(1) Subject to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—
(a) to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and
(b) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above, including for those purposes the following kinds of works, that is to say—
(i) breaking up or opening a street;
(ii) tunnelling or boring under a street;
(iii) breaking up or opening a sewer, drain or tunnel;
(iv) moving or removing earth and other materials;
and the provisions of section 158 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.
(2) Subject to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—
(a) to carry out on any land which is not in, under or over a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and
(b) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above;
and the provisions of section 159 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.
(3) Without prejudice to the powers conferred by subsections (1) and (2) above but subject to the provisions of Chapter III of this Part, every water undertaker shall have power, on any land which belongs to that undertaker or over or in which that undertaker has acquired the necessary easements or rights, to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose—
(a) of intercepting, treating or disposing of any foul water arising or flowing upon that land; or
(b) of otherwise preventing the pollution—
(i) of any waters, whether on the surface or underground, which belong to the Environment Agency or the NRBW or any water undertaker or from which the Environment Agency or the NRBW or any water undertaker is authorised to take water;
(ii) without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the Environment Agency or the NRBW or any water undertaker or which the Environment Agency or the NRBW or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or
(iii) of any underground strata from which the Environment Agency or the NRBW or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under Chapter II of Part II of the Water Resources Act 1991.
(4) Where any water undertaker is proposing to carry out any such works as are mentioned in subsection (3) above and the proposed works will affect any watercourse, the undertaker shall consult the Environment Agency , where the proposed works will affect any watercourse in England, and the NRBW, where the proposed works will affect any watercourse in Wales, before carrying out the works.
(5) Without prejudice to the protective provisions of Chapter III of this Part, nothing in subsection (3) above shall authorise any water undertaker, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.
(6) Any dispute as to whether any consent for the purposes of subsection (5) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(7) In section 158 above the references to the laying of a relevant pipe shall include references-
(a) to the laying of any drain or sewer for any of the purposes mentioned in subsection (3)(a) and (b) above; and
(b) to the construction of a watercourse for any of those purposes.
(8) In this section—
“the protective provisions of Chapter III of this Part” means the provisions of sections 183 to 191 below;
“relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; and
“waterworks” includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank.
(1) Subject to the following provisions of this section, to section 148 above and to the provisions of Chapter III of this Part, where—
(a) subsection (1A) below applies to a relevant undertaker in respect of any premises; and
(b) there is either—
(i) a service pipe which is connected with a water undertaker’s water main and by which a supply of water is or could be provided to those premises or to any building in which those premises are contained; or
(ii) a drain or private sewer which connects those premises with a public sewer,
the undertaker shall have power, in accordance with section 172 below or otherwise, to carry out any works specified in subsection (3) below.
(1A) This subsection applies to a relevant undertaker in respect of any premises if—
(a) the undertaker has fixed any charges in relation to any premises by reference to volume, or
(b) the undertaker is entitled so to fix any charges because the person who is the consumer in relation to the premises for the purposes of Chapter I of Part V of this Act has exercised his right to give—
(i) a measured charges notice under section 144A above, or
(ii) any consent for the purposes of section 144B(2)(a)(ii) above,
and has not revoked the measured charges notice or consent under section 144A, or
(c) the undertaker has given notice of its intention of so fixing any charges—
(i) within the period specified in the notice, or
(ii) in a case where it is not for the time being entitled so to fix the charges, if and when it becomes entitled to do so or
(d) a water supply licensee supplies water to those premises using the undertaker’s supply system, or
(e) a sewerage licensee provides sewerage services in respect of those premises using the undertaker's sewerage system.
(1B) In subsection (1A)(d) above, the reference to the supply system of a water undertaker shall be construed in accordance with section 17B above.
(1C) In subsection (1A)(e) above, the reference to the sewerage system of a sewerage undertaker shall be construed in accordance with section 17BA.
(2) The power under subsection (1) above to carry out works specified in subsection (3) below shall include power to carry out any such works in a street; and the power conferred by virtue of subsection (1)(c) of section 158 above and subsection (6) of that section shall apply in relation to the power conferred by this subsection as they apply in relation to the powers conferred by that section.
(3) The works mentioned in subsections (1) and (2) above are, in relation to any premises—
(a) works consisting in the installation and connection of any meter for use in determining the amount of any charges which have been or may be fixed in relation to the premises;
(b) where the premises comprise a house which is one of two or more houses to which the supply of water is wholly or partly by the same service pipe, works consisting in the installation and connection, for any purpose connected with the installation or connection of such a meter, of a separate service pipe for that house;
(c) works for the purpose of maintaining, repairing, disconnecting or removing—
(i) any meter which has been installed for use in determining the amount of any charges which have been or may be fixed in relation to the premises; or
(ii) any pipes or apparatus installed in the course of any works specified in this section;
and
(d) any other works appearing to the undertaker to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c) above, including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.
(4) A notice given for the purposes of subsection (1)(a) above may relate to particular premises or to any description of premises and shall be given—
(a) by publishing the notice in the locality in which the premises to which it relates are situated in such a manner as the undertaker considers appropriate for bringing it to the attention of the persons likely to be affected by it; and
(b) by serving a copy of the notice on the Secretary of State.
(5) Subject to subsection (6) below, any works carried out by a water undertaker by virtue of the provisions of this section shall be necessary works for the purposes of Chapter II of Part III of this Act.
(6) Nothing in this section shall prevent the exercise by a water undertaker of its power by virtue of subsection (3)(b) of section 64 above to impose a condition by virtue of subsection (2)(c) or (d) of section 47 above in a case where it has, under the said section 64, required the provision of a separate service pipe to any premises.
(7) Part II of Schedule 6 to this Act shall apply to the powers conferred by this section.
(8) Any dispute between a relevant undertaker and any other person (including another such undertaker) as to the exercise of any power under this section to carry out any works on any premises shall be referred to the arbitration of a single arbitrator appointed—
(a) by agreement between the undertaker and that person; or
(b) in default of agreement, by the Authority.
(9) Without prejudice to subsection (2) above, nothing in section 158, 159 or 161 above shall authorise the installation of any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises where that apparatus is to be used for the purpose only of determining the amount of any charges fixed, or to be fixed, in relation to those premises wholly or partly by reference to the volume of that water or effluent.
