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Sewers and drains | |
93 Requisition and adoption of sewers | |
(1) In section 99 of the WIA (financial conditions of compliance with sewer | |
requisition)— | |
(a) in subsection (2), for paragraph (a) there is substituted— | 5 |
“(a) bind the person or persons mentioned in that subsection | |
to pay to the undertaker either (at the election of such | |
person or persons)— | |
(i) in respect of each of the twelve years following | |
the provision of the sewer, an amount not | 10 |
exceeding the relevant deficit (if any) for that | |
year on that sewer; or | |
(ii) following provision of the sewer, a single | |
amount not exceeding the discounted aggregate | |
deficit on that sewer; and”, | 15 |
(b) 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.”, | |
(c) for subsection (7) there is substituted— | |
“(7) In this section “relevant deficit” and “discounted aggregate | 20 |
deficit” have the meanings given by sections 100 and 100A | |
below, respectively.” | |
(2) In section 100 of the WIA (calculation of “relevant deficit” for the purposes of | |
section 99), in subsection (8), in paragraph (b), for “that has already been | |
provided” there is substituted “in respect of which the conditions referred to in | 25 |
section 99(1) above have already been satisfied.”. | |
(3) After section 100 of the WIA there is inserted— | |
“100A Calculation of “discounted aggregate deficit” for the purposes of | |
section 99 | |
(1) For the purposes of section 99 above the discounted aggregate deficit | 30 |
on a public sewer is the amount equal to the sum of the estimated | |
relevant deficits for each of the twelve years following the provision of | |
the sewer, in each case discounted in accordance with subsection (6) | |
below. | |
(2) The estimated relevant deficit for any year is the amount (if any) by | 35 |
which the estimated drainage charges payable for the use during that | |
year of that sewer would be exceeded by the annual borrowing costs of | |
a loan of the amount required for the provision of that sewer. | |
(3) Subsections (2) to (6), (8) and (9) of section 100 above (which relate to | |
the annual borrowing costs of a loan of the amount required for the | 40 |
provision of a public sewer) shall apply for the purposes of this section | |
as they apply for the purposes of that section. | |
(4) Any reference in this section to the estimated drainage charges payable | |
for the use during any year of any sewer is a reference to so much of the | |
aggregate of any charges expected to be payable to the sewerage | 45 |
undertaker for the provision of services in the course of that year as | |
would represent charges— | |
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(a) imposed by the undertaker in relation to such of the premises | |
with which the sewer is expected to be connected as are | |
premises where there are buildings; and | |
(b) reasonably attributable to the use of that sewer for the drainage | |
for domestic sewerage purposes of those premises or to the | 5 |
disposal of effluent drained for any such purposes from those | |
premises. | |
(5) For the purposes of subsection (4) above, a thing is expected to be the | |
case if, at the time the relevant calculation is made, it is reasonably | |
likely to occur. | 10 |
(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. | |
(7) A determination made by the Authority for the purposes of subsection | 15 |
(6) above— | |
(a) may be made in relation to the provision of a particular public | |
sewer or in relation to the provision of public sewers generally; | |
and | |
(b) may be revoked at any time except in relation to a public sewer | 20 |
in respect of which the conditions referred to in section 99(1) | |
above have already been satisfied.” | |
(4) The amendments made by subsections (1) to (3) of this section do not apply in | |
respect of public sewer requisitions (as defined in section 100(9) of the WIA) for | |
which notice has been served under section 98(1) of that Act before | 25 |
commencement of the subsection in question. | |
94 Provision of public sewers otherwise than by requisition | |
In section 101A of the WIA (which imposes a duty on sewerage undertakers to | |
provide sewers for certain premises whose drainage gives rise to adverse | |
environmental effects), in subsection (2)— | 30 |
(a) in paragraph (a), the words from “each of which” to the end of the | |
paragraph are omitted; and | |
(b) in paragraph (c), “in respect of which the condition specified in | |
paragraph (a) above is satisfied” is omitted. | |
95 Requisition of lateral drains | 35 |
(1) Section 98 of the WIA (duty to comply with sewer requisition) is amended as | |
provided in subsections (2) to (5). | |
(2) After subsection (1) there is inserted— | |
“(1A) It shall be the duty of a sewerage undertaker (in accordance with | |
section 101 below) to provide a lateral drain to communicate with a | 40 |
public sewer and to be used for the drainage for domestic purposes of | |
premises in its area if— | |
(a) the undertaker is required to provide the lateral drain by a | |
notice served on the undertaker by one or more of the persons | |
who under subsection (2A) below are entitled to require the | 45 |
provision of the lateral drain; | |
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(b) the premises the drainage of which would be by means of that | |
lateral drain are— | |
(i) premises on which there are buildings; or | |
