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to connect with the main at the place or places | |
determined under subsection (3) below.”, | |
(b) in paragraph (b) of subsection (2), for “an arbitrator” there is | |
substituted “the Authority”, | |
(c) in paragraph (b) of subsection (3)— | 5 |
(i) for “an arbitrator” there is substituted “the Authority”, | |
(ii) after “in question” there is inserted “, or (as the case may be) the | |
self-laid main,”, | |
(d) for subsection (4) there is substituted— | |
“(4) A reference for the purposes of subsection (2) or (3) above may | 10 |
be made to the Authority for determination under section 30A | |
above by either party to the dispute.”, | |
(e) in subsection (5)— | |
(i) the words “for any locality” are omitted, | |
(ii) for paragraph (b) there is substituted— | 15 |
“(b) the day on which the place or places where (as | |
the case may be)— | |
(i) service pipes to premises in the locality in | |
question; or | |
(ii) the self-laid main, | 20 |
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 | |
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 | 25 |
commencement of the subsection in question. | |
92 Self-lay and adoption of water mains and service pipes | |
(1) After section 51 of the WIA there is inserted— | |
“Adoption of water mains and service pipes | |
51A Agreements to adopt water main or service pipe at future date | 30 |
(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 | |
(b) any service pipe, | |
that, if the water main or service pipe is constructed in accordance with | 35 |
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 | |
pipe as the undertaker could otherwise, by virtue of sections 45 to 51 | |
above, be required to lay, to be vested in that undertaker. | 40 |
(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— | |
(a) nothing in this section shall prevent a water undertaker from | |
agreeing apart from this section to declare any such water main | 45 |
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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 | |
this Chapter. | |
(3) A person constructing or proposing to construct a water main or a | 5 |
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. | |
(4) An application under subsection (3) above shall be accompanied and | |
supplemented by all such information as the undertaker may | 10 |
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 | |
to provide information in pursuance of the obligation to supplement | |
such an application shall not invalidate the application. | 15 |
(5) Where— | |
(a) a person who has made an application to a water undertaker | |
under subsection (3) above has failed to comply with his | |
obligation under this section to supplement that application | |
with information required by the undertaker; and | 20 |
(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 | |
application as gave that person a reasonable opportunity to | |
provide the required information within that period, | 25 |
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 | |
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 | 30 |
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— | |
(a) for the provision (at the expense of the person constructing or | |
proposing to construct the water main) by— | 35 |
(i) that person; or | |
(ii) the water undertaker, | |
of such associated infrastructure at or downstream of the point | |
of connection with the undertaker’s supply system as it is | |
necessary to provide in consequence of incorporating the new | 40 |
water main into that system; | |
(b) providing that, if the water main and the associated | |
infrastructure are constructed in accordance with the terms of | |
the agreement, the undertaker will, in addition to declaring the | |
water main to be vested in it, declare the associated | 45 |
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 | |
addition to those for which the person is proposing to construct | |
the main— | 50 |
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(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 | |
proposes, or could otherwise be required by the | |
undertaker, to construct it; and | 5 |
(ii) providing for the repayment by the undertaker of any | |
extra expense reasonably incurred by that person in | |
complying with that requirement; | |
(d) for the connection of the new water main to the undertaker’s | |
existing supply system at the point or points specified in the | 10 |
agreement; | |
(e) for any service pipes which the person constructing or | |
proposing to construct the new water main proposes to connect | |
to that main to be constructed in accordance with the terms of | |
the agreement and, subject to that, to be vested in the | 15 |
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— | |
(a) for the connection of the new service pipe to the undertaker’s | |
existing supply system at the point or points specified in the | 20 |
agreement; | |
(b) for such requirements of the kind referred to in section 47(2) | |
above as may be applicable to be complied with before | |
connection takes place. | |
(9) An agreement made under this section by a water undertaker shall be | 25 |
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. | |
(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 | 30 |
of another water undertaker, until either— | |
(a) that other undertaker has consented in writing to the making of | |
the agreement; or | |
(b) the Secretary of State, on an application made to him, has | |
dispensed with the necessity for such consent, either | 35 |
unconditionally or subject to such conditions as he may think fit | |
to impose. | |
51B Appeals with respect to adoption | |
(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 | 40 |
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 | |
person objects; or | |
(c) has failed, before the end of two months from the making of | 45 |
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. | |
(2) On the hearing of an appeal under this section, the Authority may— | |
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(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 | |
on the application. | 5 |
(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 | |
undertaker subject to such modifications as it considers appropriate for | |
ensuring that the terms of the agreement are reasonable. | 10 |
(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) In deciding on an appeal under this section, the Authority may include | |
such incidental, supplemental and consequential provision (including | 15 |