(1) Subject to subsection (2) below and without prejudice to section 159 above, a water undertaker shall have power, at its own expense, to fit a stopcock to any service pipe by which a supply of water is or is to be provided to any premises by the undertaker or a water supply licensee, whether that pipe belongs to the undertaker or to any other person.
(2) A stopcock fitted in private premises by a water undertaker to any service pipe shall be situated as near as practicable to any street from which that pipe enters those premises.
164 Agreements for works with respect to water sources.
(1) A water undertaker may enter into agreements under this section with the owners and occupiers of any land, or with a local authority, with respect to the carrying out and maintenance by any party to the agreement of such works as the undertaker considers necessary—
(a) for the purpose of draining that land; or
(b) for more effectually collecting, conveying or preserving the purity of any water which the undertaker is for the time being authorised to take.
(2) Before entering into an agreement under this section with respect to the carrying out of works the carrying out of which would result in the discharge of any water into a watercourse otherwise than through public sewers, a water undertaker shall consult —
(a) the Environment Agency, if the proposed works will affect any watercourse in England,
(b) the NRBW, if the proposed works will affect any watercourse in Wales, and
(c) if the watercourse is subject to the jurisdiction of a navigation authority, that authority.
(3) An agreement under this section with the owner of any land which is expressed to be binding on and enforceable against the owner’s successors in title to that land—
(a) may be registered under section 2 of the Land Charges Act 1972 as an obligation affecting land falling within Class D; and
(b) shall be so binding and enforceable unless it is void by reason of a failure so to register it.
(4) In this section the reference to a local authority includes a reference to a county council and to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and any expenses incurred by the Common Council of the City of London in the exercise of their functions under this section shall be defrayed as part of their general expenses.
(1) Subject to the following provisions of this section and to section 166 below, where any water undertaker—
(a) is exercising or about to exercise any power conferred by section 158, 159, 161 or 163 above (other than the power conferred by section 161(3) above); or
(b) is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole, or other work belonging to or used by that undertaker for the purposes of, or in connection with, the carrying out of any of its functions,
the undertaker may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.
(2) Nothing in this section shall authorise any discharge which—
(a) damages or injuriously affects the works or property of any railway undertakers or navigation authority; or
(b) floods or damages any highway.
(3) If any water undertaker fails to take all necessary steps to secure that any water discharged by it under this section is as free as may be reasonably practicable from—
(a) mud and silt;
(b) solid, polluting, offensive or injurious substances; and
(c) any substances prejudicial to fish or spawn, or to spawning beds or food of fish,
the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) In this section “relevant pipe” means any water main (including a trunk main), resource main, discharge pipe or service pipe.
166 Consents for certain discharges under section 165.
(1) Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under section 165 above except with the consent of the appropriate agency and of any navigation authority which carries out functions in relation to—
(a) the part of the watercourse where the discharge is made; or
(b) any part of that watercourse which is less than three miles downstream from the place of the discharge.
(2) Where a water undertaker makes an application to any authority for a consent for the purposes of this section—
(a) that application shall be accompanied or supplemented by all such information as that authority may reasonably require; and
(b) the undertaker shall serve a copy of the application, and of any consent given on that application, on every person who—
(i) is registered with the undertaker in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and
(ii) has not agreed in writing that he need not be served with such a copy;
but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application.
(3) Subject to subsection (4) below, an application for a consent for the purposes of this section shall be determined—
(a) in the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; and
(b) in any other case, before the end of the period of three months beginning with that day;
and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.
(4) Where—
(a) an undertaker which has made an application to any authority for a consent for the purposes of this section has failed to comply with its obligation under subsection (2)(a) above to supplement that application with information required by that authority; and
(b) that requirement was made by that authority at such a time before the end of the period within which that authority is required to determine the application as gave the undertaker a reasonable opportunity to provide the required information within that period,
that authority may delay his determination of the application until a reasonable time after the required information is provided.
(5) A consent for the purposes of this section may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.
(6) Any dispute as to whether a consent for the purposes of this section should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(7) Where any discharge under section 165 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this section, the undertaker which made the discharge shall, as soon as practicable after making the discharge, serve a notice which—
(a) states that the discharge has been made; and
(b) gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,
on every person on whom that undertaker would have been required to serve the application for that consent or any copy of that application.
(8) If any water undertaker contravenes, without reasonable excuse, any of the requirements of this section or any condition of a consent given for the purposes of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(9) Nothing in this section shall require any consent to be obtained, or any notice to be served, in respect of any discharge if the requirements of section 34 of the Water Act 1945 (temporary discharges into watercourses) in relation to that discharge had been satisfied before 1st September 1989.
(10) In this section “the appropriate agency” means—
(a) the Environment Agency, in relation to discharges of water in England;
(b) the NRBW, in relation to discharges of water in Wales.
(1) Where a water undertaker ... is proposing, for the purposes of, or in connection with, the carrying out of any of its functions ... —
(a) to carry out any engineering or building operations; or
(b) to discharge water into any inland waters or underground strata,
the undertaker may apply to the Secretary of State for an order under this section (“a compulsory works order”).
(2) Subject to the following provisions of this section, the Secretary of State may, on an application under subsection (1) above, by order made by statutory instrument—
(a) confer such compulsory powers; and
(b) grant such authority,
as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.
(2A) The Secretary of State may not exercise the power under subsection (2) in respect of anything to be done in England.
(3) Schedule 11 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.
(4) Subject to the provisions of Schedule 11 to this Act, a compulsory works order may—
(a) without prejudice to section 155 above, confer power to acquire compulsorily any land, including—
(i) power to acquire interests in and rights over land by the creation of new rights and interests; and
(ii) power, by the compulsory acquisition by any water undertaker of any rights over land which is to be or has been acquired by that undertaker, to extinguish any such rights;
(b) apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part of this Act which do not apply for those purposes apart from by virtue of this paragraph;
(c) make any authority granted by the order subject to such conditions as may be specified in the order;
(d) amend or repeal any local statutory provision;
(e) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(5) Without prejudice to any duty imposed by virtue of section 191 below, where—
(a) the Secretary of State makes a compulsory works order authorising a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on such an undertaker; and
(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,
he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.
