Office of Public Sector Information
PART IV continued CHAPTER II continued
(1) Subject to subsection (7) and section 146(3) below, a sewerage undertaker may agree with any person constructing, or proposing to construct—
(a) any sewer; or
(b) any sewage disposal works,
that, if the sewer or works is or are constructed in accordance with the terms of the agreement, the undertaker will, upon the completion of the work, at some specified date or on the happening of some future event, declare the sewer or works to be vested in that undertaker.
(2) A person constructing or proposing to construct a sewer may make an application to a sewerage undertaker requesting the undertaker to make an agreement under this section.
(3) An application under subsection (2) above shall be accompanied and supplemented by all such information as the undertaker may reasonably require; but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application.
(4) Where—
(a) a person who has made an application to a sewerage undertaker under subsection (2) above has failed to comply with his obligation under this section to supplement that application with information required by the undertaker; and
(b) that requirement was made by the undertaker at such a time before the end of the period within which the undertaker is required, by virtue of section 105 below, to respond to the application as gave that person a reasonable opportunity to provide the required information within that period,
the undertaker may delay its response to the application until a reasonable time after the required information is provided.
(5) Any agreement made under this section by a sewerage undertaker shall be enforceable against the undertaker by the owner or occupier for the time being of any premises served by the sewer or works to which it relates.
(6) The preceding provisions of this section shall apply also in relation to drains as if references to a sewer included references to a drain; but it shall be a condition of any agreement under this section with respect to a drain that a declaration shall not be made before the drain has become a sewer.
(7) A sewerage undertaker shall not make an agreement under this section with respect to a sewer, drain or sewage disposal works situated within the area of another sewerage undertaker, until either—
(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 think fit to impose.
(1) An owner of any sewer or sewage disposal works may appeal to the Secretary of State if—
(a) he is aggrieved by the proposal of a sewerage undertaker to make a declaration under section 102 above; or
(b) he is aggrieved by the refusal of a sewerage undertaker to make such a declaration.
(2) Subject to section 104(4) above, a person constructing or proposing to construct a drain or sewer or any sewage disposal works may appeal to the Secretary of State where a sewerage undertaker—
(a) has refused an application under section 104 above;
(b) has offered to grant such an application on terms to which that person objects; or
(c) has failed, before the end of two months from the making of such an application, either to refuse the application or to give notice to the applicant of the terms on which it is prepared to grant the application.
(3) The time for the making of an appeal under subsection (1) above by the owner of any sewer or sewage disposal works shall be–
(a) in the case of an appeal by virtue of paragraph (a) of that subsection, any time within two months after notice of the proposal is served on that owner; and
(b) in the case of an appeal by virtue of paragraph (b) of that subsection, any time after receipt of notice of the undertaker’s refusal or, if no such notice is given, at any time after the end of two months from the making of the application for the declaration.
(4) On the hearing of an appeal under this section, the Secretary of State may—
(a) in the case of an appeal under subsection (1) above, allow or disallow the proposal of the sewerage undertaker or, as the case may be, make any declaration which the sewerage undertaker might have made; or
(b) in the case of an appeal under subsection (2) above—
(i) uphold the refusal of the undertaker to grant the application or to modify the terms offered; or
(ii) on behalf of the undertaker, refuse the application or enter into any agreement into which the undertaker might have entered on the application;
and any declaration made under paragraph (a) above shall have the same effect as if it had been made by the undertaker in question.
(5) Where the Secretary of State makes a declaration under subsection (4)(a) above, he may, if he thinks fit—
(a) specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and
(b) direct that his declaration shall not take effect unless any conditions so specified are accepted.
(6) Where the Secretary of State makes an agreement under subsection (4)(b) above on behalf of a sewerage undertaker, he may do so on such terms as he considers reasonable or, as the case may be, on the terms offered by the undertaker subject to such modifications as he considers appropriate for ensuring that the terms of the agreement are reasonable.
(7) The Secretary of State, in deciding, on an appeal under this section, whether any declaration or agreement should be made, shall have regard to all the circumstances of the case and, in particular, to the considerations specified in section 102(5) above; and for the purposes of this subsection, in its application in relation to an appeal under subsection (2) above, paragraphs (a) to (e) of section 102(5) above shall have effect with the necessary modifications.
