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(but any request may only be for the provision of a lateral drain | |
to his premises). | |
(3) The person making a request under this section shall pay to the water | |
undertaker, following provision of the lateral drain, the costs | |
reasonably incurred in or in connection with providing that drain. | 5 |
(4) Any dispute between the sewerage undertaker and the person making | |
a request under this section as to— | |
(a) whether a lateral drain should be provided pursuant to the | |
request; or | |
(b) the costs reasonably incurred in the provision of a lateral drain, | 10 |
may be referred to the Authority for determination under section 30A | |
above by either party to the dispute. | |
(5) Any lateral drain provided pursuant to a request made to a sewerage | |
undertaker under this section shall belong to the undertaker.” | |
(10) Section 101B of the WIA (as inserted by subsection (9)) does not apply in | 15 |
respect of a public sewer to be provided pursuant to— | |
(a) a requirement notified under section 98 of that Act before the coming | |
into force of subsection (9), or | |
(b) a duty under section 101A of that Act which the sewerage undertaker | |
had accepted, or the Environment Agency had determined, it was | 20 |
under before the coming into force of subsection (9). | |
98 Adoption of lateral drains | |
(1) In section 102 of the WIA (adoption of sewers and disposal works)— | |
(a) in subsection (1), the word “or” at the end of paragraph (a) is omitted | |
and after that paragraph there is inserted— | 25 |
“(aa) any lateral drain which communicates or is to | |
communicate with a public sewer which— | |
(i) is so situated or serves the whole or any part of | |
that area; and | |
(ii) is vested in that undertaker; or”, | 30 |
(b) in subsection (2), after “sewer” in both places there is inserted “, lateral | |
drain”, | |
(c) in subsection (4), in paragraph (a), after “sewer” there is inserted | |
“, lateral drain”, | |
(d) in subsection (5)— | 35 |
(i) in paragraph (b), after “sewer” there is inserted “or lateral | |
drain”, | |
(ii) in paragraph (c), after “sewer” there is inserted “or lateral | |
drain”, | |
(iii) in paragraph (d), after “sewer” there is inserted “, lateral drain”, | 40 |
(e) in subsection (6), after “sewer” in both places there is inserted “or lateral | |
drain”. | |
(2) In section 103 of the WIA (adoption of cross-border sewers etc)— | |
(a) in subsection (1), the word “or” at the end of paragraph (a) is omitted | |
and after that paragraph there is inserted— | 45 |
“(aa) any lateral drain which is situated within the area of | |
another sewerage undertaker or which, though situated | |
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within its own area, communicates or is to communicate | |
with a public sewer which is situated within or serves | |
the whole or any part of the area of another sewerage | |
undertaker; or”, | |
(b) for subsection (3) there is substituted— | 5 |
“(3) Where— | |
(a) a sewer (or part of a sewer) or a lateral drain is vested, | |
or any sewerage disposal works are vested, in a relevant | |
body; and | |
(b) in the case of a sewer, part of a sewer, lateral drain or | 10 |
works vested in railway undertakers or dock | |
undertakers, the sewer, part or lateral drain in question | |
is, or the works are, situated in or on land belonging to | |
those undertakers and held or used by them for the | |
purposes of their undertaking, | 15 |
a sewerage undertaker shall not make a declaration under | |
section 102 above with respect to (as the case may be) the sewer, | |
or part of it, or the lateral drain or the works, except on the | |
application of the relevant body concerned.”, | |
(c) in subsection (4), in paragraph (a), after “sewer” there is inserted “or | 20 |
lateral drain”. | |
(3) Sections 102 and 103 of the WIA (adoption of sewers etc), as amended by | |
subsections (1) and (2) above, do not apply to any lateral drains (as mentioned | |
in those sections) the construction of which was completed before the coming | |
into force of subsections (1) and (2) above. | 25 |
(4) Section 104 of the WIA (agreements to adopt sewer etc at future date) is | |
amended as follows— | |
(a) for subsection (1) there is substituted— | |
“(1) Subject to subsection (7) and section 146(3) below, a sewerage | |
undertaker may agree with— | 30 |
(a) any person constructing or proposing to construct— | |
(i) any sewer; | |
(ii) any drain which is intended to communicate | |
with a public sewer vested in that undertaker; or | |
(iii) any sewage disposal works, or | 35 |
(b) any person at whose expense the undertaker is, by | |