(6) Nothing in any compulsory works order shall exempt any water undertaker from any restriction imposed by Chapter II of Part II of the Water Resources Act 1991 (abstraction and impounding of water).
(7) It is hereby declared that a compulsory works order may grant authority for discharges of water by a water undertaker where the undertaker has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.
(8) In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 172 and 173, the provisions of Chapter II and any provision of this Part which is one of the relevant sewerage provisions.
(1) Any person designated in writing for the purpose by a relevant undertaker may enter any premises for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether it is appropriate and practicable for the undertaker to exercise any relevant works power; or
(ii) how any such power should be exercised;
or
(b) the exercise of any such power.
(3) The power, by virtue of subsection (1) above, of a person designated by a relevant undertaker to enter any premises for the purposes of carrying out any survey or tests shall include power—
(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and
(b) to take away and analyse such samples of water or effluent or of any land or articles as the undertaker—
(i) considers necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above; and
(ii) has authorised that person to take away and analyse.
(4) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by this section.
(5) In this section “relevant works power” means any power conferred by any of the provisions of sections 158, 159, 161, 163 and 165 above, other than section 161(3).
169 Power to carry out surveys and to search for water.
(1) Without prejudice to the rights and powers conferred by section 168 above, any person designated in writing under this section by a water undertaker may enter any premises for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) whether it would be appropriate for the undertaker to apply for a compulsory works order under section 167 above and what compulsory powers it would be appropriate to apply for under that section.
(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—
(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;
(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and
(c) to take away and analyse such samples of water or of any land or articles as the undertaker considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.
(4) The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of a water undertaker in any case for purposes connected with the determination of—
(a) whether, where or how a reservoir should be constructed; or
(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,
unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.
(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—
(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and
(b) he has considered any representations or objections with respect to the proposed exercise of the powers under this section which—
(i) have been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; and
(ii) have not been withdrawn.
(6) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by this section.
(1) Any person designated in writing for the purpose by a water undertaker may enter any premises for any of the following purposes, that is to say—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether it is appropriate and practicable for the undertaker to exercise any power under any provision of Part III of this Act to disconnect any pipe or cut off any supply of water to any premises or to carry out any works which it is authorised to carry out under section 64(4), 66(3) or 75 above; or
(ii) how any such power should be exercised;
(b) the exercise of any such power;
(c) the monitoring and recording of—
(i) whether water supplied to any premises for domestic or food production purposes is wholesome at the time of supply; or
(ii) the quality of the water from any source, or combination of sources, which is or is to be used for supplying water to any premises for those purposes,
and the carrying out of any tests for that purpose.
(2) Any person designated for the purpose—
(a) by any water undertaker within whose area any waterworks are situated; or
(b) by any water undertaker which takes water from any waterworks,
shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is, or has been, any contravention of section 72 above in relation to those waterworks.
(3) Any person designated in writing for the purpose by a water undertaker may—
(a) enter any premises for the purpose of—
(i) ascertaining whether any provision contained in or made or having effect under this Act with respect to any water fittings or with respect to the waste or misuse of water is being, or has been, contravened;
(ii) determining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under section 74 above should be exercised or performed; or
(iii) exercising any such power or performing any such duty;
or
(b) carry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under that section.
(4) During any period when a prohibition or restriction under section 76 above is in force, any person designated for the purpose by the water undertaker which imposed the prohibition or restriction shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises to which the prohibition or restriction applies for the purpose of ascertaining whether there is, or has been, any contravention of the prohibition or restriction.
(5) The power by virtue of subsection (1) above of a person designated by a water undertaker to enter any premises for the purpose of carrying out any survey or tests shall include power to take away such samples of water or effluent or of any land or articles as the undertaker—
(a) considers necessary for the purpose of determining any of the matters mentioned in paragraph (a) or (c) of that subsection; and
(b) has authorised that person to carry out or take away.
(6) Expressions used in this section and in any provision of Part III of this Act in relation to which this section has effect shall have the same meaning in this section as in that provision; and, without prejudice to the generality of this provision, subsections (2) and (3) of section 68 above and the definitions of “food production purposes” and “wholesome” in section 93(1) above shall apply for the purposes of any power conferred by virtue of subsection (1)(c)(i) above as they apply for the purposes of that section.
(7) Part I of Schedule 6 to this Act shall apply to the rights of entry conferred by subsections (2) and (4) of this section; and Part II of that Schedule shall apply to the rights and powers conferred by the other provisions of this section.
(8) The provisions of this section shall be without prejudice to the other rights and powers conferred by this Part.
(1) Any person designated in writing for the purpose by a sewerage undertaker shall, on producing any duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours-
(a) for the purpose of ascertaining whether there is or has been, on or in connection with the premises, any contravention of any of the relevant sewerage provisions which it is the function of the undertaker to enforce;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the undertaker to take any action or carry out any works under any of the relevant sewerage provisions;
(c) for the purpose of taking action or carrying out any works authorised by or under any of the relevant sewerage provisions to be taken or carried out by the undertaker;
(d) generally for the purpose of carrying out the undertaker’s functions under the relevant sewerage provisions.
(2) Part I of Schedule 6 to this Act shall apply to the right of entry conferred by subsection (1) above.
(3) Any person designated by a sewerage undertaker under subsection (1) above for the purpose of exercising any power under this section for the purposes of Chapter III of Part IV of this Act may, on any occasion on which he so exercises that power in relation to any premises, obtain and take away any sample of any trade effluent which is passing (either directly or through a drain or private sewer) from those premises into any of the undertaker’s public sewers.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this section “trade effluent” and “trade premises” have the same meanings as in Chapter III of Part IV of this Act; and, accordingly, section 139 above shall have effect for the purposes of this section as it has effect for the purposes of that Chapter.
(1) Where the conditions set out in section 162(1) above are satisfied in relation to any premises, any person designated in writing for the purpose by the relevant undertaker in question may enter those premises, or any land occupied with those premises, for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (3) of section 162 above is practicable;
(ii) whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out; or
(iii) how any works specified in that subsection should be carried out;
(b) the carrying out of any works so specified;
(c) the inspection, examination or testing of any meter which is on those premises or of any pipes or apparatus installed in the course of any works which were carried out for any purpose that is connected with the installation, connection, testing, maintenance or repair of any such meter;
(d) the ascertainment from any meter of the volume of water supplied to, or of effluent discharged from, those premises.