(1) Subject to the provisions of this section—
(a) the owner or occupier of any premises in the area of a sewerage undertaker; or
(b) the owner of any private sewer draining premises in the area of any such undertaker,
shall be entitled to have his drains or sewer communicate with the public sewers of that undertaker and thereby to discharge foul water and surface water from those premises or that private sewer.
(2) Subject to the provisions of Chapter III of this Part, nothing in subsection (1) above shall entitle any person—
(a) to discharge directly or indirectly into any public sewer—
(i) any liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process; or
(ii) any liquid or other matter the discharge of which into public sewers is prohibited by or under any enactment; or
(b) where separate public sewers are provided for foul water and for surface water, to discharge directly or indirectly—
(i) foul water into a sewer provided for surface water; or
(ii) except with the approval of the undertaker, surface water into a sewer provided for foul water; or
(c) to have his drains or sewer made to communicate directly with a storm-water overflow sewer.
(3) A person desirous of availing himself of his entitlement under this section shall give notice of his proposals to the sewerage undertaker in question.
(4) At any time within twenty-one days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer is such that the making of the communication would be prejudicial to the undertaker’s sewerage system
(5) For the purpose of examining the mode of construction and condition of a drain or sewer to which a notice under subsection (3) above relates a sewerage undertaker may, if necessary, require it to be laid open for inspection.
(6) Any question arising under subsections (3) to (5) above between a sewerage undertaker and a person proposing to make a communication as to—
(a) the reasonableness of the undertaker’s refusal to permit a communication to be made; or
(b) as to the reasonableness of any requirement under subsection (5) above,
may, on the application of that person, be determined by a magistrates' court.
(7) Sections 300 to 302 of the [1936 c. 49.] 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 a determination on an application under subsection (6) above—
(a) as they apply for the purposes of and in relation to a determination by a magistrates' 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.
(8) Where a person proposes under this section to make a communication between a drain or sewer and such a public sewer in Greater London as is used for the general reception of sewage from other public sewers and is not substantially used for the reception of sewage from private sewers and drains—
(a) the grounds on which a sewerage undertaker may refuse to permit the communication shall be such grounds as the undertaker thinks fit; and
(b) no application to a magistrates' court may be made under subsection (6) above in respect of any refusal under this subsection.
(9) In this section “factory” has the same meaning as in the [1961 c. 34.] Factories Act 1961.
(1) Where a person gives to a sewerage undertaker notice under section 106 above of his proposal to have his drains or sewer made to communicate with a public sewer of that undertaker, the undertaker may—
(a) within fourteen days after the receipt of the notice; or
(b) if any question arising under the notice requires to be determined by a magistrates' court, within fourteen days after the determination of that question,
give notice to that person that the undertaker intends itself to make the communication.
(2) If, after a notice has been given to any person under subsection (1) above, that person proceeds himself to make the communication, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(3) Where a sewerage undertaker has given a notice under subsection (1) above—
(a) the undertaker shall have all such rights in respect of the making of the communication as the person desiring it to be made would have; but
(b) it shall not be obligatory on the undertaker to make the communication until either—
(i) there has been paid to the sewerage undertaker any such sum, not exceeding the undertaker’s reasonable estimate of the cost of the work, as the undertaker may have required to be paid to it; or
(ii) there has been given to the undertaker such security for the payment of the cost of the work as it may reasonably have required.
(4) If any payment made to a sewerage undertaker under subsection (3) above exceeds the expenses reasonably incurred by it in the carrying out of the work in question, the excess shall be repaid by the undertaker; and, if and so far as those expenses are not covered by such a payment, the undertaker may recover the expenses, or the balance of them, from the person for whom the work was done.
(5) Sections 291, 293 and 294 of the [1936 c. 49.] Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.
(6) For the purposes of this section, the making of the communication between a drain or private sewer and a public sewer includes all such work as involves the breaking open of a street.
(1) Where a sewerage undertaker does not under section 107 above elect itself to make a communication to which a person is entitled under section 106 above, the person making it shall—
(a) before commencing the work, give reasonable notice to any person directed by the undertaker to superintend the carrying out of the work; and
(b) afford any such person all reasonable facilities for superintending the carrying out of the work.