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 | |
judgment of a county court. | |
51C Financial conditions of compliance | 20 |
(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 | |
constructing or proposing to construct that water main. | |
(2) Where this section applies, the water undertaker may, as a condition of | 25 |
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 | |
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 | 30 |
43(5)) to the provision of the new main were references to the | |
incorporation of the adopted main into the undertaker’s supply | |
system. | |
(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 | 35 |
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. | |
(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 | 40 |
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 | |
the vesting in the undertaker of the water main, in each case discounted | |
in accordance with subsection (9) below. | 45 |
(7) The estimated offset for any year is the lesser of— | |
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(a) the estimated revenue (if any) in respect of the adopted main for | |
that year; and | |
(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) | 5 |
above shall be calculated in accordance with the provisions of | |
subsections (3) to (5) of section 43A above as if the adopted main had | |
been provided in pursuance of a water main requisition (as defined in | |
section 43 above). | |
(9) The estimated offset for a year shall be discounted in order to determine | 10 |
its net present value by applying such factor, and in accordance with | |
such other provision, as may be determined by the Authority. | |
(10) A determination made by the Authority for the purposes of subsection | |
(9) above— | |
(a) may be made in relation to a particular water main or in relation | 15 |
to water mains generally; and | |
(b) may be revoked at any time except in relation to an adopted | |
main in respect of which the agreement referred to in subsection | |
(1) above has already been made. | |
(11) Any dispute between the water undertaker and the other person as to | 20 |
the payments required to be made or the security required to be | |
provided by virtue of this section may be referred to the Authority for | |
determination under section 30A above by either party to the dispute. | |
51D Prohibition on connection without adoption | |
(1) Where a person (other than a water undertaker) constructs a water | 25 |
main or service pipe which is to be used, in whole or in part, for | |
supplying water for domestic or food production purposes, no water | |
undertaker may permit that water main or service pipe to become | |
connected with its supply system unless it vests (to the relevant extent) | |
in a water undertaker. | 30 |
(2) In subsection (1) above, “the relevant extent” means the extent specified | |
in the agreement for the vesting in the undertaker of the water main or | |
service pipe in question. | |
(3) The prohibition imposed on a water undertaker by subsection (1) above | |
shall be enforceable under section 18 above by the Authority. | 35 |
51E Sections 51A to 51D: supplementary | |
(1) For the purposes of sections 51A to 51D above, the definition of “water | |
main” in section 219(1) below shall be treated as if the words “not being | |
a pipe for the time being vested in a person other than the undertaker” | |
were omitted. | 40 |
(2) In sections 51A to 51C above, references to so much of the service pipe | |
as the undertaker could otherwise, by virtue of sections 45 to 51 above, | |
be required to lay shall be construed disregarding section 46(8) above. | |
(3) In this Act, references to vesting or the making of a declaration of | |
vesting with respect to a service pipe refer to so much of the service | 45 |
pipe as is specified for those purposes in the relevant vesting | |
agreement.” | |
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(2) In section 45 of the WIA (duty to make connections with main), after subsection | |
(1) there is inserted— | |
“(1A) In relation to service pipes which do not belong to or fall to be laid by | |
the undertaker— | |
(a) subsection (1) above is subject to section 51D(1) below; and | 5 |
(b) any such service pipe which is to vest in the undertaker by | |
virtue of an agreement under section 51A below shall be | |
connected to one of the undertaker’s water mains subject to and | |
in accordance with the terms of that agreement.” | |
(3) In section 47 of the WIA (conditions of connection with water main), in | 10 |
subsection (2), for sub-paragraph (i) of paragraph (d) there is substituted— | |
“(i) subject to section 51D(1) below, so much of the service | |
pipe to the relevant premises as does not belong to, vest | |
in or fall to be laid by the undertaker; and”. | |
(4) After subsection (2) of section 179 of the WIA (vesting of works in undertaker) | 15 |
there is inserted— | |
“(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 | 20 |
effect shall also vest in that undertaker.” | |
(5) After subsection (1) of section 198 of the WIA (maps of waterworks) there is | |
inserted— | |
“(1A) Subject to subsections (4) and (5) below, it shall also be the duty of every | |
water undertaker to keep records of the location and (in the case of a | 25 |
water main) other relevant particulars of— | |
(a) every water main in relation to which a declaration of vesting | |
has been made by the undertaker under Chapter 2 of Part 3 of | |
this Act but has not taken effect; and | |
(b) every water main which is the subject of any agreement to make | 30 |
such a declaration which has been entered into by (or on behalf | |
of) the undertaker. | |
(1B) For the purposes of this section the other relevant particulars of a water | |
main are (in addition to its location) particulars of whether it is vested | |
in the undertaker or, if it is not, of whether it is a water main in relation | 35 |
to which a declaration has been made under Chapter 2 of Part 3 of this | |
Act or a water main which is the subject of an agreement to make such | |
a declaration.” | |
(6) In section 219 of the WIA (general interpretation), in subsection (1), in the | |
definition of “service pipe”, after “below” there is inserted “and to section | 40 |
51E(3) above”. | |
(7) The amendments of the WIA made by this section do not apply in respect of | |
any water main or service pipe the construction of which was begun before the | |
coming into force of this section. | |
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