(3) Part II of Schedule 6 to this Act shall apply in relation to the rights and powers conferred by the preceding provisions of this section.
(4) Where any meter or other recording apparatus is provided in any premises in pursuance of Chapter III of Part IV of this Act for the purpose of assessing any charge, a sewerage undertaker may (instead of exercising its powers under this section) for the purpose of reading that meter or apparatus exercise the power conferred by section 171 above as if that purpose were included in the purposes mentioned in subsection (1) of that section.
(1) A person who, without having been designated or authorised for the purpose by a relevant undertaker, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist or would not be exercisable even if that person had been designated or authorised by a relevant undertaker.
Subject to subsection (2) below, if any person without the consent of the water undertaker—
(1) (a) intentionally or recklessly interferes with any resource main, water main or other pipe vested in any water undertaker or with any structure, installation or apparatus belonging to any water undertaker; or
(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,
that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1A) Subject to subsection (2) below, if any person without the consent of the water supply licensee—
(a) intentionally or recklessly interferes with any pipe or any structure, installation or apparatus which—
(i) is vested in any water supply licensee (in the case of a pipe) or belongs to any such licensee (in any other case); and
(ii) is used in connection with the carrying on by the licensee of the activities authorised by the licensee's licence; or
(b) by any act or omission negligently interferes with any such pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,
that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2) A person shall not be guilty of an offence under subsection (1) or (1A) above—
(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or
(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker or water supply licensee if—
(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and
(ii) in the case of opening a stopcock, subsection (2A) below applies.
(2A) This subsection applies—
(a) in the case of a stopcock belonging to a water undertaker, if the stopcock was closed otherwise than by the undertaker;
(b) in the case of a stopcock belonging to a water supply licensee—
(i) if the stopcock was closed otherwise than by the licensee; or
(ii) if the stopcock was closed by the licensee and the person in question for the purposes of subsection (2) above is the water undertaker whose supply system is used for the purpose of the supply made by the licensee,
and in this subsection the reference to the supply system of a water undertaker shall be construed in accordance with section 17B above.
(3) Any person who, without the consent of the water undertaker—
(a) attaches any pipe or apparatus—
(i) to any resource main, water main or other pipe vested in a water undertaker; or
(ii) to any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;
(b) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or
(c) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(3A) Any person who, without the consent of the water supply licensee—
(a) attaches any pipe or apparatus to any pipe which is—
(i) vested in a water supply licensee; and
(ii) used in connection with the carrying on by the licensee of the activities authorised by the licensee's licence;
(b) attaches any pipe or apparatus to any service pipe which does not belong to such a licensee or a water undertaker but which is a pipe by means of which water is supplied by such a licensee to any premises;
(c) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or
(d) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above or paragraph (d) of subsection (3A) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in subsection (3) or (3A) above (as the case may require).
(5) If any person wilfully or negligently injures or suffers to be injured any water fitting belonging to a water undertaker, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
(5A) If any person wilfully or negligently injures or suffers to be injured any water fitting which—
(a) belongs to a water supply licensee; and
(b) is used in connection with the carrying on by the licensee of the activities authorised by the licensee's licence,
he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
(6) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the water undertaker in question; and any such breach of duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.
(7) The amount recoverable by virtue of subsection (6) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.
(8) A water undertaker may—
(a) do all such work as is necessary for repairing any injury done in contravention of subsection (5) above; and
(b) recover the expenses reasonably incurred by the undertaker in doing so from the offender summarily as a civil debt.
(8A) In this section “consumer”—
(a) in relation to a supply of water provided by a water undertaker to any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;
(b) in relation to a supply of water provided by a water supply licensee to any premises, means a person who is for the time being the person on whom liability to pay charges to the licensee in respect of that supply of water would fall.
(9) In this section “water fitting” has the same meaning as in Part III of this Act; and in subsection (1) above the references to apparatus belonging to a water undertaker do not include references to any meter which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have been fixed by the undertaker by reference to volume.
(1) If any person—
(a) so interferes with a meter used by any relevant undertaker , water supply licensee or sewerage licensee in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or
(b) carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,
he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2) A person shall not be guilty of an offence under this section in respect of anything done by him with the appropriate consent .
(3) In subsection (2) above, the “appropriate consent” means—
(a) if the meter is used by one relevant undertaker, the consent of that undertaker;
(b) if the meter is used by one water supply licensee, the consent of that licensee;
(ba) if the meter is used by one sewerage licensee, the consent of that licensee;
(c) if the meter is used by two or more of the following persons—
(i) a relevant undertaker;
(ii) a water supply licensee;
(iii) a sewerage licensee,
the consent of each of those persons.
(4) In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below.
(1) Where an application is made to any relevant undertaker for a consent for the purposes of section 175 above, the undertaker—
(a) shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and
(b) subject to subsection (2) below, may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision.
(2) On such an application a relevant undertaker shall not refuse its consent, or impose any such condition as is mentioned in subsection (1)(b) above, unless it is reasonable to do so.
(3) Where any relevant undertaker has given a notice to any person imposing any such condition as is mentioned in subsection (1)(b) above, the undertaker—
(a) shall carry out those works as soon as reasonably practicable after giving the notice; and
(b) may recover from that person any expenses reasonably incurred by it in doing so.
(4) Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a) as to whether the undertaker or that other person should bear any expenses under subsection (3) above; or
(b) as to the amount of any expenses to be borne by any person under that subsection,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority.
(5) Subsection (3) above shall not apply where the person who was given the notice notifies the undertaker that the carrying out of the works to which the condition relates is no longer required.
177 Financial obligations with respect to any interference with a meter.
(1) A relevant undertaker which carries out any works made necessary by the commission of an offence under section 175 above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.
(2) Any person who sustains any loss or damage in consequence of any failure by any relevant undertaker—
(a) to comply with any obligation imposed on it by section 176 above; or
(b) to exercise reasonable care in the performance of the duty imposed by subsection (3)(a) of that section,
shall be entitled to recover compensation from the undertaker.
