Water Act 1989 (c. 15)

(The document as of February, 2008)

-- Back --

Page 16

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30

in relation to an order under section 51 of this Act, means the Director or a water undertaker; and

(b)

in relation to an order under section 111 of this Act, means the Authority;

and

"the relevant locality"--

(a)

in relation to a proposed order under section 51 of this Act, means the locality which would be affected by the provision proposed to be made by the order; and

(b)

in relation to a proposed order under section 111 of this Act, means the area proposed to be designated as a water protection zone by the order.

Applications for orders

2 (1) Where a relevant authority applies to the Secretary of State for an order to which this Schedule applies, the applicant shall--

(a) submit to the Secretary of State a draft of the order applied for;

(b) publish a notice with respect to the application, at least once in each of two successive weeks, in one or more newspapers circulating in the relevant locality;

(c) not later than the date on which that notice is first published serve a copy of the notice on every local authority and water undertaker whose area includes the whole or any part of that locality; and

(d) publish a notice in the London Gazette which--

(i) states that the draft order has been submitted to the Secretary of State;

(ii) names every local authority on whom a notice is required to be served under this paragraph;

(iii) specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and

(iv) gives the name of every newspaper in which the notice required by virtue of paragraph (b) above was published and the date of an issue containing the notice.

(2) The notice required by virtue of sub-paragraph (1)(b) above to be published with respect to an application for an order shall--

(a) state the general effect of the order applied for;

(b) specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice; and

(c) state that any person may, within that period, by notice to the Secretary of State object to the making of the order.

Supply of copies of draft orders

3 The applicant for an order to which this Schedule applies shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, furnish that person with a copy of the draft order submitted to the Secretary of State under paragraph 2 above.

Modifications of proposals

4 (1) On an application for an order to which this Schedule applies, the Secretary of State may make the order either in the terms of the draft order submitted to him or, subject to sub-paragraph (2) below, in those terms as modified in such manner as he thinks fit, or may refuse to make an order.

(2) The Secretary of State shall not make such a modification of a draft order submitted to him as he considers is likely adversely to affect any persons unless he is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the Secretary of State may have required.

(3) Subject to sub-paragraph (2) above and to the service of notices of the proposed modification on such local authorities as appear to him to be likely to be interested in it, the modifications that may be made by the Secretary of State of a draft order under section 111 of this Act include any modification of the area designated by the draft order as a water protection zone.

Consideration of objections etc.

5 Without prejudice to section 120 of this Act, where an application for an order to which this Schedule applies has been made, the Secretary of State may, if he considers it appropriate to do so, hold a local inquiry before making any order on the application.

Section 69.

SCHEDULE 8 Sewerage Functions

General

1 (1) Subject to the following provisions of this Schedule and to any repeal made by this Act, in the provisions to which this sub-paragraph applies, for any reference which falls to be construed as a reference to a water authority there shall be substituted a reference to a sewerage undertaker, and references falling to be construed as references to the area of a water authority shall have effect accordingly.

(2) Sub-paragraph (1) above applies to--

(a) sections 17 to 19, 21 and 22, 30 and 31, 34, 36, 42 and 48 of the [1936 c. 49.] Public Health Act 1936 (in this Schedule referred to as "the 1936 Act");

(b) the following provisions of Part XII of the 1936 Act so far as they relate to any of the sections specified in paragraph (a) above or to section 27 of that Act, that is to say, sections 275, 276, 278, 283, 291 to 294, 298, 300 to 302, 330 to 334, 339 and 341;

(c) the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937 (in this Schedule referred to as "the 1937 Act"); and

(d) Part V of the [1961 c. 64.] Public Health Act 1961 (in this Schedule referred to as "the 1961 Act").

(3) Sections 284, 290, 304, 305 and 322 to 325 of the 1936 Act (authentication of documents, works notices, judicial disqualification, protection of officers etc. and enforcement powers), so far as they have effect as modified by section 14 of the 1973 Act for the purposes of or in relation to any of the provisions of the 1936 Act to which sub-paragraph (1) above applies, shall have effect as from the transfer date without the modifications made by the said section 14.

