Office of Public Sector Information
PART VI continued CHAPTER I continued
(5) A consent for the purposes of this section may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.
(6) Any dispute as to whether a consent for the purposes of this section should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(7) Where any discharge under section 165 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this section, the undertaker which made the discharge shall, as soon as practicable after making the discharge, serve a notice which—
(a) states that the discharge has been made; and
(b) gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,
on every person on whom that undertaker would have been required to serve the application for that consent or any copy of that application.
(8) If any water undertaker contravenes, without reasonable excuse, any of the requirements of this section or any condition of a consent given for the purposes of this section, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(9) Nothing in this section shall require any consent to be obtained, or any notice to be served, in respect of any discharge if the requirements of section 34 of the [1945 c. 42.] Water Act 1945 (temporary discharges into watercourses) in relation to that discharge had been satisfied before 1st September 1989.
(1) Where a water undertaker is proposing, for the purposes of, or in connection with, the carrying out of any of its functions—
(a) to carry out any engineering or building operations; or
(b) to discharge water into any inland waters or underground strata,
the undertaker may apply to the Secretary of State for an order under this section (“a compulsory works order”).
(2) Subject to the following provisions of this section, the Secretary of State may, on an application under subsection (1) above, by order made by statutory instrument—
(a) confer such compulsory powers; and
(b) grant such authority,
as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.
(3) Schedule 11 to this Act shall have effect with respect to applications for compulsory works orders and with respect to such orders.
(4) Subject to the provisions of Schedule 11 to this Act, a compulsory works order may—
(a) without prejudice to section 155 above, confer power to acquire compulsorily any land, including—
(i) power to acquire interests in and rights over land by the creation of new rights and interests; and
(ii) power, by the compulsory acquisition by any water undertaker of any rights over land which is to be or has been acquired by that undertaker, to extinguish any such rights;
(b) apply for the purposes of the order, either with or without modifications, any of the relevant provisions of this Part of this Act which do not apply for those purposes apart from by virtue of this paragraph;
(c) make any authority granted by the order subject to such conditions as may be specified in the order;
(d) amend or repeal any local statutory provision;
(e) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(5) Without prejudice to any duty imposed by virtue of section 191 below, where—
(a) the Secretary of State makes a compulsory works order authorising a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on such an undertaker; and
(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,
he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.
(6) Nothing in any compulsory works order shall exempt any water undertaker from any restriction imposed by Chapter II of Part II of the [1991 c. 57.] Water Resources Act 1991 (abstraction and impounding of water).
(7) It is hereby declared that a compulsory works order may grant authority for discharges of water by a water undertaker where the undertaker has no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.
(8) In this section the reference to the relevant provisions of this Part is a reference to the provisions of this Part except sections 172 and 173, the provisions of Chapter II and any provision of this Part which is one of the relevant sewerage provisions.
(1) Any person designated in writing for the purpose by a relevant undertaker may enter any premises for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether it is appropriate and practicable for the undertaker to exercise any relevant works power; or
(ii) how any such power should be exercised;
or
(b) the exercise of any such power.
(3) The power, by virtue of subsection (1) above, of a person designated by a relevant undertaker to enter any premises for the purposes of carrying out any survey or tests shall include power—
(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and
(b) to take away and analyse such samples of water or effluent or of any land or articles as the undertaker—
(i) considers necessary for the purpose of determining either of the matters mentioned in subsection (2)(a) above; and
(ii) has authorised that person to take away and analyse.
(4) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by this section.
(5) In this section “relevant works power” means any power conferred by any of the provisions of sections 158, 159, 161, 163 and 165 above, other than section 161(3).
(1) Without prejudice to the rights and powers conferred by section 168 above, any person designated in writing under this section by a water undertaker may enter any premises for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—
(a) whether it would be appropriate for the undertaker to acquire any land, or any interest or right in or over land, for purposes connected with the carrying out of its functions; or
(b) whether it would be appropriate for the undertaker to apply for a compulsory works order under section 167 above and what compulsory powers it would be appropriate to apply for under that section.
(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—
(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;
(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and
(c) to take away and analyse such samples of water or of any land or articles as the undertaker considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.
(4) The powers conferred by this section shall not be exercised in any case for purposes connected with the determination of—
(a) whether, where or how a reservoir should be constructed; or
(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,
unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.