(2) For the purpose—
(a) of exercising his rights under section 106 above; or
(b) of examining, repairing or renewing any drain or private sewer draining his premises into a public sewer,
the owner or occupier of any premises shall be entitled to exercise the same powers as, for the purpose of carrying out its functions, are conferred on a sewerage undertaker by sections 158 and 161(1) below.
(3) The provisions of Part VI of this Act shall apply, with the necessary modifications, in relation to the power conferred by subsection (2) above as they apply in relation to the power conferred by sections 158 and 161(1) below.
(1) Any person who causes a drain or sewer to communicate with a public sewer—
(a) in contravention of any of the provisions of section 106 or 108 above; or
(b) before the end of the period mentioned in subsection (4) of that section 106,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(2) Whether proceedings have or have not been taken by a sewerage undertaker in respect of an offence under this section, such an undertaker may—
(a) close any communication made in contravention of any of the provisions of section 106 or 108 above; and
(b) recover from the offender any expenses reasonably incurred by the undertaker in so doing.
(3) Sections 291, 293 and 294 of the [1936 c. 49.] Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.
(1) Where any part of a sewer is vested in a sewerage undertaker by virtue of section 70 of the [1989 c. 15.] Water Act 1989 (cross boundary sewers), the terms on which that part of that sewer—
(a) communicates with such parts of that sewer or of any other sewer; or
(b) discharges into any such sewage disposal works,
as immediately before 1st September 1989 were vested in the same water authority as that part of that sewer but, by virtue of that section, are vested in another sewerage undertaker shall be determined, in default of agreement, by the Director.
(2) A determination by the Director under this section shall have effect as an agreement between the sewerage undertakers in question but may be varied or revoked by a subsequent determination made by the Director on the application of either of those undertakers, as well as by agreement between the undertakers.
(3) In making a determination under this section, the Director shall have regard to the desirability of a sewerage undertaker’s recovering the costs resulting from its allowing the sewers of other sewerage undertakers to communicate with its sewers or to discharge into its sewage disposal works and of its securing a reasonable return on its capital.
(1) Subject to the provisions of Chapter III of this Part, no person shall throw, empty or turn, or suffer or permit to be thrown or emptied or to pass, into any public sewer, or into any drain or sewer communicating with a public sewer—
(a) any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents; or
(b) any such chemical refuse or waste steam, or any such liquid of a temperature higher than one hundred and ten degrees Fahrenheit, as by virtue of subsection (2) below is a prohibited substance; or
(c) any petroleum spirit or carbide of calcium.
(2) For the purposes of subsection (1) above, chemical refuse, waste steam or a liquid of a temperature higher than that mentioned in that subsection is a prohibited substance if (either alone or in combination with the contents of the sewer or drain in question) it is or, in the case of the liquid, is when so heated—
(a) dangerous;
(b) the cause of a nuisance; or
(c) injurious, or likely to cause injury, to health.
(3) A person who contravenes any of the provisions of this section shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum and to a further fine not exceeding £50 for each day on which the offence continues after conviction;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4) For the purposes of so much of subsection (3) above as makes provision for the imposition of a daily penalty—
(a) the court by which a person is convicted of the original offence may fix a reasonable date from the date of conviction for compliance by the defendant with any directions given by the court; and
(b) where a court has fixed such a period, the daily penalty shall not be imposed in respect of any day before the end of that period.
(5) In this section the expression “petroleum spirit” means any such—
(a) crude petroleum;
(b) oil made from petroleum or from coal, shale, peat or other bituminous substances; or
(c) product of petroleum or mixture containing petroleum,
as, when tested in the manner prescribed by or under the [1928 c. 32.] Petroleum (Consolidation) Act 1928, gives off an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit.
(1) Where—
(a) a person proposes to construct a drain or sewer; and
(b) a sewerage undertaker considers that the proposed drain or sewer is, or is likely to be, needed to form part of a general sewerage system which that undertaker provides or proposes to provide,
the undertaker may require that person to construct the drain or sewer in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise, from the manner in which that person proposes, or could otherwise be required by the undertaker, to construct it.
(2) If any person on whom requirements are imposed under this section by a sewerage undertaker is aggrieved by the requirements, he may within twenty-eight days appeal to the Secretary of State.
(3) On an appeal under subsection (2) above with respect to any requirements, the Secretary of State may either disallow the requirements or allow them with or without modification.