The Public Health Act 1936 (c. 49)

2 (1) In section 18 of the 1936 Act (agreements to adopt sewers), after subsection (3) there shall be inserted the following subsections--

" (4) Where--

(a) a person constructing or proposing to construct a drain or sewer or any sewage disposal works has made an application to a sewerage undertaker requesting the undertaker to enter into an agreement under this section;

(b) that application has been accompanied or supplemented by all such information as the undertaker may have reasonably required; and

(c) the undertaker refuses the application, offers to grant it on terms to which that person objects or fails before the expiration of two months from the making of the 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,

that person may appeal to the Minister under this subsection.

(5) On the hearing of an appeal under the preceding subsection, the Minister may uphold the refusal of the undertaker to grant the application or to modify the terms offered or may, on behalf of the undertaker--

(a) refuse the application; or

(b) enter into any agreement into which the undertaker might have entered on the application;

and where under this subsection the Minister enters into any agreement 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.

(6) Subsection (4) of the preceding section shall apply with the necessary modifications in relation to an appeal under subsection (4) of this section as it applies in relation to an appeal under subsection (3) of that section. "

(2) In section 19 of the 1936 Act (power to require sewer or drain to be constructed so as to form part of the general system)--

(a) the words in subsection (2) from "and if" onwards (which confer jurisdiction on magistrates' courts with respect to the recovery of expenses incurred by virtue of that section) shall be omitted; and

(b) for subsection (3) (which makes it an offence not to comply with requirements imposed under that section) there shall be substituted the following subsection--

" (3) The duty under this section 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. "

(3) The power conferred by section 21(1)(a) of the 1936 Act (use of certain drains and sewers for conveying surface water) on local authorities, within the meaning of that Act, shall continue to be exercisable by those authorities, as well as, by virtue of paragraph 1 above, by sewerage undertakers.

(4) In section 22 of the 1936 Act (power to alter or close public sewers), for the words from the beginning to "such public sewer" there shall be substituted the words "A sewerage undertaker may discontinue and prohibit the use of any public sewer vested in the undertaker".

(5) Section 24 of the 1936 Act (power to recover cost of maintaining certain lengths of sewer) shall cease to have effect.

(6) In section 34 of the 1936 Act (right of owners and occupiers to drain into public sewers)--

(a) in subsection (1), for the words from "or the owner" to "thereby" there shall be substituted the words "in the area of a sewerage undertaker or the owner of any private sewer draining premises in the area of such an undertaker shall be entitled to have his drains or sewer communicate with the public sewers of that undertaker and thereby"; and

(b) for subsection (2) (power of owner or occupier to break open any streets) there shall be substituted the following subsection--

" (2) For the purpose of exercising his rights under this section or 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 paragraph 2 of Schedule 19 to the Water Act 1989 (street works); and the provisions of that Act shall apply, with the necessary modifications, in relation to the power conferred by this subsection as they apply in relation to the power conferred by that paragraph. "

(7) In section 36(2) of the 1936 Act (right to demand security for costs of carrying out connection works), for the words from "until" onwards there shall be substituted the words " until either--

(a) 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

(b) there has been given to the undertaker such security for the payment of the cost of the work as it may reasonably have required. "

(8) In section 50(1) of the 1936 Act (overflowing and leaking cesspools), the words "or the water authority for the area" shall be omitted.

(9) Section 287 of the 1936 Act (powers of entry) shall apply in relation to a sewerage undertaker for the purposes of the provisions of that Act to which paragraph 1(1) above applies and of section 27 of that Act as it applies in relation to a local authority for the purposes of the other provisions of that Act but as if--

(a) the reference in that section to an authorised officer of a local authority were a reference to a person designated in writing for the purposes of that section by a sewerage undertaker; and

(b) the words "if so required," were omitted.

(10) Section 181 of this Act shall apply in relation to a local inquiry held by virtue of this Schedule under section 318 of the 1936 Act (local inquiries) as it applies to local inquiries under this Act.

(11) Without prejudice to the powers conferred by virtue of Chapter IV of Part II of this Act, no liability shall arise at any time on or after the transfer date to make a payment by virtue of section 337 of the 1936 Act (saving for certain yearly payments).

(12) In section 343 of the 1936 Act (interpretation), for the definition of "public sewer" there shall be substituted the following definition--

" "public sewer" means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 or 5 to the Water Act 1989 or under section 153 of that Act or otherwise; " .