(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—
(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and
(b) he has considered any representations or objections with respect to the proposed exercise of the powers under this section which—
(i) have been duly made to him by the owner or occupier of those premises, within the period of fourteen days beginning with the day after the giving of the notice; and
(ii) have not been withdrawn.
(6) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by this section.
(1) Any person designated in writing for the purpose by a water undertaker may enter any premises for any of the following purposes, that is to say—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether it is appropriate and practicable for the undertaker to exercise any power under any provision of Part III of this Act to disconnect any pipe or cut off any supply of water to any premises or to carry out any works which it is authorised to carry out under section 64(4), 66(3) or 75 above; or
(ii) how any such power should be exercised;
(b) the exercise of any such power;
(c) the monitoring and recording of—
(i) whether water supplied to any premises for domestic or food production purposes is wholesome at the time of supply; or
(ii) the quality of the water from any source, or combination of sources, which is or is to be used for supplying water to any premises for those purposes,
and the carrying out of any tests for that purpose.
(2) Any person designated for the purpose—
(a) by any water undertaker within whose area any waterworks are situated; or
(b) by any water undertaker which takes water from any waterworks,
shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is, or has been, any contravention of section 72 above in relation to those waterworks.
(3) Any person designated in writing for the purpose by a water undertaker may—
(a) enter any premises for the purpose of—
(i) ascertaining whether any provision contained in or made or having effect under this Act with respect to any water fittings or with respect to the waste or misuse of water is being, or has been, contravened;
(ii) determining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under section 74 above should be exercised or performed; or
(iii) exercising any such power or performing any such duty;
or
(b) carry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under that section.
(4) During any period when a prohibition or restriction under section 76 above is in force, any person designated for the purpose by the water undertaker which imposed the prohibition or restriction shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises to which the prohibition or restriction applies for the purpose of ascertaining whether there is, or has been, any contravention of the prohibition or restriction.
(5) The power by virtue of subsection (1) above of a person designated by a water undertaker to enter any premises for the purpose of carrying out any survey or tests shall include power to take away such samples of water or effluent or of any land or articles as the undertaker—
(a) considers necessary for the purpose of determining any of the matters mentioned in paragraph (a) or (c) of that subsection; and
(b) has authorised that person to carry out or take away.
(6) Expressions used in this section and in any provision of Part III of this Act in relation to which this section has effect shall have the same meaning in this section as in that provision; and, without prejudice to the generality of this provision, subsections (2) and (3) of section 68 above and the definitions of “food production purposes” and “wholesome” in section 93(1) above shall apply for the purposes of any power conferred by virtue of subsection (1)(c)(i) above as they apply for the purposes of that section.
(7) Part I of Schedule 6 to this Act shall apply to the rights of entry conferred by subsections (2) and (4) of this section; and Part II of that Schedule shall apply to the rights and powers conferred by the other provisions of this section.
(8) The provisions of this section shall be without prejudice to the other rights and powers conferred by this Part.
(1) Any person designated in writing for the purpose by a sewerage undertaker shall, on producing any duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours–
(a) for the purpose of ascertaining whether there is or has been, on or in connection with the premises, any contravention of any of the relevant sewerage provisions which it is the function of the undertaker to enforce;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the undertaker to take any action or carry out any works under any of the relevant sewerage provisions;
(c) for the purpose of taking action or carrying out any works authorised by or under any of the relevant sewerage provisions to be taken or carried out by the undertaker;
(d) generally for the purpose of carrying out the undertaker’s functions under the relevant sewerage provisions.
(2) Part I of Schedule 6 to this Act shall apply to the right of entry conferred by subsection (1) above.
(3) Any person designated by a sewerage undertaker under subsection (1) above for the purpose of exercising any power under this section for the purposes of Chapter III of Part IV of this Act may, on any occasion on which he so exercises that power in relation to any premises, obtain and take away any sample of any trade effluent which is passing (either directly or through a private drain or sewer) from those premises into any of the undertaker’s public sewers.
(4) The result of any analysis of a sample taken by any designated person under subsection (1) above shall not be admissible as evidence in any legal proceedings under Chapter III of Part IV of this Act unless the requirements of subsection (5) below are satisfied.
