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to affect the description of matter discharged to | |
treatment or any other process, for minimising— | |
(i) the polluting effects of the discharge on any | |
controlled waters; and | |
(ii) the impact of the discharge on sewerage | 5 |
services;”, | |
(b) after subsection (2) there is inserted— | |
“(3) In this section “controlled waters” has the meaning given by | |
section 104 of the Water Resources Act 1991.” | |
(2) In section 121 of the WIA (conditions of consent)— | 10 |
(a) after paragraph (b) of subsection (1) there is inserted— | |
“(ba) the steps to be taken, in relation to the discharge or by | |
way of subjecting any substance likely to affect the | |
description of the matter discharged to treatment or any | |
other process, for minimising— | 15 |
(i) the polluting effects of the discharge on any | |
controlled waters; and | |
(ii) the impact of the discharge on sewerage | |
services;”, | |
(b) after subsection (7) there is inserted— | 20 |
“(8) In this section “controlled waters” has the meaning given by | |
section 104 of the Water Resources Act 1991.” | |
Water mains, etc | |
92 Water main requisitions: financial conditions | |
(1) Section 42 of the WIA (financial conditions of compliance with water main | 25 |
requisition) is amended as follows. | |
(2) In subsection (2), for paragraph (a) there is substituted— | |
“(a) bind the person or persons mentioned in that subsection to pay | |
to the undertaker either (at the election of such person or | |
persons)— | 30 |
(i) in respect of each of the twelve years following the | |
provision of the main, an amount not exceeding the | |
relevant deficit (if any) for that year on that main; or | |
(ii) following provision of the main, a single amount not | |
exceeding the discounted aggregate deficit on that main; | 35 |
and”. | |
(3) In subsection (6), for the words from “shall be referred” to the end there is | |
substituted “may be referred to the Authority for determination under section | |
30A above by either party to the dispute.”. | |
(4) For subsection (7) there is substituted— | 40 |
“(7) In this section “relevant deficit” and “discounted aggregate deficit” | |
have the meanings given by sections 43 and 43A below, respectively.” | |
(5) The amendments made by subsections (2) to (4) of this section do not apply in | |
respect of water main requisitions (as defined in section 43(9) of the WIA) for | |
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which notice has been served under section 41(1) of that Act before the | |
commencement of the subsection in question. | |
93 Water main requisitions: calculation of payments | |
(1) In section 43 of the WIA (calculation of “relevant deficit” for the purposes of | |
section 42)— | 5 |
(a) in paragraph (b) of subsection (4), after “providing” there is inserted “or | |
procuring the provision of”, | |
(b) for subsection (5) there is substituted— | |
“(5) In subsection (4) above the reference to an earlier main, in | |
relation to the new main, is a reference to any water main | 10 |
which— | |
(a) has been provided in pursuance of a water main | |
requisition; or | |
(b) has been vested (by virtue of a declaration made under | |
this Chapter) in the water undertaker, | 15 |
in the period of twelve years immediately before the provision | |
of the new main.”, | |
(c) in subsection (8), in paragraph (b), for “that has already been provided” | |
there is substituted “in respect of which the conditions referred to in | |
section 42(1) above have already been satisfied.” | 20 |
(2) After section 43 of the WIA there is inserted— | |
“43A Calculation of “discounted aggregate deficit” for the purposes of | |
section 42 | |
(1) For the purposes of section 42 above the discounted aggregate deficit | |
on a water main is the amount equal to the sum of the estimated | 25 |
relevant deficits for each of the twelve years following the provision of | |
the main, in each case discounted in accordance with subsection (6) | |
below. | |
(2) The estimated relevant deficit for any year is the amount (if any) by | |
which the estimated revenue in respect of the water main for that year | 30 |
would be exceeded by the annual borrowing costs of a loan of the | |
amount required for the provision of that main. | |
(3) Subsections (2) to (6), (8) and (9) of section 43 above (which relate to the | |
annual borrowing costs of a loan of the amount required for the | |
provision of a water main) shall apply for the purposes of this section | 35 |
as they apply for the purposes of that. | |
(4) Any reference in this section to the estimated revenue in respect of a | |
water main for any year— | |
(a) in relation to premises expected to be connected with the main | |
and supplied with water by a water undertaker, is a reference to | 40 |