(3) Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a) as to whether the undertaker or that other person should bear any expenses under this section;
(b) as to whether the undertaker should pay any compensation under this section; or
(c) as to the amount of any expenses to be borne by any person under this section or as to the amount of any such compensation,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority.
(1) A person who wilfully obstructs any person acting in the execution of any of the relevant sewerage provisions shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
(2) If on a complaint made by the owner of any premises, it appears to a magistrates’ court that the occupier of those premises is preventing the owner of those premises from carrying out any work which he is required to carry out by or under any of the relevant sewerage provisions, the court may order the occupier to permit the carrying out of the work.
(3) Sections 300 to 302 of the Public Health Act 1936 (which relate to the determination of questions by courts of summary jurisdiction and to appeals against such determinations) shall apply for the purposes of and in relation to the determination under subsection (2) above of any matter by a magistrates’ court—
(a) as they apply for the purposes of or in relation to a determination by such a court under that Act; and
(b) in the case of section 302, as if the reference to a decision of a local authority included a reference to a decision of a sewerage undertaker.
(1) Subject to subsections (1A) and (3) below—
(a) every relevant pipe which has been laid, in exercise of any power conferred by this Part or otherwise, by a relevant undertaker; and
(b) every sewage disposal works constructed by a sewerage undertaker,
shall vest in the undertaker which laid it or, as the case may be, the undertaker which constructed them.
(1A) Subsection (1) above is subject to any provision to the contrary contained in an agreement between the relevant undertaker and the person in whom an interest in the pipe or works is or is to be vested; ...
(2) In addition to the sewers and works which vest in a sewerage undertaker by virtue of subsection (1) above, the following shall also vest in such an undertaker, that is to say—
(a) every sewer , lateral drain or sewage disposal works with respect to which a declaration of vesting made by that undertaker under Chapter II of Part IV of this Act takes effect; and
(b) every sewer which is laid in the area of that undertaker under Part XI of the Highways Act 1980 (making up private streets) and is not a sewer belonging to a road maintained by a highway authority.
(2A) In addition to the water mains and service pipes which vest in a water undertaker by virtue of subsection (1) above, every water main and so much of each service pipe with respect to which a declaration of vesting made by a water undertaker under Chapter 2 of Part 3 of this Act takes effect shall also vest in that undertaker.
(3) Subsection (1) above shall not apply to a service pipe laid in a street other than the street in which the water main with which it connects is situated and shall not apply to a service pipe laid otherwise than in a street where that pipe is laid—
(a) in pursuance of the duty imposed by virtue of section 46(4) above; or
(b) in substitution for a service pipe belonging to a person other than the person who lays the replacement pipe.
(4) If any water fittings let for hire by a water undertaker are suitably marked, they—
(a) shall continue to be the property of and removable by the undertaker, even if they are fixed to some part of the premises in which they are situated or are laid in the soil under any premises; and
(b) shall not be subject to distress ... or be liable to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or to be taken in execution under any process of any court or in any proceedings in bankruptcy against a person in whose possession they are;
but nothing in this subsection shall affect the valuation for rating of any rateable hereditament.
(5) It is hereby declared that anything which, in pursuance of any arrangements under section 97 above, is done on behalf of a sewerage undertaker by a relevant authority within the meaning of that section is, subject to any provision to the contrary contained in any such arrangements, to be treated for the purposes of this section as done by the undertaker.
(6) The preceding provisions of this section are without prejudice, in relation to any company appointed to be a relevant undertaker, to the vesting of anything in that company by virtue of any scheme under Schedule 2 to this Act or of the exercise by any relevant undertaker of any power to acquire property by agreement or compulsorily.
(7) In this section—
“relevant pipe”—
(a) in relation to a water undertaker, means any water main (including a trunk main), resource main, discharge pipe or service pipe; and
(b) in relation to a sewerage undertaker, means any sewer , lateral drain or disposal main;
and
“water fittings” has the same meaning as in Part III of this Act;
and water fittings let on hire by a water undertaker shall be treated as suitably marked for the purposes of this section if and only if they bear either such a distinguishing metal plate affixed to them or such a distinguishing brand or other mark conspicuously impressed or made on them as sufficiently indicates the undertaker as the actual owner of the fittings.
Schedule 12 to this Act shall have effect for making provision for imposing obligations for the purpose of minimising the damage caused in the exercise of certain powers conferred on undertakers and for imposing obligations as to the payment of compensation.
181 Complaints with respect to the exercise of works powers on private land.
(1) Subject to subsection (2) below, it shall be the duty of the Authority to investigate any complaint made or referred to it with respect to the exercise by a relevant undertaker of any powers conferred on that undertaker by or by virtue of section 159 or 161(2) above.
(2) The Authority shall not be required to investigate any such complaint as is mentioned in subsection (1) above if—
(a) the complaint appears to the Authority to be vexatious or frivolous;
(b) The Authority is not satisfied that the complaint has been brought by the complainant to the attention of the relevant undertaker in question and that that undertaker has been given a reasonable opportunity of investigating and dealing with it; or
(c) the complaint was first made to the Authority or the Council more than twelve months, or such longer period as the Authority may for special reasons allow, after the matters to which the complaint relates first came to the notice of the complainant.
(3) Where the Authority, in pursuance of its duty under this section, investigates a complaint with respect to the exercise of any powers by a relevant undertaker-
(a) it shall be the duty of that undertaker to provide the Authority with all such information and assistance as it may reasonably require for the purposes of its investigation; and
(b) it shall be the duty of the Authority, before giving any direction under subsection (4) below, to consider any representations made to it by the complainant or by that undertaker with respect to the subject-matter of the complaint.
(4) If on a complaint under subsection (1) above with respect to the exercise of any powers by a relevant undertaker, the Authority is satisfied that that undertaker—
(a) has failed adequately to consult the complainant, before and in the course of exercising those powers, about the manner in which they are exercised; or
(b) by acting unreasonably in the manner of its exercise of those powers, has caused the complainant to sustain loss or damage or to be subjected to inconvenience,
the Authority may direct the undertaker to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience.
(5) The Authority shall not under subsection (4) above direct a relevant undertaker to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to it appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.
(6) The duties of a relevant undertaker by virtue of subsection (3)(a) above shall be enforceable under section 18 above by the Authority.