virtue of an agreement under section 160 below, to carry | |
out work in connection with the construction of such a | |
drain or sewer, | |
that, if the sewer, drain or sewage disposal works is or are | 40 |
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 | |
sewer or such part of the drain as constitutes the lateral drain or | |
the works (as the case may be) to be vested in that undertaker.”, | 45 |
(b) in subsection (2), for “constructing or proposing to construct a sewer” | |
there is substituted “mentioned in paragraph (a) or (b) of subsection (1) | |
above”, | |
(c) in subsection (5), after “sewer” there is inserted “, lateral drain”, | |
(d) subsection (6) is omitted, | 50 |
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(e) after subsection (6) there is inserted— | |
“(6A) Without limiting the terms which may be included in an | |
agreement under this section, the terms of an agreement which | |
relates to a drain may include in particular— | |
(a) identification of that part of the drain which constitutes | 5 |
the lateral drain for the purposes of the agreement and, | |
in particular, the point or points of connection between | |
that part and the remainder of the drain; | |
(b) a requirement for the installation of an inspection | |
chamber, at the expense of the person with whom the | 10 |
sewerage undertaker is to make the agreement, at a | |
place specified in the agreement; | |
(c) provision, if the inspection chamber is constructed in | |
accordance with the terms of the agreement, for the | |
undertaker to declare that the inspection chamber be | 15 |
vested in the undertaker at the same time as the lateral | |
drain; and | |
(d) provision for the lateral drain, once vested in the | |
undertaker, to communicate with a public sewer at the | |
place or places specified in the agreement.”, | 20 |
(f) for subsection (7) there is substituted— | |
“(7) A sewerage undertaker shall not make an agreement under this | |
section with respect to— | |
(a) a sewer, drain or sewage disposal works situated within | |
the area of another sewerage undertaker; or | 25 |
(b) a drain which is intended to communicate with a sewer | |
which— | |
(i) is so situated; or | |
(ii) is vested in another sewerage undertaker, | |
until one of the conditions mentioned in subsection (8) below is | 30 |
satisfied. | |
(8) The conditions are— | |
(a) that other undertaker has consented to the making of the | |
agreement; or | |
(b) the Secretary of State, on an application made to him, | 35 |
has dispensed with the necessity for such consent, either | |
unconditionally or subject to such conditions as he may | |
think fit to impose.” | |
(5) In section 105 of the WIA (appeals with respect to adoption)— | |
(a) in subsection (1), after “sewer” there is inserted “, lateral drain”, | 40 |
(b) in subsection (3), after “sewer” there is inserted “, lateral drain”. | |
99 Requisitioning and adoption of lateral drains: supplementary | |
(1) The WIA is amended as follows. | |
(2) In section 36 (interpretation of Part 2 of the WIA)— | |
(a) in subsection (3)(b)(i), after “sewer” there is inserted “or drain”, | 45 |
(b) for the definition of “relevant sewer” in subsection (4) there is | |
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substituted— | |
““relevant sewer or drain”, in relation to any appointment or | |
variation which would replace a company as a sewerage | |
undertaker, means any of the following, that is to say— | |
(a) a public sewer or lateral drain vested in that | 5 |
company; | |
(b) a sewer or lateral drain in relation to which that | |
company has made a declaration of vesting under | |
section 102 below which has not yet taken effect; | |
(c) a sewer or lateral drain in relation to which that | 10 |
company has entered into an agreement under | |
section 104 below.” | |
(3) In section 94 (general duty to provide sewerage system), in paragraph (a) of | |
subsection (1), after “those sewers” there is inserted “and any lateral drains | |
which belong to or vest in the undertaker”. | 15 |
(4) In section 158 (powers to lay pipes in streets), for paragraph (b) of subsection | |
(7) there is substituted— | |
“(b) in relation to a sewerage undertaker, as references to— | |
(i) any sewer or disposal main; or | |
(ii) in relation to the exercise of a power to lay a pipe under | 20 |
paragraph (a) of subsection (1) above or a power related | |
to that power under paragraph (c) of that subsection, | |
any lateral drain which the undertaker is to lay by virtue | |
of section 98 or 101B above; or | |
(iii) in relation to the exercise of any other power under | 25 |