(ii) premises on which there will be buildings when | |
proposals made by any person for the erection of any | 5 |
buildings are carried out; and | |
(c) the conditions specified in section 99 below are satisfied in | |
relation to that requirement.” | |
(3) After subsection (2) there is inserted— | |
“(2A) Each of the following persons shall be entitled to require the provision | 10 |
of a lateral drain, that is to say— | |
(a) the owner of the premises the drainage of which would be by | |
means of that lateral drain; | |
(b) the occupier of those premises; | |
(c) any local authority within whose area those premises are | 15 |
situated; | |
(d) where those premises are situated in a new town, within the | |
meaning of the New Towns Act 1981— | |
(i) the Commission for the New Towns; and | |
(ii) the development corporation for the new town; and | 20 |
(e) where those premises are situated within an area designated as | |
an urban development area under Part 16 of the Local | |
Government, Planning and Land Act 1980, the urban | |
development corporation.” | |
(4) In subsection (3)— | 25 |
(a) after “public sewer” there is inserted “or, as the case may be, a lateral | |
drain”, | |
(b) after “of the sewer” there is inserted “or lateral drain”. | |
(5) In subsection (5)— | |
(a) the words “in a particular locality” are omitted, | 30 |
(b) in paragraph (a), for “premises in that locality” there is substituted | |
“those premises”, | |
(c) in paragraph (b), for “premises in the locality” there is substituted | |
“those premises”. | |
(6) In section 99 of the WIA (financial conditions of compliance)— | 35 |
(a) in subsection (1)— | |
(i) after “98(1)(c)” there is inserted “or 98(1A)(c)”, | |
(ii) after “sewer”, in both places, there is inserted “or (as the case | |
may be) lateral drain”, | |
(iii) in paragraph (a), after “subsection (2)” there is inserted “or, as | 40 |
the case may be, subsection (2A)”, | |
(b) after subsection (2) there is inserted— | |
“(2A) The undertakings which a sewerage undertaker may require for | |
the purposes of subsection (1) above in respect of any lateral | |
drain are undertakings which— | 45 |
(a) bind the person or persons mentioned in that subsection | |
to pay to the undertaker, following provision of the | |
lateral drain, on such terms as may be specified in the | |
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undertaking, an amount not exceeding the costs | |
reasonably incurred in or in connection with the | |
provision of the lateral drain; and | |
(b) in the case of undertakings binding two or more | |
persons, bind them either jointly and severally or with | 5 |
liability apportioned in such manner as they may | |
agree.”, | |
(c) for subsection (3) there is substituted— | |
“(3) For the purposes of subsection (1)(b) above a person may be | |
required to secure his undertakings in relation to the provision | 10 |
of a public sewer or, as the case may be, a lateral drain if— | |
(a) it was by virtue of section 98(2)(a) or (b) or (as the case | |
may be) section 98(2A)(a) or (b) above that he required, | |
or joined in requiring, the provision of the sewer or | |
drain; and | 15 |
(b) he is not a public authority.”, | |
(d) for paragraph (a) of subsection (5) there is substituted— | |
“(a) may be given or made in relation to the provision of a | |
particular public sewer or (as the case may be) lateral | |
drain, in relation to the provision of sewers or lateral | 20 |
drains of a particular description or in relation to the | |
provision of public sewers or lateral drains generally; | |
and”. | |
(7) For section 101 of the WIA (determination of completion date and route for | |
requisitioned sewer) there is substituted— | 25 |
“101 Determination of completion date and route for requisitioned sewer | |
or lateral drain | |
(1) A sewerage undertaker shall not be in breach of a duty imposed by | |
section 98 above in relation to any locality or (in the case of a lateral | |
drain) in relation to any premises unless— | 30 |
(a) the period of six months beginning with the relevant day has | |
expired; and | |
(b) the sewerage undertaker has not, before the end of that period, | |
so laid (as the case may be)— | |
(i) the public sewer to be provided as to enable drains and | 35 |
private sewers to be used for the drainage of premises in | |
the locality to communicate with the public sewer; or | |
(ii) the lateral drain to be provided as to enable the drain to | |
be used for the drainage of premises to communicate | |
with a public sewer vested in that undertaker, | 40 |
at the place or places determined under subsection (3) below. | |
(2) The period mentioned in subsection (1)(a) above may be extended— | |
(a) by agreement between the undertaker and the person or | |
persons who required the provision of the public sewer or, as | |
the case may be, lateral drain; or | 45 |
(b) where there is a dispute as to whether the period should be | |
extended, by the Authority on a reference under subsection (4) | |
below. | |
(3) The places mentioned in subsection (1)(b) above shall be— | |
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(a) such place or places as are determined by agreement between | |
the sewerage undertaker and the person or persons who | |
required the provision of the public sewer or, as the case may | |
be, lateral drain; or | |
(b) in default of agreement, such place or places as are determined | 5 |
by the Authority on a reference under subsection (4) below to be | |
the place or places at which it is reasonable, in all the | |