(7) A person to whom any amount is required, in pursuance of a direction under subsection (4) above, to be paid by a relevant undertaker shall be entitled to recover that amount from that undertaker by virtue of this section.
(8) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (4) above.
182 Codes of practice with respect to work on private land.
(1) For the purposes of section 181 above it shall be the duty of every company holding an appointment under Chapter I of Part II of this Act as a relevant undertaker—
(a) as soon as reasonably practicable after its appointment takes effect, to submit to the Secretary of State for his approval a code of practice with respect to its exercise of any powers conferred by or by virtue of section 159 or 161(2) above; and
(b) if required to do so by the Secretary of State at any subsequent time, to submit proposed modifications of that code to the Secretary of State for his approval.
(2) The Secretary of State, if he considers it appropriate to do so for the purpose of promoting what appear to him to be desirable practices with respect to the exercise, by any company holding an appointment under Chapter I of Part II of this Act as a relevant undertaker, of any powers conferred by or by virtue of section 159 or 161(2) above, may at any time by order made by statutory instrument, in relation to that company—
(a) approve any code of practice with respect to the exercise of those powers which has been submitted to him (whether or not under subsection (1) above) by that company for his approval;
(b) approve any modifications of such a code which have been so submitted; or
(c) withdraw his approval for any such code or modification.
(3) A contravention of a code of practice as for the time being approved under this section in relation to a company shall not—
(a) affect the powers conferred on that company as a relevant undertaker by this Part;
(b) of itself entitle any person to be paid any amount under subsection (4) of section 181 above; or
(c) give rise to any criminal or civil liability;
but the Authority shall take into account whether there has been any such contravention in determining whether to give a direction under that subsection to that company and in determining the amount to which any such direction relates.
(4) The Secretary of State shall not make an order under subsection (2) above unless he has first consulted all such persons as he considers it appropriate to consult.
(5) The duties of a relevant undertaker under subsection (1) above shall be enforceable under section 18 above by the Secretary of State.
Schedule 13 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities by relevant undertakers.
184 Power of certain undertakers to alter public sewers etc.
(1) The Environment Agency or the NRBW or the Civil Aviation Authority or any internal drainage board, dock undertakers, railway undertakers , airport operator or licence holder may, after giving reasonable notice to the sewerage undertaker concerned, at their own expense and on substituting an equivalent, take up, divert or alter the level of any sewers, drains, culverts or other pipes which—
(a) are vested in the undertaker; and
(b) pass under or interfere with, or interfere with the alteration or improvement of, as the case may be—
(i) any watercourse or other works vested in or under the control of the Environment Agency or the NRBW or that internal drainage board;
(ii) any property of the Civil Aviation Authority;
(iii) any river, canal towing path or works forming part of the undertaking of those dock undertakers;
(iv) the railway of the railway undertakers; . . .
(v) the airport in question. ; or
(vi) any property of a licence holder which is used by the licence holder for the purpose of carrying out activities authorised by the licence.
(2) In subsection (1) above “an equivalent”, in relation to any sewers, drains, culverts or pipes means other sewers, drains, culverts or pipes which will be equally effectual and will entail no additional expense for the sewerage undertaker in question.
(3) Any difference of opinion which arises under this section between a sewerage undertaker and any person as to whether any sewers, drains, culverts or pipes substituted or proposed to be substituted for sewers, drains, culverts or pipes of that undertaker—
(a) are or will be equally effectual; or
(b) entail or will entail additional expense for the sewerage undertaker,
may, at the option of the party complaining, be referred to a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
(4) In this section—
“airport operator” means the person who is the airport operator for the purposes of Part V of the Airports Act 1986 in relation to an airport to which that Part of that Act applies; . . .
“dock undertakers” has the same meaning as in Chapter II of Part IV of this Act. ; and
“licence holder” means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and “licence” shall be construed accordingly.
(1) Where any relevant pipe or other apparatus is for the time being kept installed by a relevant undertaker on, under or over any land, any person with an interest in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe or apparatus on the ground that the alteration or removal of that pipe or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.
(2) Subject to subsections (3) and (4) below, where a notice is served on a relevant undertaker under subsection (1) above, it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.
(3) Nothing in this section shall require a relevant undertaker to alter or remove any pipe or apparatus which is kept installed in, under or over any street.
(4) A relevant undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under subsection (1) above that such security as charging rules allow and the undertaker requires has been provided for the discharge of any obligation of that person under subsection (5) below.
(5) Where a relevant undertaker carries out any works under this section by virtue of a notice having been served by any person under subsection (1) above, the person serving the notice is liable to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The duty of a relevant undertaker under this section shall be enforceable under section 18 above by the Authority.
(9) In this section—
“improvement”, in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water, or the provision of sewerage services, to any premises; and
“relevant pipe” has the same meaning as in section 158 above.
186 Protective provisions in respect of flood defence works and watercourses etc.
(1) Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—
(a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or
(b) with any such works used by any person for irrigating any land.
(2) Without prejudice to the construction of subsection (1) above for the purposes of its application in relation to the other provisions of this Act, that subsection shall have effect in its application in relation to the relevant sewerage provisions as if any use of or injury to any such works as are mentioned in paragraph (a) or (b) of that subsection were such an interference as is mentioned in that subsection.
(3) Nothing in the relevant sewerage provisions shall authorise a sewerage undertaker injuriously to affect—
(a) any reservoir, canal, watercourse, river or stream, or any feeder thereof; or
(b) the supply, quality or fall of water contained in, or in any feeder of, any reservoir, canal, watercourse, river or stream,
without the consent of any person who would, apart from this Act, have been entitled by law to prevent, or be relieved against, the injurious affection of, or of the supply, quality or fall of water contained in, that reservoir, canal, watercourse, river, stream or feeder.
(4) Nothing in the relevant sewerage provisions, except sections 113 and 116 above, shall be taken to affect any right of drainage acquired by any person by prescription or otherwise before 1st October 1937.
(5) Where a relevant undertaker proposes, otherwise than in exercise of any compulsory powers, to construct or alter any relevant inland waters in any internal drainage district or to construct or alter any works on or in any such inland waters, the undertaker shall consult the drainage board for that district before doing so.
(6) A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.