subsection (1) above, any lateral drain which belongs to | |
or is vested for the time being in the undertaker.” | |
(5) In section 159 (power to lay pipes in other land), in subsection (7), at the end | |
there is added “(reading references there to subsection (1) as references to | |
subsection (1) of this section).”. | 30 |
(6) In section 171 (entry for sewerage purposes), in subsection (3), for “a private | |
drain or sewer” there is substituted “a drain or private sewer”. | |
(7) In section 179 (vesting of works in undertaker)— | |
(a) in paragraph (a) of subsection (2), after “sewer” there is inserted | |
“, lateral drain”, | 35 |
(b) in subsection (7), in paragraph (b) of the definition of “relevant pipe”, | |
after “sewer” there is inserted “, lateral drain”. | |
(8) In section 199 (sewer maps), in subsection (1)— | |
(a) in paragraph (a), after “sewer” there is inserted “, lateral drain”, | |
(b) in paragraph (b), after “sewer” there is inserted “or lateral drain”. | 40 |
(9) In section 219 (general interpretation)— | |
(a) in subsection (1), after the definition of “inland waters” there is | |
inserted— | |
““lateral drain” means— | |
(a) that part of a drain which runs from the curtilage of a | 45 |
building (or buildings or yards within the same | |
curtilage) to the sewer with which the drain | |
communicates or is to communicate; or | |
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(b) (if different and the context so requires) the part of a | |
drain identified in a declaration of vesting made | |
under section 102 above or in an agreement made | |
under section 104 above;”, | |
(b) in subsection (3), after “sewer,” there is inserted “lateral drain,”. | 5 |
(10) In Schedule 12 (compensation etc in respect of pipe-laying and other works | |
powers), in sub-paragraph (5) of paragraph 4, after “sewer” there is inserted “, | |
lateral drain”. | |
100 Communication with public sewers | |
(1) Section 106 of the WIA (right to communicate with public sewers) is amended | 10 |
as follows. | |
(2) After subsection (1) there is inserted— | |
“(1A) In this section, and in sections 107 to 109, 111, 113, 114 to 116, 118, 119, | |
124, 127, 139 and 146 below— | |
(a) references (however expressed) to a public sewer include a | 15 |
public lateral drain which satisfies sewer standards; and | |
(b) for the purposes of paragraph (a) above— | |
(i) a “public lateral drain” is a lateral drain which either | |
belongs to the sewerage undertaker or is vested in the | |
sewerage undertaker by virtue of a declaration made | 20 |
under section 102 above or under an agreement made | |
under section 104 above; and | |
(ii) “sewer standards” means such standards of | |
construction and repair as the undertaker would require | |
if the public lateral drain or part of it were to become a | 25 |
public sewer.” | |
(3) In subsection (4), for “is such that the making of the communication would be | |
prejudicial to the undertaker’s sewerage system” there is substituted— | |
“(a) does not satisfy the standards reasonably required by the | |
undertaker; or | 30 |
(b) is such that the making of the communication would be | |
prejudicial to the undertaker’s sewerage system.” | |
(4) After subsection (5) there is inserted— | |
“(5A) Where the sewer or drain satisfies the standards reasonably required by | |
it, a sewerage undertaker may, as a condition of permitting the | 35 |
communication to be made, require that the sewer or that part of the | |
drain forming the lateral drain be vested in it by virtue of a declaration | |
under section 102 above.” | |
(5) In subsection (6)— | |
(a) for “(3) to (5)” there is substituted “(3) to (5A)”, | 40 |
(b) in paragraph (b), after “(5)” there is inserted “or (5A)”, | |
(c) at the end there is added “(and, accordingly, section 105 above shall not | |
apply to any requirement under subsection (5A) above).” | |
(6) In section 219 of the WIA (general interpretation), in the definition of “public | |
sewer”, after “means” there is inserted “(subject to section 106(1A) above)”. | 45 |
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Part 4 | |
Supplementary | |
101 Devolution: Wales | |
(1) In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the | |
National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) | 5 |
(referred to in this section as “the Order”), at the end there is inserted “except | |
section 12A(4).”. | |
(2) The entry relating to the WIA in Schedule 1 to the Order is amended as | |
follows— | |
(a) in the list of sections conferring on the Secretary of State functions | 10 |
which are not transferred by the Order— | |
(i) after “sections 1,” there is inserted “2A,”, | |