The Public Health (Drainage of Trade Premises) Act 1937 (c. 40)

3 (1) In section 2 of the 1937 Act (trade effluent notices and consents)--

(a) in subsection (1), for the words from the beginning to "in accordance with", in the first place where it occurs, there shall be substituted the words "An application to a sewerage undertaker for a consent to discharge trade effluent from any trade premises into the public sewer of a sewerage undertaker shall be by";

(b) in subsection (3), for the words from the beginning to "that consent" there shall be substituted the words "The power of a sewerage undertaker to give a consent on an application under subsection (1) of this section shall be a power to give a consent"; and

" (5A) A person guilty of an offence under subsection (5) above shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine. "

(2) On and after the transfer date--

(a) appeals under section 3 of the 1937 Act (appeals in respect of trade effluent notices);

(b) references under section 4 of that Act (disputes under section 43 of the [1974 c. 40.] Control of Pollution Act 1974); and

shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in those provisions and in sections 61, 66 and 68 of the 1961 Act to the Secretary of State shall have effect on and after that date, in relation to any such appeal, reference or application, as references to the Director.

(3) Subject to paragraph 1(6) of Schedule 9 to this Act, the initial period for the purposes of section 3 of the 1937 Act (appeals) shall, in relation to any trade effluent notice, be the period of two months beginning with the day after service of the notice.

(4) On any appeal or reference under section 3 or 7(5) of 1937 Act--

(a) conditions providing for the payment of charges to the sewerage undertaker in question shall not be determined by the Director except in so far as no provision is in force by virtue of a scheme under section 76 of this Act in respect of any such receptions, discharges, removals or disposals of effluent or substances as are of the same description as the reception, discharge, removal or disposal which is the subject-matter of the appeal or reference; and

(b) in so far as any such conditions do fall to be determined by the Director, they shall be determined having regard to the desirability of that undertaker's recovering the expenses of complying with its obligations in consequence of the consent or agreement to which the conditions relate and of securing a reasonable return on its capital;

and, to the extent that paragraph (a) above excludes any charges from a determination on such an appeal or reference, those charges shall be fixed from time to time by a scheme under the said section 76 but not otherwise.

(5) After section 7 of the 1937 Act (certified copies of agreements to be made available for inspection) there shall be inserted the following section--

" 7A Inspection of consents etc

(1) It shall be the duty of every sewerage undertaker to secure that copies of--

(a) every consent given or having effect as if given by the undertaker under this Act;

(b) every agreement entered into or having effect as if entered into by the undertaker under section 7 of this Act;

(c) every direction given or having effect as if given by the undertaker under Part V of the [1961 c. 64.] Public Health Act 1961;

(d) every direction given or having effect as if given by the undertaker in pursuance of section 43(3) of the [1974 c. 40.] Control of Pollution Act 1974; and

(e) every notice served on the undertaker under paragraph 3 of Schedule 9 to the Water Act 1989,

are kept available, at all reasonable times, for inspection by the public free of charge at the offices of the undertaker.

(2) It shall be the duty of every sewerage undertaker, on the payment of such sum as may be reasonable, to furnish a person who requests it with a copy of, or of an extract from, anything kept available for inspection under this subsection.

(3) The duties of a sewerage undertaker under this section shall be enforceable under section 20 of the Water Act 1989 by the Director General of Water Services. "

(6) In section 9(3) of the 1937 Act (offence of failure to provide information etc.), the words from "and to a further" onwards shall be omitted.

(7) The provisions of Part XII of the 1936 Act so far as they have effect by virtue of section 14(2) of the 1937 Act in relation to any enactment contained in the 1937 Act shall so have effect as they have effect, by virtue of the preceding provisions of this Schedule, in relation to the sections specified in paragraph 1(2)(a) above; and, accordingly, the references in section 10 of the 1937 Act to an officer of a water authority shall have effect as references to any such person as is mentioned in paragraph 2(9) above.

The Public Health Act 1961 (c. 64)

4 (1) Sections 12 to 14 of and Schedule 2 to the 1961 Act (contributions to costs of sewering highways etc.) shall cease to have effect.

