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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    111

 

                                                   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)—

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                  (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

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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—

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                               “(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,

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                                                                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

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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

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           (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

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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.

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           (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

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Water Bill [HL]
Part 3 — Miscellaneous

    112

 

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

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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

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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.

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           (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

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                  (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,

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                         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

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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—

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                        (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

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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

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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—

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Water Bill [HL]
Part 3 — Miscellaneous

    113

 

                        (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

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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

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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

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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

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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

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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

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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

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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

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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—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    114

 

                  (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.

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           (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

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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

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           (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

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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

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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

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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

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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.

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           (7)           The estimated offset for any year is the lesser of—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    115

 

                  (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

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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

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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

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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

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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.

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           (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.

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       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.

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           (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.”

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    116

 

     (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

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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

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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

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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

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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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