|
| |
| |
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.”, | |
(b) in subsection (2), for “constructing or proposing to construct a sewer” | |
there is substituted “mentioned in paragraph (a) or (b) of subsection (1) | 5 |
above”, | |
(c) in subsection (5), after “sewer” there is inserted “, lateral drain”, | |
(d) subsection (6) is omitted, | |
(e) after subsection (6) there is inserted— | |
“(6A) Without limiting the terms which may be included in an | 10 |
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 | |
the lateral drain for the purposes of the agreement and, | |
in particular, the point or points of connection between | 15 |
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 | |
sewerage undertaker is to make the agreement, at a | |
place specified in the agreement; | 20 |
(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 | |
vested in the undertaker at the same time as the lateral | |
drain; and | 25 |
(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.”, | |
(f) for subsection (7) there is substituted— | |
“(7) A sewerage undertaker shall not make an agreement under this | 30 |
section with respect to— | |
(a) a sewer, drain or sewage disposal works situated within | |
the area of another sewerage undertaker; or | |
(b) a drain which is intended to communicate with a sewer | |
which— | 35 |
(i) is so situated; or | |
(ii) is vested in another sewerage undertaker, | |
until one of the conditions mentioned in subsection (8) below is | |
satisfied. | |
(8) The conditions are— | 40 |
(a) that other undertaker has consented 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 | |
unconditionally or subject to such conditions as he may | 45 |
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”, | |
(b) in subsection (3), after “sewer” there is inserted “, lateral drain”. | |
| |
| |
|
| |
| |
97 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”, | |
(b) for the definition of “relevant sewer” in subsection (4) there is | 5 |
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 | 10 |
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 | 15 |
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”. | 20 |
(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 | 25 |
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 | 30 |
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).”. | 35 |
(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”, | 40 |
(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”. | 45 |
(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 | |
building (or buildings or yards within the same | |
curtilage) to the sewer with which the drain | 5 |
communicates or is to communicate; or | |
(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;”, | 10 |
(b) in subsection (3), after “sewer,” there is inserted “lateral drain,”. | |
(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”. | |
98 Communication with public sewers | 15 |
(1) Section 106 of the WIA (right to communicate with public sewers) is amended | |
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— | 20 |
(a) references (however expressed) to a public sewer include a | |
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 | 25 |
sewerage undertaker by virtue of a declaration made | |
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 | 30 |
if the public lateral drain or part of it were to become a | |
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 | 35 |
undertaker; or | |
(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 | 40 |
it, a sewerage undertaker may, as a condition of permitting the | |
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)— | 45 |
(a) for “(3) to (5)” there is substituted “(3) to (5A)”, | |
| |
| |
|
| |
| |
(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)”. | 5 |
Part 4 | |
Supplementary | |
99 Devolution: Wales | |
(1) In the entry relating to the 1975 (c. 23) in Schedule 1 to the National Assembly | |
for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (referred to in this | 10 |
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 | |
which are not transferred by the Order— | 15 |
(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, | |
29A,”, | 20 |
(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,”, | |
(viii) after “Schedules 1” there is inserted “, 1A, 3A,”, | 25 |
(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).”, | |
(b) in the paragraph relating to functions under sections 2, 5 (etc)— | 30 |
(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, | |
(v) the reference to section 93A is omitted, | 35 |
(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).”, | |
(c) the paragraph relating to section 28(4) is omitted, | 40 |
(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— | |
| |
| |
|
| |
| |
(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 | 5 |
(c) in the case of functions under section 70, any other | |
person who is a relevant person (as defined in that | |
section) in relation to any such undertaker or licensed | |
water supplier.”, | |
(e) in the paragraph relating to functions under section 67, for paragraphs | 10 |
(a) and (b) there is substituted— | |
“(a) for the making of regulations concerning water supplied | |
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 | 15 |
in Wales; | |
(b) for the making of regulations concerning water supplied | |
other than using the supply system of a water | |
undertaker, the function is transferred in relation to | |
Wales.”, | 20 |
(f) in the paragraph relating to functions under sections 3, 86 (etc), for “86” | |
there is substituted “86 (except subsection (1A))”, | |
(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— | 25 |
(a) functions under those provisions so far as relating to | |
matters concerning the construction or enlargement of | |
reservoirs are transferred to the Assembly in relation to | |
Wales; | |
(b) functions under those provisions so far as relating to | 30 |
matters other than the construction or enlargement of | |
reservoirs are transferred to the Assembly in relation to | |
any water undertaker whose area is wholly or mainly in | |
Wales; and | |
(c) the functions of the Assembly referred to in paragraph | 35 |
(b) above so far as they are exercisable in relation to | |