(2) On and after the transfer date--

(a) appeals under section 60 of the 1961 Act (power to vary conditions); and

(b) applications under section 62 of that Act (power to vary directions),

shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in those provisions and in sections 66 and 68 of that Act to the Secretary of State shall have effect on and after that date, in relation to any such appeal or application, as references to the Director.

(3) Sub-paragraph (4) of paragraph 3 above shall apply with the necessary modifications in relation to an appeal under section 60 of the 1961 Act as it applies in relation to such an appeal or reference as is mentioned in that sub-paragraph.

(4) On and after the transfer date the power under subsection (5) of section 60 of the 1961 Act to give permission for an appeal under that section to be brought more than two months after the giving of a notice of any direction under subsection (1) of that section shall be exercisable only by the Director.

(5) In section 63(1)(a) of the 1961 Act (extension of definition of "trade"), after the words "horticultural purposes" there shall be inserted the words "or for the purposes of fish farming", and after the word "horticulture" in the words after paragraph (b) there shall be inserted the words "fish farming".

(6) The provisions of Part XII of the 1936 Act so far as they have effect by virtue of section 1(3) of the 1961 Act in relation to any enactment contained in Part V of the 1961 Act shall so have effect as they have effect, by virtue of the preceding provisions of this Schedule, in relation to the sections specified in paragraph 1(2)(a) above.

The Control of Pollution Act 1974 (c. 40)

5 (1) In section 43 of the Control of Pollution Act 1974 (control of discharges into sewers)--

(a) for the references in subsections (1) and (6) to a water authority there shall, in relation to any time on or after the transfer date, be substituted references to a sewerage undertaker;

(b) for the references in subsections (3) and (5) to the water authority whose consent for any discharge is deemed to be given by virtue of subsection (2) of that subsection there shall, in relation to any such time, be substituted references to the sewerage undertaker for the area which immediately before that date was that water authority's area for the purposes of section 14 of the 1973 Act; and

(c) for the references in subsection (5) (appeals to the Secretary of State) to the Secretary of State there shall, in relation to any such time, be substituted references to the Director;

and any regulations made under the said subsection (5) and in force immediately before that date shall have effect on and after that date (subject to any revocation or amendment in exercise of the power conferred by that subsection) with such modifications as may be necessary in consequence of paragraphs (a) and (b) above or for the purpose of enabling appeals made on or after that date to be made to and determined by the Director.

(2) In section 44(3) of the said Act of 1974 (regulations with respect to arbitrations) and in any regulations made under that section and in force immediately before the transfer date, for references to a water authority there shall be substituted references to a sewerage undertaker.

(3) In section 45 of the said Act of 1974 (early variations of conditions of discharges), for references to a water authority there shall be substituted references to a sewerage undertaker.

(4) On and after the transfer date appeals under subsection (4) of the said section 45 shall be made to the Director, instead of to the Secretary of State; and, accordingly, references in that subsection to the Secretary of State shall have effect on and after that date as references to the Director.

The Building Act 1984 (c. 55)

6 (1) In subsection (1) of section 18 of the Building Act 1984 (building over a sewer etc.), for the words in paragraph (b) from "sewer or drain" to "sewers" there shall be substituted the words "drain, sewer or disposal main that is shown on any map of sewers or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main".

(2) In subsection (2) of that section (notification to water authority)--

(a) for the words in paragraph (b) from "a water" to "sewers" there shall be substituted the words "a drain, sewer or disposal main that is shown on any map of sewers and is vested in a sewerage undertaker or to erect it on such a site or in such a manner as would result in its interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main"; and

(b) for the words "the water authority" there shall be substituted the words "the sewerage undertaker".

(3) For subsection (3) of that section (directions by water authority) there shall be substituted the following subsection--

" (3) Subject to subsection (4) below, where a sewerage undertaker notifies a local authority of its requirements as to the manner in which the authority are to exercise their functions under subsection (1) above in relation to any case or description of cases affecting any of the undertaker's drains, sewers or disposal mains and those requirements are reasonable, it shall be the duty of the council so to exercise those functions in accordance with those requirements. "

(4) In subsection (4) of that section (appeal to magistrates' court), in paragraph (a) for the words "sewer or drain" there shall be substituted the words "drain, sewer or disposal main" and for paragraph (b) there shall be substituted the following paragraphs--

" (b) whether the site on which or the manner in which it is proposed to erect a building or an extension of a building is such as would result in the building or extension interfering with the use of any such drain, sewer or disposal main or in its obstructing the access of any person to any such drain, sewer or disposal main; or

(d) whether, for the purposes of paragraph (c) above, any requirements notified to a local authority by a sewerage undertaker under subsection (3) above are reasonable, " .