(4) It shall be the duty of a person on whom requirements are imposed by a sewerage undertaker under this section to comply with those requirements.
(5) The duty of any person by virtue of subsection (4) above to comply with the requirements of a sewerage undertaker shall be owed to the undertaker; and any breach of that duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.
(6) A sewerage undertaker which exercises the powers conferred on it by this section shall—
(a) repay to the person constructing the drain or sewer the extra expenses reasonably incurred by that person in complying with the undertaker’s requirements; and
(b) until the drain or sewer becomes a public sewer, from time to time repay to that person so much of any expenses reasonably incurred by him in repairing or maintaining the drain or sewer as may be attributable to the undertaker’s requirements having been imposed and complied with.
(7) Nothing in this section shall apply in relation to so much of any drain or sewer as is proposed to be constructed by any railway undertakers or dock undertakers in or on land which—
(a) belongs to them; and
(b) is held or used by them for the purposes of their undertaking.
(1) Where any premises have a drain or sewer communicating with a public sewer or a cesspool, but that system of drainage, though sufficient for the effectual drainage of the premises—
(a) is not adapted to the general sewerage system of the area; or
(b) is, in the opinion of the sewerage undertaker for the area, otherwise objectionable,
the undertaker may, at its own expense, close the existing drain or sewer and fill up the cesspool, if any, and do any work necessary for that purpose.
(2) The power conferred on a sewerage undertaker by subsection (1) above shall be exercisable on condition only that the undertaker first provides, in a position equally convenient to the owner of the premises in question, a drain or sewer which—
(a) is equally effectual for the drainage of the premises; and
(b) communicates with a public sewer.
(3) A sewerage undertaker which proposes to carry out any work under this section shall give notice of its proposals to the owner of the premises in question.
(4) If the owner of the premises is aggrieved by the proposals, whether as regards the position or the sufficiency of the drain or sewer proposed to be provided for the drainage of the premises, he may appeal to a magistrates' court.
(5) Sections 300 to 302 of the [1936 c. 49.] Public Health Act 1936 (which relate to the determination of questions by courts of summary jurisdiction and to appeals against such determinations) shall apply in relation to an appeal under subsection (4) above and to any determination on such an appeal—
(a) as they apply in relation to appeals against any decision of a local authority under that Act and to determinations on any such appeal; 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.
(6) The Secretary of State may by regulations make provision with respect to consents and the conditions of consents for discharges of trade effluent into the sewer of a sewerage undertaker through a drain or sewer provided in pursuance of this section.
(7) In this section—
“cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and
“trade effluent” has the same meaning as in Chapter III of this Part.
(1) Where it appears to a sewerage undertaker that there are reasonable grounds for believing—
(a) that any drain connecting with a public sewer, or any private sewer so connecting, is in such a condition as to be injurious or likely to cause injury to health or as to be a nuisance; or
(b) that any such drain or private sewer is so defective as to admit subsoil water,
the undertaker may examine the condition of the drain or sewer and, for that purpose, may apply any test, other than a test by water under pressure and, if the undertaker deems it necessary, open the ground.
(2) If on examination the drain or sewer is found to be in proper condition, the undertaker shall, as soon as possible, reinstate any ground which has been opened by it and make good any damage done by the undertaker.
(1) Subject to the provisions of this section, a relevant authority and a sewerage undertaker may agree that—
(a) any drain or sewer which is vested in the authority in their capacity as a highway authority may, upon such terms as may be agreed, be used by the undertaker for the purpose of conveying surface water from premises or streets;
(b) any public sewer vested in the undertaker may, upon such terms as may be agreed, be used by the authority for conveying surface water from roads repairable by the authority.
(2) Where a sewer or drain with respect to which a relevant authority and a sewerage undertaker propose to make an agreement under this section discharges, whether directly or indirectly, into the sewers or sewage disposal works of another sewerage undertaker, the agreement shall not be made without the consent of that other undertaker.
(3) Subject to subsection (4) below, a consent given by a sewerage undertaker for the purposes of subsection (2) above may be given on such terms as that undertaker thinks fit.
(4) Neither a relevant authority nor a sewerage undertaker shall—
(a) unreasonably refuse to enter into an agreement for the purposes of this section; or
(b) insist unreasonably upon terms unacceptable to the other party;
and a sewerage undertaker shall not unreasonably refuse to consent to the making of such an agreement or insist unreasonably upon terms unacceptable to either party.