so much of the aggregate of any charges expected to be payable | |
to the undertaker for the provision of services in the course of | |
that year as would represent charges— | |
(i) imposed by the undertaker in relation to those premises, | |
and | 45 |
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(ii) reasonably attributable to the provision of a supply of | |
water (whether or not for domestic purposes) to those | |
premises by means of that main; and | |
(b) in relation to premises expected to be connected with the main | |
and supplied with water by a licensed water supplier, is a | 5 |
reference to so much of the aggregate of any charges expected | |
to be made during the course of that year as would be— | |
(i) payable by the supplier to the undertaker in respect of | |
the duty under section 66A(2)(b), 66B(3)(b) or | |
66C(2)(b)(ii) below; and | 10 |
(ii) reasonably attributable to the use of that main for the | |
purpose of the supplier’s supplying water to those | |
premises. | |
(5) For the purpose of calculating estimated revenue under subsection (4) | |
above, a thing is expected to be the case if, at the time the calculation is | 15 |
made, it is reasonably likely to occur. | |
(6) The estimated relevant deficit for a year mentioned in subsection (1) | |
above shall be discounted in order to determine its net present value by | |
applying such factor, and in accordance with such other provision, as | |
may be determined by the Authority. | 20 |
(7) A determination made by the Authority for the purposes of subsection | |
(6) above— | |
(a) may be made in relation to the provision of a particular water | |
main or in relation to the provision of water mains generally; | |
and | 25 |
(b) may be revoked at any time except in relation to a water main | |
in respect of which the conditions referred to in section 42(1) | |
above have already been satisfied.” | |
(3) Section 44 of the WIA (determination of completion date and route for | |
requisitioned main) is amended as follows— | 30 |
(a) in subsection (1), for paragraph (b) there is substituted— | |
“(b) the water undertaker has not, before the end of that | |
period, so laid the water main to be provided as to | |
enable (as the case may be)— | |
(i) service pipes to premises in that locality; or | 35 |
(ii) a water main which is the subject of an | |
agreement under section 51A below (“the self- | |
laid main”), | |
to connect with the main at the place or places | |
determined under subsection (3) below.”, | 40 |
(b) in paragraph (b) of subsection (2), for “an arbitrator” there is | |
substituted “the Authority”, | |
(c) in paragraph (b) of subsection (3)— | |
(i) for “an arbitrator” there is substituted “the Authority”, | |
(ii) after “in question” there is inserted “, or (as the case may be) the | 45 |
self-laid main,”, | |
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(d) for subsection (4) there is substituted— | |
“(4) A reference for the purposes of subsection (2) or (3) above may | |
be made to the Authority for determination under section 30A | |
above by either party to the dispute.”, | |
(e) in subsection (5)— | 5 |
(i) the words “for any locality” are omitted, | |
(ii) for paragraph (b) there is substituted— | |
“(b) the day on which the place or places where (as | |
the case may be)— | |
(i) service pipes to premises in the locality in | 10 |
question; or | |
(ii) the self-laid main, | |
will connect with the main are determined under | |
subsection (3) above.” | |
(4) The amendments made by subsections (1) to (3) of this section do not apply in | 15 |
respect of water main requisitions (as defined in section 43(9) of the WIA) for | |
which notice has been served under section 41(1) of that Act before | |
commencement of the subsection in question. | |
94 Self-lay and adoption of water mains and service pipes | |
(1) After section 51 of the WIA there is inserted— | 20 |
“Adoption of water mains and service pipes | |
51A Agreements to adopt water main or service pipe at future date | |
(1) Subject to subsections (2) and (10) below, a water undertaker may agree | |
with any person constructing or proposing to construct— | |
(a) any water main; or | 25 |
(b) any service pipe, | |
that, if the water main or service pipe is constructed in accordance with | |
the terms of the agreement, the undertaker will, upon completion of the | |
work, at some specified date or on the happening of some future event, | |
declare the water main or (as the case may be) so much of the service | 30 |
pipe as the undertaker could otherwise, by virtue of sections 45 to 51 | |
above, be required to lay, to be vested in that undertaker. | |
(2) Subsection (1) above shall not apply in the case of water mains or | |
service pipes which are to be used (in whole or in part) for the purpose | |
