(a) in contravention of any applicable provision of the Water Resources Act 1991 or the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154); or
(b) for the purpose of conveying foul water into any natural or artificial stream, watercourse, canal, pond or lake, without the water having been so treated as not to affect prejudicially the purity and quality of the water in the stream, watercourse, canal, pond or lake.
(6) A sewerage undertaker shall so carry out its functions under sections 102 to 105, 112, 115 and 116 above as not to create a nuisance.
(1) This section applies where a sewerage licensee with a retail authorisation (“L”) requests a sewerage undertaker to permit the use of the undertaker's sewerage system for the purpose of enabling L to provide sewerage services in respect of premises that—
(a) L is to serve in accordance with L's retail authorisation, and
(b) are in the area of the sewerage undertaker.
(2) Where this section applies, the undertaker must in accordance with a section 117E agreement take such steps—
(a) for the purpose of connecting the drains or sewers of the premises in question to the undertaker's sewerage system, or
(b) in respect of that system,
as may be provided for in that agreement in order to enable the requested use of that system.
(2A) A sewerage undertaker is not required by this section to take any steps to enable the use of its sewerage system at a time when it is required to take those steps by virtue of a notice under section 98(1) or (1A) or a request under section 101B(1).
(3) A sewerage undertaker is not required by this section to permit the use of its sewerage system, or to take any steps to enable its use, if the sewerage licensee making a request has not secured by means of—
(a) a request under section 117B made by the licensee, or
(b) a request under section 117C made by the licensee or another sewerage licensee,
that there is to be provision for dealing with or removing matter from the sewerage system in quantities determined by reference to the extent of sewerage services provided in respect of the premises in question.
(4) Where—
(a) a request has been made by a sewerage licensee for the purposes of subsection (1), and
(b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works,
the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.
(5) For the purposes of this section and sections 117B and 117C—
(a) premises which are outside a sewerage undertaker's area are to be treated as being within that area if they are provided with sewerage services using the undertaker's sewerage system, and
(b) any sewers or drains of the sewerage undertaker which are used for the purpose of serving premises as mentioned in paragraph (a) are to be treated as being part of the undertaker's sewerage system (if they would not otherwise be part of it).
(6) In this section and sections 117B to 117D—
(a) references to the sewerage system of a sewerage undertaker are to be construed in accordance with section 17BA(7);
(b) references to the retail authorisation of a sewerage licensee are to be construed in accordance with Schedule 2B.
(1) This section applies where a sewerage licensee with a retail authorisation (“L”) requests a sewerage undertaker to deal effectually with certain quantities of matter in its sewerage system in circumstances where—
(a) sewerage services are to be provided in accordance with L's retail authorisation in respect of particular premises in the area of the undertaker, and
(b) the quantities to be dealt with are to be determined by reference to the extent of sewerage services provided in respect of those premises.
(2) Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—
(a) take such steps in respect of the undertaker's sewerage system as may be provided for in that agreement in order to enable the use of that system for the purpose in subsection (1), and
(b) having taken those steps, deal with matter as requested.
(3) Where—
(a) a request has been made by a sewerage licensee for the purposes of subsection (1), and
(b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works,
the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.
117C Removal of matter from sewerage system by a sewerage licensee
(1) This section applies where a sewerage licensee with a wholesale authorisation (“L”) requests a sewerage undertaker to permit L to remove certain quantities of matter from the undertaker's sewerage system in circumstances where—
(a) sewerage services are to be provided in accordance with a retail authorisation (whether L's or another's) in respect of particular premises in the area of the undertaker, and
(b) the quantities to be removed are to be determined by reference to the extent of sewerage services provided in respect of those premises.
(2) Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—
(a) take such steps, including steps in respect of the undertaker's sewerage system, as may be provided for in that agreement in order to enable L to remove matter from the undertaker's sewerage system as requested, and
(b) having taken those steps, permit that requested removal of matter from that sewerage system.
(3) Where—
(a) a request has been made by a sewerage licensee for the purposes of subsection (1), and
(b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works,
the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.
(4) A pipe connecting a sewerage undertaker's sewerage system to a sewage disposal works that is laid because of subsection (2)(a) is to be regarded as a disposal main for the purposes of this Act, subject to any provision to the contrary.