(5) Any question arising under this section as to whether or not any authority or undertaker is acting unreasonably shall be referred to the Secretary of State, whose decision shall be final.
(6) The powers by virtue of paragraph (a) of subsection (1) above of a relevant authority and a sewerage undertaker to enter into an agreement shall be exercisable by two relevant authorities as they would be exercisable if one of them were a sewerage undertaker.
(7) Nothing in this section shall be construed as limiting the rights of a relevant authority under section 264 of the [1980 c. 66.] Highways Act 1980.
(8) Part XII of the [1936 c. 49.] Public Health Act 1936 shall apply for the purposes of the provisions of this section which confer functions on relevant authorities as they apply for the purposes of the provisions of that Act.
(9) In this section “relevant authority” means a county council or any local authority except a non-metropolitan district council.
(10) The provisions of this section are subject to the provisions of section 146(4) below.
(1) Subject to subsection (3) below, a sewerage undertaker may discontinue and prohibit the use of any public sewer which is vested in the undertaker.
(2) A discontinuance or prohibition under this section may be for all purposes, for the purpose of foul water drainage or for the purpose of surface water drainage.
(3) Before any person who is lawfully using a sewer for any purpose is deprived under this section by a sewerage undertaker of the use of the sewer for that purpose, the undertaker shall—
(a) provide a sewer which is equally effective for his use for that purpose; and
(b) at the undertaker’s own expense, carry out any work necessary to make that person’s drains or sewers communicate with the sewer provided in pursuance of this subsection.
(1) In this Chapter, except in so far as the context otherwise requires—
“dock undertakers” means persons authorised by any enactment, or by any order, rule or regulation made under any enactment, to construct, work or carry on any dock, harbour, canal or inland navigation;
“domestic sewerage purposes”, in relation to any premises, means any one or more of the following purposes, that is to say—
the removal, from buildings on the premises and from land occupied with and appurtenant to the buildings, of the contents of lavatories;
the removal, from such buildings and from such land, of water which has been used for cooking or washing; and
the removal, from such buildings and such land, of surface water;
but does not, by virtue of paragraph (b) of this definition, include the removal of any water used for the business of a laundry or for a business of preparing food or drink for consumption otherwise than on the premises.
(2) References in this Chapter to the construction of a sewer or of any sewage disposal works include references to the extension of any existing sewer or works.
(3) In this Chapter “local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.
(4) Every application made or consent given under this Chapter shall be made or given in writing.
(5) Nothing in sections 102 to 109 above or in sections 111 to 116 above shall be construed as authorising a sewerage undertaker to construct or use any public or other sewer, or any drain or outfall—
(a) in contravention of any applicable provision of the [1991 c. 57.] Water Resources Act 1991; or
(b) for the purpose of conveying foul water into any natural or artificial stream, watercourse, canal, pond or lake, without the water having been so treated as not to affect prejudicially the purity and quality of the water in the stream, watercourse, canal, pond or lake.
(6) A sewerage undertaker shall so carry out its functions under sections 102 to 105, 112, 115 and 116 above as not to create a nuisance.
(1) Subject to the following provisions of this Chapter, the occupier of any trade premises in the area of a sewerage undertaker may discharge any trade effluent proceeding from those premises into the undertaker’s public sewers if he does so with the undertaker’s consent.
(2) Nothing in this Chapter shall authorise the discharge of any effluent into a public sewer otherwise than by means of a drain or sewer.
(3) The following, that is to say—
(a) the restrictions imposed by paragraphs (a) and (b) of section 106(2) above; and
(b) section 111 above so far as it relates to anything falling within paragraph (a) or (b) of subsection (1) of that section,
shall not apply to any discharge of trade effluent which is lawfully made by virtue of this Chapter.
(4) Accordingly, subsections (3) to (8) of section 106 above and sections 108 and 109 above shall have effect in relation to communication with a sewer for the purpose of making any discharge which is lawfully made by virtue of this Chapter as they have effect in relation to communication with a sewer for the purpose of making discharges which are authorised by subsection (1) of section 106 above.
(5) If, in the case of any trade premises, any trade effluent is discharged without such consent or other authorisation as is necessary for the purposes of this Chapter, the occupier of the premises shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
Water Industry Act 1991