of supplying water other than for domestic purposes, but— | 35 |
(a) nothing in this section shall prevent a water undertaker from | |
agreeing apart from this section to declare any such water main | |
or service pipe (or a part of it, as specified in the agreement) to | |
be vested in the undertaker; and | |
(b) such a declaration shall take effect as a declaration made under | 40 |
this Chapter. | |
(3) A person constructing or proposing to construct a water main or a | |
service pipe to which subsection (1) above applies may make an | |
application in writing to a water undertaker requesting the undertaker | |
to make an agreement under this section. | 45 |
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(4) An application under subsection (3) above shall be accompanied and | |
supplemented by all such information as the undertaker may | |
reasonably require; but subject to subsection (5) 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 | 5 |
to provide information in pursuance of the obligation to supplement | |
such an application shall not invalidate the application. | |
(5) Where— | |
(a) a person who has made an application to a water undertaker | |
under subsection (3) above has failed to comply with his | 10 |
obligation under this section to supplement that application | |
with information required by the undertaker; and | |
(b) that requirement was made by the undertaker at such a time | |
before the end of the period within which the undertaker is | |
required, by virtue of section 51B below, to respond to the | 15 |
application as gave that person a reasonable opportunity to | |
provide the required information within that period, | |
the undertaker may delay its response to the application until a | |
reasonable time after the required information is provided. | |
(6) In deciding whether or on what terms to grant an application under | 20 |
subsection (3) above, a water undertaker shall have regard in particular | |
to any effect or potential effect on the quality of water supplies and to | |
any increased danger to life or health which it considers may result. | |
(7) The terms of an agreement under subsection (1) above relating to a | |
water main may, in particular, include terms— | 25 |
(a) for the provision (at the expense of the person constructing or | |
proposing to construct the water main) by— | |
(i) that person; or | |
(ii) the water undertaker, | |
of such associated infrastructure at or downstream of the point | 30 |
of connection with the undertaker’s supply system as it is | |
necessary to provide in consequence of incorporating the new | |
water main into that system; | |
(b) providing that, if the water main and the associated | |
infrastructure are constructed in accordance with the terms of | 35 |
the agreement, the undertaker will, in addition to declaring the | |
water main to be vested in it, declare the associated | |
infrastructure to be so vested; | |
(c) where the undertaker considers that the proposed main is, or is | |
likely to be, needed for the provision of water supply services in | 40 |
addition to those for which the person is proposing to construct | |
the main— | |
(i) requiring that person to construct the main in a manner | |
differing, as regards material or size of pipes, depth or | |
otherwise, from the manner in which that person | 45 |
proposes, or could otherwise be required by the | |
undertaker, to construct it; and | |
(ii) providing for the repayment by the undertaker of any | |
extra expense reasonably incurred by that person in | |
complying with that requirement; | 50 |
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(d) for the connection of the new water main to the undertaker’s | |
existing supply system at the point or points specified in the | |
agreement; | |
(e) for any service pipes which the person constructing or | |
proposing to construct the new water main proposes to connect | 5 |
to that main to be constructed in accordance with the terms of | |
the agreement and, subject to that, to be vested in the | |
undertaker at the same time as the main. | |
(8) The terms of an agreement under subsection (1) above relating to a | |
service pipe may, in particular, include terms— | 10 |
(a) for the connection of the new service pipe to the undertaker’s | |
existing supply system at the point or points specified in the | |
agreement; | |
(b) for such requirements of the kind referred to in section 47(2) | |
above as may be applicable to be complied with before | 15 |
connection takes place. | |
(9) An agreement made under this section by a water undertaker shall be | |
enforceable against the undertaker by the owner or occupier for the | |
time being of any premises connected or to be connected with the water | |
main or service pipe to which it relates. | 20 |
(10) A water undertaker shall not make an agreement under this section | |