(5) In this section, a reference to a wholesale authorisation is to be construed in accordance with Schedule 2B.
117D Connections for the purposes of a disposal authorisation
(1) This section applies where a sewerage licensee with a disposal authorisation (“L”) requests a sewerage undertaker to permit L to remove matter from the undertaker's sewerage system.
(2) Where this section applies, the sewerage undertaker must in accordance with a section 117E agreement—
(a) take such steps, including steps in respect of the undertaker's sewerage system, as may be provided for in that agreement in order to enable L to remove matter from the undertaker's sewerage system as requested, and
(b) having taken those steps, permit that requested removal of matter from that sewerage system.
(3) Where—
(a) a request has been made by a sewerage licensee for the purposes of subsection (1), and
(b) the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by it of any of its powers or the carrying out by it of any works,
the failure of the undertaker to acquire the necessary authority or agreement does not affect the liability of the licensee to reimburse the undertaker in respect of some or all of the expenses incurred by it in taking those steps, if the section 117E agreement provides for such liability as regards those steps.
(4) A pipe connecting a sewerage undertaker's sewerage system to a sewage disposal works that is laid because of subsection (2)(a) is to be regarded as a disposal main for the purposes of this Act, subject to any provision to the contrary.
(5) In this section, a reference to a disposal authorisation is to be construed in accordance with Schedule 2B.
117E Agreements as to duties under sections 117A to 117D
(1) On the application of—
(a) a sewerage licensee that has made a request under sections 117A to 117D, or
(b) a sewerage undertaker to which such a request has been made,
the Authority may by order require a sewerage undertaker to perform the duty in question under sections 117A to 117D, for such period and on such terms and conditions as may be specified in the order.
(2) The Authority may make an order under subsection (1) only if—
(a) it appears to the Authority that the sewerage undertaker is required to perform the duty in question, and
(b) it is satisfied that the parties cannot reach agreement within a reasonable time.
(3) An order under subsection (1) has effect as an agreement between—
(a) the sewerage licensee, and
(b) the sewerage undertaker required to perform the duty in question.
(4) On the application of a party to a section 117E agreement, the Authority may, if it is satisfied that the parties cannot reach agreement on the variation or termination of the agreement, by order vary or terminate the agreement.
(5) If an order under subsection (4) is made in relation to a section 117E agreement, the agreement—
(a) has effect subject to the provision made by the order, or
(b) ceases to have effect, as the case may be.
(6) An order under subsection (4) may require one party to the agreement to pay compensation to the other.
(7) Neither the CMA nor the Authority may exercise, in respect of an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, the powers conferred by—
(a) section 32 of the Competition Act 1998 (directions in relation to agreements);
(b) section 35(2) of that Act (interim directions).
(8) Subsection (7)(b) does not apply to the exercise of powers in respect of conduct—
(a) which is connected with an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, and
(b) in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.
(9) In this Chapter a reference to a section 117E agreement is a reference to—
(a) an agreement for the performance of a duty under sections 117A to 117D by a sewerage undertaker, or
(b) an order deemed to be such an agreement under subsection (3), or
(c) an agreement varied by order under subsection (4).
(1) The Authority may issue one or more codes in respect of section 117E agreements.
(2) A code may make provision about—
(a) procedures in connection with making a section 117E agreement;
(b) procedures in connection with varying or terminating a section 117E agreement;
(c) the terms and conditions of a section 117E agreement, including terms as to the duration of such an agreement;
(d) principles for determining the terms and conditions that should or should not be incorporated into a section 117E agreement.
(3) A code may make provision about the steps to be taken by the Authority in determining for the purposes of section 117E(2) whether a sewerage undertaker is, in the particular case, required to perform a duty under sections 117A to 117D.
(4) If the Authority considers that a sewerage undertaker or a sewerage licensee is not acting as required by a code, the Authority may give the undertaker or the licensee a direction to do, or not to do, a thing specified in the direction.
(5) The Authority may not give a direction under subsection (4) requiring a person to enter into, vary or terminate an agreement.
(6) It is the duty of a sewerage undertaker or a sewerage licensee to comply with a direction under subsection (4), and this duty is enforceable by the Authority under section 18.