England shall be exercisable only after consultation with | |
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 | 40 |
system of any such water undertaker) any licensed water supplier”, | |
(i) for the paragraph relating to section 208 there is substituted— | |
“In respect of the functions under section 208 it is provided as | |
follows— | |
(a) the functions under that section of giving directions for | 45 |
the purpose of mitigating the effects of any civil | |
emergency and the function (in the case of sub- | |
paragraphs (i) and (ii) below) of enforcing such | |
directions are transferred to the Assembly— | |
(i) in relation to any water or sewerage undertaker | 50 |
whose area is wholly or mainly in Wales; | |
| |
| |
|
| |
| |
(ii) in relation to any licensed water supplier so far | |
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 | 5 |
any such water undertaker; and | |
(b) it is directed that the other functions under that section | |
shall be exercisable by the Assembly concurrently with | |
the Secretary of State in relation to the bodies and so far | |
as mentioned in paragraph (a)(i) to (iii) above.”, | 10 |
(j) in the paragraph relating to Article 2(c), at the end there is inserted “or | |
any licensed water supplier using the supply system of any such water | |
undertaker.”. | |
(3) In Schedule 2 to the Order, after the entry relating to the Environmental | |
Protection Act 1990 there is inserted a new entry as follows— | 15 |
“ Water Industry Act 1991 c 56 | |
The functions of the Secretary of State under sections 37A to 37D, 39B | |
and 39C so far as relating to matters other than the construction or | |
enlargement of reservoirs shall be exercisable only after consultation | |
with the Assembly.” | 20 |
(4) The entry relating to the WRA in Schedule 1 to the Order is amended as | |
follows— | |
(a) in the paragraph referring to the functions of a Minister of the Crown | |
under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “, | |
20B(3)”, and | 25 |
(b) in the list of provisions under which there are transferred functions of | |
the Secretary of State to which paragraph 6 of Schedule 3 to the | |
Government of Wales Act 1998 (c. 38) is applied, in the appropriate | |
places there is inserted— | |
(i) “section 27A and (so far as it relates to section 27A) Schedule 6,” | 30 |
(ii) “section 33A,” | |
(iii) “section 51(1C) to 51(1F),”, | |
and in the entry in that list relating to section 161C, after “regulations)” | |
there is inserted “, but not including section 161C as applied by section | |
25B.”. | 35 |
(5) The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the | |
Order is amended as follows— | |
(a) after paragraph (e) in the list of sections conferring functions which are | |
not transferred by the Order there is inserted— | |
“(f) functions exercisable by the Secretary of State in | 40 |
pursuance of sub-paragraph (bb) of the definition of | |
“the relevant Minister” in paragraph 1(5) of Schedule | |
4; | |
(g) the function of the Secretary of State under section | |
16A(5)(a);”, | 45 |
(b) after paragraph (e) of the list of functions which are transferred not in | |
relation to Wales but in the manner specified there is inserted— | |
“(ea) functions under section 18A are transferred to the | |
Assembly in relation to the local flood defence | |
| |
| |
|
| |
| |
scheme for a district which is in the area of a regional | |
flood defence committee the whole or the greater part | |
of which is in Wales;”. | |
(6) Subject to subsections (1) to (5), the references in Schedule 1 to the Order to— | |
(a) the WIA generally and to specific sections of or Schedules to the WIA, | 5 |
(b) the WRA generally and to specific sections of or Schedules to the WRA, | |
(c) the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990 | |
(c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act | |
1995 (c. 25) generally and (where applicable) to specific sections of or | |
Schedules to those Acts, and | 10 |
(d) any other Act generally and (where applicable) to specific sections of or | |
Schedules to those Acts, | |
are to be treated as referring to those Acts (or those sections or Schedules) as | |
amended by this Act. | |
(7) Subsection (6), and the amendments made by subsections (1) to (5), do not | 15 |
affect the power to make further Orders varying or omitting the references | |
mentioned in subsection (6) or the provisions amended by subsections (1) to | |
(5). | |
100 Minor and consequential amendments and repeals | |
(1) Schedules 7 and 8, which make minor amendments (including the repeal of | 20 |
certain spent enactments) and amendments consequential on the provisions of | |
this Act, have effect. | |
(2) The enactments and instrument mentioned in Schedule 9 are repealed or | |
revoked to the extent specified. | |
101 Specific transitional and transitory provisions | 25 |
(1) Subject to subsection (2), each licence to abstract water under Chapter 2 of Part | |
2 of the WRA which is in force immediately before the coming into force of | |
section 1 of this Act shall, after the coming into force of that section, be treated | |
as a full licence within the meaning of that Act. | |
(2) If— | 30 |
(a) immediately before the coming into force of section 6 of this Act, a | |
person is the holder of a licence under Chapter 2 of Part 2 of the WRA | |
to abstract water, and | |
(b) upon the coming into force of that section an abstraction authorised by | |
the licence becomes an abstraction to which the restriction on | 35 |
abstraction does not apply, | |
the licence shall cease to have effect (so far as it applies to that abstraction) | |
upon the coming into force of that section. | |
(3) Subject to subsection (4), the person who was the holder of a full licence which | |
ceases (or ceases in part) to have effect by virtue of subsection (2), and who had | 40 |
been taken in consequence of that licence (or that part of the licence) to have a | |
right to abstract water by virtue of section 48(1) of the WRA, shall be taken to | |
continue to have that right for the purposes of Chapter 2 of Part 2 of the WRA. | |
(4) A person shall cease to be taken to continue to have the right mentioned in | |
subsection (3), for the purposes mentioned there, if during a period of— | 45 |
| |
| |
|