(5) In subsection (5) of that section (interpretation)--

(a) before the definition of "drain" there shall be inserted the following definition--

" "disposal main" has the same meaning as in paragraph 1 of Schedule 19 to the Water Act 1989; "

(b) for paragraph (a) of the definition of "map of sewers" there shall be substituted the following paragraph--

" (a) any records kept by a sewerage undertaker under section 166 of the Water Act 1989 (sewer maps) " .

7 In section 60(4) of the said Act of 1984 (notice of contravention of provisions with respect to the use and ventilation of soil pipes), the words "or the water authority for the area" shall be omitted.

Section 74.

SCHEDULE 9 Control of Exercise of Trade Effluent Functions in Certain Cases

References to the Secretary of State

1 (1) Subject to sub-paragraph (2) below, where--

(a) a trade effluent notice with respect to discharges of any trade effluent to which section 74 of this Act applies is served on a sewerage undertaker under the 1937 Act by the owner or occupier of any trade premises; or

(b) a sewerage undertaker and the owner or occupier of any trade premises are proposing to enter into any agreement under section 7 of that Act with respect to, or to any matter connected with, the reception or disposal of any such effluent,

it shall be the duty of the undertaker to refer to the Secretary of State the question whether the proposed operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

(2) Where a trade effluent notice is served on a sewerage undertaker, the reference required to be made by virtue of sub-paragraph (1)(a) above shall be made before the end of the period of two months beginning with the day after service of the notice, but there shall be no obligation to make such a reference if, before the end of that period, there is a refusal by the sewerage undertaker to give any consent on the application contained in the notice.

(3) If, on an appeal under section 3 of the 1937 Act, it appears to the Director--

(a) that the case is one in which the sewerage undertaker in question is required to make a reference under sub-paragraph (1) above before giving a consent under that Act; and

(b) that the undertaker has not made such a reference, whether because the case falls within sub-paragraph (2) above or otherwise,

the Director shall not be entitled to determine the appeal, otherwise than by upholding a refusal, except where he has himself referred the questions mentioned in sub-paragraph (1) above to the Secretary of State and has been sent a copy of the notice of the Secretary of State's determination on the reference.

(4) Every reference made under this paragraph shall be made in writing and shall be accompanied--

(a) in the case of a reference by virtue of paragraph (a) of sub-paragraph (1) above or sub-paragraph (3) above, by a copy of the trade effluent notice in respect of which the reference is made; and

(b) in the case of a reference by virtue of paragraph (b) of sub-paragraph (1) above, by a copy of the proposed agreement;

and it shall be the duty of a sewerage undertaker where a reference has been made under this paragraph not to give any consent or enter into any agreement with respect to the proposed operations until the Secretary of State serves notice on the sewerage undertaker of his determination on the reference.

(5) It shall be the duty of a sewerage undertaker and of the Director, on making a reference under this paragraph, to serve a copy of the reference on the relevant person; and it shall also be the duty of the Director, on making such a reference, to serve a copy of the reference on the sewerage undertaker in question.

(6) Where a reference is made to the Secretary of State by virtue of sub-paragraph (1)(a) above, the initial period for the purposes of section 3 of the 1937 Act shall not begin to run in relation to the trade effluent notice in respect of which the reference is made until the beginning of the day after the Secretary of State serves notice on the sewerage undertaker in question of his determination on the reference.

Reviews by the Secretary of State

2 (1) Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under paragraph 3 below) either--

(a) for the time being authorised by virtue of a consent under the 1937 Act to make discharges of any trade effluent to which section 74 of this Act applies from those premises into any public sewer of a sewerage undertaker; or

(b) for the time being a party to any agreement under section 7 of that Act with respect to, or to any matter connected with, the reception or disposal of any such effluent,

the Secretary of State may review the question whether the authorised operations should be prohibited and the question whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are carried out.