(7) A code may make—
(a) different provision for different persons or descriptions of person;
(b) different provision for different duties under sections 117A to 117D.
(8) The Authority may from time to time revise a code issued under this section and issue a revised code.
(9) A revised code may include provision for applying any of its revisions to section 117E agreements made before the revised code comes into effect.
(1) Before issuing a code under section 117F, the Authority must—
(a) prepare a draft of the proposed code under section 117F, and
(b) consult persons in accordance with subsections (2) and (3).
(2) The relevant persons are—
(a) the Secretary of State;
(b) the appropriate agency;
(c) the Council;
(d) any sewerage undertakers likely to be affected by the proposed code;
(e) any sewerage licensees likely to be affected by the proposed code;
(f) such other persons as the Authority thinks appropriate.
(3) The Authority must specify the period (“the consultation period”) within which a person may make representations about the proposed code.
(4) Before a code under section 117F prepared by the Authority is issued for the first time, the Secretary of State may direct the Authority—
(a) not to issue the code, or
(b) to issue the code with specified modifications.
(5) A direction under subsection (4) must be given within the period of 28 days beginning with the day after the end of the consultation period, and a code in relation to which a direction may be given may not be issued before that period of 28 days has expired.
(6) In this section “the appropriate agency” means—
(a) the Environment Agency, in relation to section 117E agreements made with sewerage undertakers whose areas are wholly in England;
(b) both the Environment Agency and the NRBW, in relation to section 117E agreements made with sewerage undertakers whose areas are partly in England and partly in Wales.
(7) This section is subject to section 117H.
117H Codes under section 117F: minor or urgent revisions
(1) This section applies if the Authority proposes to issue a revised code under section 117F and, in the view of the Authority, the revision or each of the revisions proposed to be made is—
(a) a revision for which consultation is unnecessary, or
(b) a revision that it is necessary or desirable to make without delay.
(2) Section 117G does not apply to the proposed revised code.
(3) Once the Authority has issued the revised code, it must give notice as soon as reasonably practicable of—
(a) the issuing of the revised code, and
(b) as regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).
(4) Notice under subsection (3) is to be given to such persons as the Authority considers appropriate.
(5) Unless the Authority gives notice that a revision in a revised code is in the view of the Authority a revision falling within subsection (1)(a), the revision ceases to have effect at the end of the period of six months beginning with the day after that on which the revised code is issued.
(1) The Authority must issue rules about charges that may be imposed by sewerage undertakers under a section 117E agreement.
(2) The rules may in particular make provision about—
(a) the types of charges that may be imposed;
(b) the amount or the maximum amount, or methods for determining the amount or maximum amount, of any type of charge;
(c) principles for determining what types of charges may or may not be imposed;
(d) principles for determining the amount of any charge that may be imposed;
(e) publication of the charges that may be imposed.
(3) The rules must include provision for and in connection with requiring a sewerage undertaker to impose on a sewerage licensee only such charges as would enable the licensee, where the services it provides to a person under its retail authorisation are services to which a section 142(2)(b) agreement would apply if the undertaker had continued to provide the services, to charge for those services at the same rate or rates as would have applied if the section 142(2)(b) agreement had applied.
(4) In subsection (3) “section 142(2)(b) agreement” means an agreement to which section 142(2)(b) applies.
(5) If the Authority considers that a sewerage undertaker is not acting as required by rules under this section, the Authority may—
(a) give the undertaker a direction to do, or not to do, a thing specified in the direction, or
(b) in a case where a section 117E agreement to which the undertaker is party requires modification in order to conform to the rules, give a direction to the undertaker and the sewerage licensee in question to modify the agreement.
(6) It is the duty of a sewerage undertaker or a sewerage licensee to comply with a direction under subsection (5), and this duty is enforceable by the Authority under section 18.
(7) The rules may—
(a) make different provision for different persons or descriptions of person;
(b) make different provision for different purposes;
(c) make provision subject to exceptions.
(8) The Authority may from time to time revise rules issued under this section and issue revised rules.
(9) The Authority must issue revised rules if—
(a) guidance is issued under section 117M, and
(b) the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.
(10) Revised rules may include provision for applying any of the revisions to section 117E agreements made before the revised rules come into effect.