(ii) for “17” there is substituted “16A, 17 to 17D, 17F to 17K, 17N to | |
17P, 17R, 22A to 22F,”, | |
(iii) after “27(3),” there is inserted “27A, 27B, 27E, 27G, 27I to 27K, 29, | 15 |
29A,”, | |
(iv) after “35,” there is inserted “38B, 66B, 66F to 66L, 86(1A),”, | |
(v) after “92,” there is inserted “95B,”, | |
(vi) after “152(2),” there is inserted “192A, 192B,”, | |
(vii) before “206(3)(e)” there is inserted “195A,”, | 20 |
(viii) after “Schedules 1” there is inserted “, 1A, 3A,”, | |
(ix) at the end there is inserted “and except functions under such | |
other sections or Schedules as are expressly stated in the | |
succeeding paragraphs to be so excepted (but only to the extent | |
stated).”, | 25 |
(b) in the paragraph relating to functions under sections 2, 5 (etc)— | |
(i) the reference to section 2 is omitted, | |
(ii) the reference to sections 18 to 22 is omitted, | |
(iii) for “37 to 39” there is substituted “37, 38, 39, 51A”, | |
(iv) the reference to sections 68 to 70 is omitted, | 30 |
(v) the reference to section 93A is omitted, | |
(vi) for “198 to 203” there is substituted “198 to 200”, | |
(vii) the reference to section 205 is omitted, | |
(viii) at the end there is inserted “(but not in relation to any licensed | |
water suppliers).”, | 35 |
(c) the paragraph relating to section 28(4) is omitted, | |
(d) before the paragraph relating to functions under section 67 there is | |
inserted— | |
“Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to | |
203 are transferred to the Assembly in relation to— | 40 |
(a) any water or sewerage undertaker whose area is wholly | |
or mainly in Wales; | |
(b) any licensed water supplier so far as relating to licensed | |
activities using the supply system of any such water | |
undertaker; and | 45 |
(c) in the case of functions under section 70, any other | |
person who is a relevant person (as defined in that | |
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section) in relation to any such undertaker or licensed | |
water supplier.”, | |
(e) in the paragraph relating to functions under section 67, for paragraphs | |
(a) and (b) there is substituted— | |
“(a) for the making of regulations concerning water supplied | 5 |
using the supply system of a water undertaker, the | |
function is transferred in relation to the supply system | |
of any water undertaker whose area is wholly or mainly | |
in Wales; | |
(b) for the making of regulations concerning water supplied | 10 |
other than using the supply system of a water | |
undertaker, the function is transferred in relation to | |
Wales.”, | |
(f) in the paragraph relating to functions under sections 3, 86 (etc), for “86” | |
there is substituted “86 (except subsection (1A))”, | 15 |
(g) after that paragraph there is inserted— | |
“In respect of the functions under sections 37A to 37D, 39B and | |
39C it is provided as follows— | |
(a) functions under those provisions so far as relating to | |
matters concerning the construction or enlargement of | 20 |
reservoirs are transferred to the Assembly in relation to | |
Wales; | |
(b) functions under those provisions so far as relating to | |
matters other than the construction or enlargement of | |
reservoirs are transferred to the Assembly in relation to | 25 |
any water undertaker whose area is wholly or mainly in | |
Wales; and | |
(c) the functions of the Assembly referred to in paragraph | |
(b) above so far as they are exercisable in relation to | |
England shall be exercisable only after consultation with | 30 |
the Secretary of State.”, | |
(h) in the paragraph relating to section 152(1), after “Wales” there is | |
inserted “or (so far as relating to licensed activities using the supply | |
system of any such water undertaker) any licensed water supplier”, | |
(i) for the paragraph relating to section 208 there is substituted— | 35 |
“In respect of the functions under section 208 it is provided as | |
follows— | |
(a) the functions under that section of giving directions for | |
the purpose of mitigating the effects of any civil | |
emergency and the function (in the case of sub- | 40 |
paragraphs (i) and (ii) below) of enforcing such | |
directions are transferred to the Assembly— | |
(i) in relation to any water or sewerage undertaker | |
whose area is wholly or mainly in Wales; | |
(ii) in relation to any licensed water supplier so far | 45 |
as relating to licensed activities using the supply | |
system of any such water undertaker; and | |
(iii) in relation to the Consumer Council for Water so | |
far as relating to its functions in connection with | |
any such water undertaker; and | 50 |
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