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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    117

 

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—

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                        “(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

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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

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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

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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

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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

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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

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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

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undertaker for the provision of services in the course of that year as

would represent charges—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    118

 

                  (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

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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.

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           (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

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(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

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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

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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)—

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           (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

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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

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provision of the lateral drain;

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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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

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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

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                  (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)—

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           (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—

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                        (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

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    120

 

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

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                        (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

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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

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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,

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                                      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—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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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

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                               (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

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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—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    122

 

                  (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.”

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     (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

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                               (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”,

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           (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”,

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                  (iii)               in paragraph (d), after “sewer” there is inserted “, lateral drain”,

 

 

Water Bill [HL]
Part 3 — Miscellaneous

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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

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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

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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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