(5) The requirements mentioned in subsection (4) above are that the designated person shall–
(a) forthwith after taking the sample, notify his intention to have it analysed to the occupier of the trade premises in question;
(b) there and then divide the sample into three parts;
(c) cause each part to be placed in a suitable container which shall be sealed up and marked; and
(d) deliver one part to the occupier, retain one part for future comparison and, if he thinks fit to have an analysis made, submit one part to the analyst.
(6) In this section “trade effluent” and “trade premises” have the same meanings as in Chapter III of Part IV of this Act; and, accordingly, section 139 above shall have effect for the purposes of this section as it has effect for the purposes of that Chapter.
(1) Where the conditions set out in section 162(1) above are satisfied in relation to any premises, any person designated in writing for the purpose by the relevant undertaker in question may enter those premises, or any land occupied with those premises, for any of the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are—
(a) the carrying out of any survey or tests for the purpose of determining—
(i) whether the carrying out of any works by virtue of paragraph (a) or (b) of subsection (3) of section 162 above is practicable;
(ii) whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out; or
(iii) how any works specified in that subsection should be carried out;
(b) the carrying out of any works so specified;
(c) the inspection, examination or testing of any meter which is on those premises or of any pipes or apparatus installed in the course of any works which were carried out for any purpose that is connected with the installation, connection, testing, maintenance or repair of any such meter;
(d) the ascertainment from any meter of the volume of water supplied to, or of effluent discharged from, those premises.
(3) Part II of Schedule 6 to this Act shall apply in relation to the rights and powers conferred by the preceding provisions of this section.
(4) Where any meter or other recording apparatus is provided in any premises in pursuance of Chapter III of Part IV of this Act for the purpose of assessing any charge, a sewerage undertaker may (instead of exercising its powers under this section) for the purpose of reading that meter or apparatus exercise the power conferred by section 171 above as if that purpose were included in the purposes mentioned in subsection (1) of that section.
(1) A person who, without having been designated or authorised for the purpose by a relevant undertaker, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist or would not be exercisable even if that person had been designated or authorised by a relevant undertaker.
(1) Subject to subsection (2) below, if any person without the consent of the water undertaker—
(a) intentionally or recklessly interferes with any resource main, water main or other pipe vested in any water undertaker or with any structure, installation or apparatus belonging to any water undertaker; or
(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,
that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2) A person shall not be guilty of an offence under subsection (1) above—
(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or
(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker if—
(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and
(ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.
(3) Any person who, without the consent of the water undertaker—
(a) attaches any pipe or apparatus—
(i) to any resource main, water main or other pipe vested in a water undertaker; or
(ii) to any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;
(b) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or
(c) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.
(5) If any person wilfully or negligently injures or suffers to be injured any water fitting belonging to a water undertaker, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
(6) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the water undertaker in question; and any such breach of duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.
(7) The amount recoverable by virtue of subsection (6) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.
(8) A water undertaker may—
(a) do all such work as is necessary for repairing any injury done in contravention of subsection (5) above; and
(b) recover the expenses reasonably incurred by the undertaker in doing so from the offender summarily as a civil debt.
(9) In this section “consumer” and “water fitting” have the same meanings as in Part III of this Act; and in subsection (1) above the references to apparatus belonging to a water undertaker do not include references to any meter which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have been fixed by the undertaker by reference to volume.
(1) If any person—
(a) so interferes with a meter used by any relevant undertaker in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or
(b) carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,
he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2) A person shall not be guilty of an offence under this section in respect of anything done by him with the consent under section 176 below of the undertaker which uses the meter.
(1) Where an application is made to any relevant undertaker for a consent for the purposes of section 175 above, the undertaker—
(a) shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and
(b) subject to subsection (2) below, may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision.
(2) On such an application a relevant undertaker shall not refuse its consent, or impose any such condition as is mentioned in subsection (1)(b) above, unless it is reasonable to do so.
(3) Where any relevant undertaker has given a notice to any person imposing any such condition as is mentioned in subsection (1)(b) above, the undertaker—
(a) shall carry out those works as soon as reasonably practicable after giving the notice; and
(b) may recover from that person any expenses reasonably incurred by it in doing so.
(4) Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a) as to whether the undertaker or that other person should bear any expenses under subsection (3) above; or
(b) as to the amount of any expenses to be borne by any person under that subsection,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.
(5) Subsection (3) above shall not apply where the person who was given the notice notifies the undertaker that the carrying out of the works to which the condition relates is no longer required.