circumstances— | |
(i) in relation to the provision of a public sewer, for drains | |
or private sewers to be used for the drainage of premises | 10 |
in the locality in question to communicate with the | |
public sewer; or | |
(ii) in relation to the provision of a lateral drain— | |
(a) for the lateral drain to communicate with a | |
public sewer vested in the undertaker; and | 15 |
(b) for the remainder of the drain of which the | |
lateral drain forms part to connect with the | |
lateral drain. | |
(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 | 20 |
party to the dispute. | |
(5) In this section “relevant day”, in relation to a requirement to provide a | |
public sewer for any locality or, as the case may be, a lateral drain, | |
means the day after whichever is the later of the following— | |
(a) the day on which the conditions specified in section 99 above | 25 |
are satisfied in relation to the requirement; and | |
(b) the day on which the place or places where (as the case may | |
be)— | |
(i) drains or private sewers to be used for the drainage of | |
premises in that locality will communicate with the | 30 |
public sewer; or | |
(ii) the lateral drain will communicate with a public sewer | |
and the remainder of the drain will connect with the | |
lateral drain, | |
are determined under subsection (3) above.” | 35 |
(8) The substitution, by subsection (7), of section 101 of the WIA does not apply in | |
respect of requirements notified under section 98 of the WIA before subsection | |
(7) comes into force. | |
(9) After section 101A of the WIA there is inserted— | |
“101B Power to construct lateral drains following provision of public sewer | 40 |
(1) Where a sewerage undertaker provides a public sewer pursuant to a | |
duty to do so imposed on it by section 98 or section 101A above, the | |
undertaker may, at the request of the person mentioned in subsection | |
(2) below, also provide at the same time one or more lateral drains to be | |
used for the drainage for domestic purposes of premises in its area and | 45 |
to communicate with that sewer. | |
(2) A request under subsection (1) above may be made— | |
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(a) in the case of a public sewer to be provided under section 98 | |
above, by the person who requires the provision of the sewer | |
under that section; and | |
(b) in the case of a public sewer to be provided under section 101A | |
above, by the owner or occupier of any premises in respect of | 5 |
which the duty to provide the sewer arises under that section | |
(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 | 10 |
reasonably incurred in or in connection with providing that drain. | |
(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 | 15 |
(b) the costs reasonably incurred in the provision of a lateral drain, | |
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.” | 20 |
(10) Section 101B of the WIA (as inserted by subsection (9)) does not apply in | |
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 | 25 |
had accepted, or the Environment Agency had determined, it was | |
under before the coming into force of subsection (9). | |
96 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 | 30 |
and after that paragraph there is inserted— | |
“(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 | 35 |
(ii) is vested in that undertaker; or”, | |
(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”, | 40 |
(d) in subsection (5)— | |
(i) in paragraph (b), after “sewer” there is inserted “or lateral | |
drain”, | |
(ii) in paragraph (c), after “sewer” there is inserted “or lateral | |
drain”, | 45 |
(iii) in paragraph (d), after “sewer” there is inserted “, lateral drain”, | |
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(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— | 5 |
“(aa) any lateral drain which is situated within the area of | |
another sewerage undertaker or which, though situated | |
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 | 10 |
undertaker; or”, | |
(b) for subsection (3) there is substituted— | |
“(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 | 15 |
body; and | |
(b) in the case of a sewer, part of a sewer, lateral drain or | |
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 | 20 |
those undertakers and held or used by them for the | |
purposes of their undertaking, | |
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 | 25 |
application of the relevant body concerned.”, | |
(c) in subsection (4), in paragraph (a), after “sewer” there is inserted “or | |
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 | 30 |
in those sections) the construction of which was completed before the coming | |
into force of subsections (1) and (2) above. | |
(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— | 35 |
“(1) Subject to subsection (7) and section 146(3) below, a sewerage | |
undertaker may agree with— | |
(a) any person constructing or proposing to construct— | |
(i) any sewer; | |
(ii) any drain which is intended to communicate | 40 |
with a public sewer vested in that undertaker; or | |
(iii) any sewage disposal works, or | |
(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 | 45 |
drain or sewer, | |
that, if the sewer, drain or sewage disposal works is or are | |
constructed in accordance with the terms of the agreement, the | |
undertaker will, upon completion of the work, at some specified | |
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