(7) Any dispute—
(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above;
(b) as to whether any consent for the purposes of this section is being unreasonably withheld;
(c) as to whether any condition subject to which any such consent has been given was reasonable; or
(d) as to whether the supply, quality or fall of water in any reservoir, canal, watercourse, river, stream or feeder is injuriously affected by the exercise of powers under the relevant sewerage provisions,
shall be referred (in the case of a dispute falling within paragraph (d) above, at the option of the party complaining) to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
(8) In this section “relevant inland waters” means any inland waters other than any which form part of a main river for the purposes of Part IV of the Water Resources Act 1991.
(9) The provisions of this section shall be without prejudice to the provisions of Schedule 13 to this Act.
(1) Nothing in any of the provisions of this Part relating to any relevant works power shall authorise any relevant undertaker to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State.
(2) An approval for the purposes of subsection (1) above shall be given to a relevant undertaker by the service on that undertaker of a notice containing the approval.
(3) In subsection (1) above the reference to a relevant works power is a reference to a power conferred by any of the relevant sewerage provisions or by any of sections 158, 159, 161, 163 and 165 above, except the power conferred by section 161(3).
Schedule 14 to this Act (which makes provision with respect to the acquisition of mineral rights by relevant undertakers and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).
189 Power to sell minerals deriving from sewerage works.
(1) A sewerage undertaker may sell any materials which—
(a) have been removed by that undertaker from any premises, including any street, when carrying out works under, or otherwise carrying into effect the provisions of, the relevant sewerage provisions; and
(b) are not before the end of three days from the date of their removal claimed by the owner and taken away by him.
(2) Where a sewerage undertaker sells any materials under this section, they shall pay the proceeds to the person to whom the materials belonged after deducting the amount of any expenses recoverable by the undertaker from him.
(3) This section is subject to any rights conferred by virtue of paragraph 1 of Schedule 14 to this Act, does not apply to refuse removed by a sewerage undertaker and is not to be taken as prejudicing the determination of the rights and liabilities of a relevant undertaker when exercising a power in any case to which the preceding provisions of this section do not apply.
Without prejudice to the operation of section 90 of the Town and Country Planning Act 1990 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act or the Water Act 1989 relates to the functions of a relevant undertaker, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of that Act of 1990) without the grant of such planning permission as may be required by that Act of 1990.
191 Duties to make recreational facilities available when building reservoirs in Wales.
(1) Where a water undertaker carries out any works for or in connection with the construction or operation of a reservoir in Wales which—
(a) permanently affect one or more communities; and
(b) are not primarily intended by that undertaker to benefit the inhabitants of that or those communities,
it shall be the duty of that undertaker to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.
(2) It shall be the duty of every water undertaker, in performing its duty under subsection (1) above, to consult—
(a) the community councils of the communities affected, in the case of communities having such councils; and
(b) in any case, the council of any county or county borough in which any community affected is situated.
(3) The duties of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State.
(1) In this Part “discharge pipe” means a pipe from which discharges are or are to be made under section 165 above.
(2) In this Part references to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe (within the meaning of section 158 above) as the pipe replaced.
(3) The powers conferred by this Part on a relevant undertaker shall be exercisable both inside and outside the undertaker’s area.
(3A) A relevant undertaker proposing to exercise any of its powers under section 158 or 159 above outside its own area shall, if subsection (3B) below applies, give notice of its proposal to the water undertaker or (as the case may be) sewerage undertaker for the area in question and, if that subsection applies, shall not carry out its proposal—
(a) without the consent of that other undertaker; or
(b) where that other undertaker refuses to give its consent, or fails to give its consent before the end of the period of 28 days beginning with the day on which it is notified of the proposal, without the consent of the Authority.
(3B) This subsection applies where the proposal is to lay—
(a) a water main which is not intended to be—
(i) a trunk main; or
(ii) a water main used solely for the purpose of supplying water otherwise than for domestic purposes; or
(b) a sewer which is intended to be a public sewer but not a storm-water overflow sewer.
(4) In so far as any powers conferred by this Part on a relevant undertaker authorise the removal of any pipe or the alteration of its size or course, those powers shall be subject to such obligations by virtue of which the undertaker is required—
(a) to maintain a pipe or a connection with it; or
(b) to alter a pipe only where certain conditions are satisfied,
as are imposed on the undertaker by or under any enactment.
(5) The powers conferred by virtue of this Part are without prejudice to any power conferred by virtue of any agreement and are cumulative.
(1) The Authority and the Council shall, before each financial year, each publish a document (the “forward work programme”) containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.
(2) That description must include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority or the Council expects to incur during the year in the exercise of its functions.
(3A) The forward work programme for any year must also include an explanation of how the projects described in it reflect any strategic priorities or objectives published under section 2A or 2B.
(4) Before publishing the forward work programme for any year, the Authority or the Council shall give notice—
(a) containing a draft of the forward work programme; and
(b) specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) The notice under subsection (4) above must be published by the Authority or the Council in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
(6) The Authority must send a copy of any notice given by it under subsection (4) above to the Council, the Secretary of State and the Assembly.
(7) The Council must send a copy of any notice given by it under subsection (4) above to the Authority, the Secretary of State and the Assembly.
(1) The Authority shall, as soon as practicable after the end of each financial year, make to the Secretary of State and the Welsh Ministers a report (the “annual report” for that year) on—
(a) its activities during that year; and
(b) the activities of the CMA during that year in respect of any references made by the Authority.
(2) The annual report for each year shall include—
(a) a general survey of developments in respect of matters falling within the scope of the Authority’s functions;
(b) a report on the progress of the projects described in the forward work programme for that year;
(c) a summary of final and provisional orders made and penalties imposed by the Authority during the year;
(d) a report on such matters relating to any relevant undertaker whose area is wholly or mainly in Wales as the Assembly may from time to time require; and
(e) a report on such other matters as the Secretary of State may from time to time require.
(3) The annual report for each year shall set out any general directions given by the Secretary of State under section 27(3) above.
(4) The Secretary of State or (as the case may be) the Assembly shall consult the Authority before exercising the power under subsection (2)(d) or (e) above in relation to any matter.
(5) The Secretary of State shall—
(a) lay a copy of each annual report before each House of Parliament; and
(b) arrange for the report to be published in such manner as he considers appropriate.