(1) A relevant undertaker which carries out any works made necessary by the commission of an offence under section 175 above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.
(2) Any person who sustains any loss or damage in consequence of any failure by any relevant undertaker—
(a) to comply with any obligation imposed on it by section 176 above; or
(b) to exercise reasonable care in the performance of the duty imposed by subsection (3)(a) of that section,
shall be entitled to recover compensation from the undertaker.
(3) Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a) as to whether the undertaker or that other person should bear any expenses under this section;
(b) as to whether the undertaker should pay any compensation under this section; or
(c) as to the amount of any expenses to be borne by any person under this section or as to the amount of any such compensation,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.
(1) A person who wilfully obstructs any person acting in the execution of any of the relevant sewerage provisions shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
(2) If on a complaint made by the owner of any premises, it appears to a magistrates' court that the occupier of those premises is preventing the owner of those premises from carrying out any work which he is required to carry out by or under any of the relevant sewerage provisions, the court may order the occupier to permit the carrying out of the work.
(3) Sections 300 to 302 of the Public Health Act 1936 (which relate to the determination of questions by courts of summary jurisdiction and to appeals against such determinations) shall apply for the purposes of and in relation to the determination under subsection (2) above of any matter by a magistrates' court—
(a) as they apply for the purposes of or in relation to a determination by such a court under that Act; and
(b) in the case of section 302, as if the reference to a decision of a local authority included a reference to a decision of a sewerage undertaker.
(1) Subject to subsection (3) below and to any provision to the contrary contained in an agreement between the relevant undertaker and the person in whom an interest in the pipe or works is or is to be vested—
(a) every relevant pipe which has been laid, in exercise of any power conferred by this Part or otherwise, by a relevant undertaker; and
(b) every sewage disposal works constructed by a sewerage undertaker,
shall vest in the undertaker which laid it or, as the case may be, the undertaker which constructed them.
(2) In addition to the sewers and works which vest in a sewerage undertaker by virtue of subsection (1) above, the following shall also vest in such an undertaker, that is to say—
(a) every sewer or sewage disposal works with respect to which a declaration of vesting made by that undertaker under Chapter II of Part IV of this Act takes effect; and
(b) every sewer which is laid in the area of that undertaker under Part XI of the [1980 c. 66.] Highways Act 1980 (making up private streets) and is not a sewer belonging to a road maintained by a highway authority.
(3) Subsection (1) above shall not apply to a service pipe laid in a street other than the street in which the water main with which it connects is situated and shall not apply to a service pipe laid otherwise than in a street where that pipe is laid—
(a) in pursuance of the duty imposed by virtue of section 46(4) above; or
(b) in substitution for a service pipe belonging to a person other than the person who lays the replacement pipe.
(4) If any water fittings let for hire by a water undertaker are suitably marked, they—
(a) shall continue to be the property of and removable by the undertaker, even if they are fixed to some part of the premises in which they are situated or are laid in the soil under any premises; and
(b) shall not be subject to distress or to the landlord’s remedy for rent or be liable to be taken in execution under any process of any court or in any proceedings in bankruptcy against a person in whose possession they are;
but nothing in this subsection shall affect the valuation for rating of any rateable hereditament.
(5) It is hereby declared that anything which, in pursuance of any arrangements under section 97 above, is done on behalf of a sewerage undertaker by a relevant authority within the meaning of that section is, subject to any provision to the contrary contained in any such arrangements, to be treated for the purposes of this section as done by the undertaker.
(6) The preceding provisions of this section are without prejudice, in relation to any company appointed to be a relevant undertaker, to the vesting of anything in that company by virtue of any scheme under Schedule 2 to this Act or of the exercise by any relevant undertaker of any power to acquire property by agreement or compulsorily.
(7) In this section—
“relevant pipe”—
in relation to a water undertaker, means any water main (including a trunk main), resource main, discharge pipe or service pipe; and
in relation to a sewerage undertaker, means any sewer or disposal main;
and
“water fittings” has the same meaning as in Part III of this Act;
and water fittings let on hire by a water undertaker shall be treated as suitably marked for the purposes of this section if and only if they bear either such a distinguishing metal plate affixed to them or such a distinguishing brand or other mark conspicuously impressed or made on them as sufficiently indicates the undertaker as the actual owner of the fittings.
Water Industry Act 1991