with respect to a water main or a service pipe situated within the area | |
of another water undertaker, until either— | |
(a) that other undertaker has consented in writing to the making of | |
the agreement; or | 25 |
(b) the Secretary of State, on an application made to him, has | |
dispensed with the necessity for such consent, either | |
unconditionally or subject to such conditions as he may think fit | |
to impose. | |
51B Appeals with respect to adoption | 30 |
(1) Subject to section 51A(5) above, a person constructing or proposing to | |
construct a water main or service pipe may appeal to the Authority | |
where the water undertaker— | |
(a) has refused an application under section 51A above; | |
(b) has offered to grant such an application on terms to which that | 35 |
person objects; or | |
(c) has failed, before the end of two months from the making of | |
such an application, either to refuse the application or to give | |
notice to the applicant of the terms on which it is prepared to | |
grant the application. | 40 |
(2) On the hearing of an appeal under this section, the Authority may— | |
(a) uphold the refusal of the undertaker to grant the application or | |
to modify the terms offered; or | |
(b) on behalf of the undertaker, refuse the application or enter into | |
any agreement into which the undertaker might have entered | 45 |
on the application. | |
(3) Where the Authority makes an agreement under subsection (2)(b) | |
above on behalf of a water undertaker, it may do so on such terms as it | |
considers reasonable or, as the case may be, on the terms offered by the | |
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undertaker subject to such modifications as it considers appropriate for | |
ensuring that the terms of the agreement are reasonable. | |
(4) An agreement entered into on behalf of a water undertaker under | |
subsection (2)(b) above shall be deemed, for the purposes of this Act, to | |
have been entered into under section 51A above. | 5 |
(5) In deciding on an appeal under this section, the Authority may include | |
such incidental, supplemental and consequential provision (including | |
provision requiring either party to pay a sum in respect of the costs or | |
expenses incurred by the Authority) as it thinks fit, and any such | |
provision as to costs or expenses shall be enforceable as if it were a | 10 |
judgment of a county court. | |
51C Financial conditions of compliance | |
(1) This section applies where an agreement is or is to be entered into | |
under section 51A above in relation to a water main (“the adopted | |
main”) by, or on behalf of, a water undertaker and a person | 15 |
constructing or proposing to construct that water main. | |
(2) Where this section applies, the water undertaker may, as a condition of | |
the undertaker’s compliance with the agreement, require that person to | |
pay to it the costs mentioned in subsection (3) below. | |
(3) The costs are those reasonably incurred by the undertaker in | 20 |
connection with the adopted main equivalent to the costs referred to in | |
section 43(4)(a) and (b) above, as if references there (and in section | |
43(5)) to the provision of the new main were references to the | |
incorporation of the adopted main into the undertaker’s supply | |
system. | 25 |
(4) For the purposes of any payment required to be made by virtue of | |
subsection (2) above, the water undertaker may require the person to | |
provide such security as it may reasonably request, and the provisions | |
of subsections (4) and (5) of section 42 above shall apply to any security | |
so required as they apply to security required under that section. | 30 |
(5) Where this section applies, the water undertaker shall pay to the person | |
referred to in subsection (1) above, upon declaring the water main to be | |
vested in the undertaker, a sum equal to the discounted offset amount. | |
(6) For the purposes of subsection (5) above, the discounted offset amount | |
is the sum of the estimated offsets for each of the twelve years following | 35 |
the vesting in the undertaker of the water main, in each case discounted | |
in accordance with subsection (9) below. | |
(7) The estimated offset for any year is the lesser of— | |
(a) the estimated revenue (if any) in respect of the adopted main for | |
that year; and | 40 |
(b) the annual borrowing costs of a loan of the amount required for | |
the provision of that main. | |
(8) The amounts referred to in paragraphs (a) and (b) of subsection (7) | |
above shall be calculated in accordance with the provisions of | |
subsections (3) to (5) of section 43A above as if the adopted main had | 45 |
been provided in pursuance of a water main requisition (as defined in | |
section 43 above). | |
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