(5A) The Welsh Ministers shall—
(a) lay a copy of each annual report before the Assembly; and
(b) arrange for the report to be published in such manner as they consider appropriate.
(6) The Authority may also prepare other reports with respect to any matter falling within the scope of its functions and may arrange for any such report to be published in such manner as it considers appropriate.
(7) The Authority shall send a copy of each annual or other report under this section to ... the Council and the Chief Inspector of Drinking Water.
(8) In making or preparing any report under this section the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
(1) The Authority shall, at such premises and in such form as it may determine, maintain a register ...
(2) Subject to any direction given under subsection (3) below, the Authority shall cause to be entered in the register the provisions of—
(a) every appointment under Chapter I of Part II of this Act, every termination or transfer of any such appointment, every variation of the area for which any company holds any such appointment and every modification of the conditions of any such appointment;
(aa) every licence under Chapter 1A of Part 2 of this Act, every variation or revocation of any such licence and every modification of the conditions of any such licence;
(b) every direction, consent or determination given or made under any such appointment by the Secretary of State, the CMA or the Authority itself;
(bb) every direction, consent or determination given or made under any such licence by the Secretary of State, the Authority, the Assembly , the Environment Agency or the NRBW ;
(bc) every determination made by the Authority under section 17E or 66CA(1) above or regulation 19 of the Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744);
(c) every final enforcement order made under section 18 above, every provisional enforcement order made or confirmed under that section and every revocation of such a final or provisional enforcement order;
(d) every undertaking given to and accepted by the Secretary of State or the Authority for the purposes of subsection (1)(b) of section 19 above and every notice under subsection (3) of that section;. . .
(e) every special administration order and every discharge of such an order.
(f) every penalty imposed under section 22A(1) or (2) above and every notice under section 22A(6) above;and
(g) every designation made by the Authority under section 66G , 66H, 117N or 117O.
(3) If it appears to the Secretary of State that the entry of any provision or, in the case of information that falls to be entered under subsection (3B), any information in the register would be against the public interest, he may direct the Authority not to enter that provision or that information in the register; and the Authority shall comply with any such direction.
(3AA) Before giving a direction under subsection (3) above which relates to a water supply licensee, the Secretary of State shall consult the Assembly.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3B) Subject to any direction given under subsection (3), the Authority must cause to be entered on the register such information about an agreement falling within section 142(2)(b) as the Authority thinks fit.
(3C) Subsection (3B) has effect in relation to agreements made after the coming into force of section 33 of the Water Act 2014.
(4) The Authority must publish a notice setting out—
(a) the times at which the contents of the register are for the time being available for inspection by the public;
(b) the fees that must be paid for, or in connection with, an inspection of the contents of the register;
(c) the fees that must be paid for, or in connection with, the supply by the Authority of—
(i) a copy of the contents of the register, certified by the Authority as being a true copy, or
(ii) an extract from the contents of the register, certified by the Authority as being a true extract.
(3D) Subject to any direction given under subsection (3), the Authority must cause to be entered on the register the provisions of—
(a) a notice under section 40F(3) (reduction in charges payable under a bulk supply agreement);
(b) a notice under section 66EA(3) (reduction in charges payable under a section 66D agreement);
(c) a notice under section 110G(3) (reduction in charges payable under a main connection agreement);
(d) a notice under section 117J(3) (reduction in charges payable under a section 117E agreement).
(4A) The Authority must publish the notice in such manner as the Authority thinks appropriate for bringing it to the attention of the persons who, in the Authority's opinion, are likely to be affected by it.
(4B) The Authority must make the contents of the register available for inspection by the public—
(a) during such hours, and
(b) on payment of such fees,
as are set out in the notice under subsection (4) that is for the time being in force.
(7) Any sums received by the Authority under this section shall be paid into the Consolidated Fund.
(1) This section applies to the following decisions of the Authority, the Secretary of State or the Assembly, namely—
(a) the modification of the conditions of an appointment under Chapter 1 of Part 2 of this Act or the variation of the area to which an appointment relates;
(b) the modification of the conditions of a licence under Chapter 1A of that Part;
(c) the termination of such an appointment or the revocation of such a licence;
(d) the giving of any directions or consent in pursuance of a condition included in such an appointment by virtue of section 12(1) above or in such a licence by virtue of section 17G(3)(a) or (b) above;
(e) the determination of a question referred in pursuance of a condition included in such an appointment by virtue of section 12(2) above or in such a licence by virtue of section 17G(3)(c) above;
(f) the making of a determination under section 17E or 66CA(1) above; and
(g) the making of a final enforcement order, the making or confirmation of a provisional enforcement order or the revocation of a final order or of a provisional order which has been confirmed.
(2) As soon as reasonably practicable after making such a decision the Authority, the Secretary of State or the Assembly shall publish a notice stating the reasons for the decision in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.
(3) A person publishing a notice under subsection (2) above shall serve a copy on the company holding the appointment or the person holding the licence to which the decision relates.
(4) A person preparing a notice under subsection (2) above shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.
(5) This section does not apply in relation to a decision of the Authority resulting in any provision which the Authority was directed under section 195(3) above not to enter in the register required to be kept under that section.
(1) It shall be the duty of every sewerage undertaker to secure that copies of—
(a) every consent given or having effect as if given by the undertaker under Chapter III of Part IV of this Act;
(b) every direction given or having effect as if given by the undertaker under that Chapter;
(c) every agreement entered into or having effect as if entered into by the undertaker under section 129 above; and
(e) every notice served on the undertaker under section 132 above,
are kept available, at all reasonable times, for inspection by the public free of charge at the offices of the undertaker.
(2) It shall be the duty of every sewerage undertaker, on the payment of such sum as may be reasonable, to furnish a person who requests it with a copy of, or of an extract from, anything kept available for inspection under this section.
(3) The duties of a sewerage undertaker under this section shall be enforceable under section 18 above by the Authority.
197 Register for the purposes of works discharges.
(1) Every water undertaker shall keep a register of persons and premises for the purposes of section 166 above.
(2) A water undertaker shall enter the name and address of a person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—
(a) the owner or occupier of those premises; or
(b) an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.
(3) If any water undertaker contravenes, without reasonable excuse, any of the requirements of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.