(2) Subject to sub-paragraph (3) below, the Secretary of State shall not review any question under this paragraph unless--

(a) a period of more than two years has elapsed since the relevant time;

(b) the consent, agreement or variation by virtue of which the authorised operations are carried out--

(i) was given, entered into or made either before the transfer date or in contravention of paragraph 4 below; and

(ii) has not previously been the subject-matter of a review;

(c) there has since the relevant time been a contravention of any provision which was included in that consent, agreement or variation in compliance with a requirement of a notice under paragraph 3 below.

(3) Sub-paragraph (2) above shall not apply if the review is carried out--

(a) for the purpose of enabling Her Majesty's Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party; or

(b) for the protection of public health or of flora and fauna dependent on an aquatic environment.

Determinations on a reference or review

3 (1) On a reference or review under paragraph 1 or 2 above, it shall be the duty of the Secretary of State, before determining the questions which are the subject-matter of the reference or review--

(a) to give an opportunity of making representations or objections to the Secretary of State to the sewerage undertaker in question and to the relevant person; and

(b) to consider any representations or objections which are duly made to him with respect to those questions by that undertaker or by the relevant person and are not withdrawn.

(2) On determining any question on a reference or review under paragraph 1 or 2 above, the Secretary of State shall serve notice on the sewerage undertaker in question and on the relevant person, stating, according to what has been determined--

(a) that the proposed or authorised operations, or such of them as are specified in the notice, are to be prohibited; or

(b) that those operations, or such of them as are so specified, are to be prohibited except in so far as they are carried out in accordance with conditions which consist in or include conditions so specified; or

(c) that the Secretary of State has no objection to those operations and does not intend to impose any requirements as to the conditions on which they are carried out.

(3) Without prejudice to paragraph 4 below, a notice under this paragraph, in addition to containing such provision as is specified in sub-paragraph (2) above, may do one or both of the following, that is to say--

(a) vary or revoke the provisions of a previous notice with respect to the proposed or authorised operations; and

(b) for the purpose of giving effect to any prohibition or other requirement contained in the notice, vary or revoke any actual or deemed consent under the 1937 Act or any agreement under section 7 of that Act.

(4) The Secretary of State shall send a copy of every notice served under this paragraph to the Director.

Effect of determination

4 (1) Where a notice under paragraph 3 above has been served on a sewerage undertaker, it shall be the duty of the undertaker and, in relation to that undertaker, of the Director so to exercise the powers to which this paragraph applies as to secure compliance with the provisions of the notice.

(2) This paragraph applies to the following powers, that is to say--

(a) in relation to a sewerage undertaker, any of its powers under section 2 of the 1937 Act (trade effluent consents) or section 60 of the 1961 Act (variation of conditions) and any power to enter into or vary an agreement under section 7 of the 1937 Act; and

(b) in relation to the Director, any of his powers under the 1937 Act, Part V of the 1961 Act or section 43 of the [1974 c. 40.] Control of Pollution Act 1974.

(3) Nothing in section 59 of the 1961 Act (conditions of consent) shall be construed as restricting the power of the Secretary of State, by virtue of sub-paragraph (2)(b) of paragraph 3 above, to specify such conditions as he considers appropriate in a notice under that paragraph or restricting the power of a sewerage undertaker, for the purpose of complying with this paragraph, to impose any condition specified in such a notice.

Enforcement

5 Any duty of a sewerage undertaker under this Schedule shall be enforceable under section 20 of this Act by the Secretary of State; but where an application is made to the Secretary of State under that section in respect of a failure by a sewerage undertaker to make a reference under paragraph 1 above, the Secretary of State may, instead of making an order under that section, proceed with the matter as if the application were the reference.

Compensation

6 (1) Subject to sub-paragraph (2) below, the Secretary of State shall be liable to pay compensation to the relevant person in respect of any loss or damage sustained by that person as a result of any notice under paragraph 3 above containing the Secretary of State's determination on a review which--

(a) has been carried out by virtue of sub-paragraph (3)(b) of paragraph 2 above; and

(b) but for the said sub-paragraph (3)(b), would have been prohibited by virtue of sub-paragraph (2) of that paragraph.

(2) The Secretary of State shall not be required to pay any compensation under sub-paragraph (1) above if the determination in question is shown to have been given in consequence of--

(a) a change of circumstances which could not reasonably have been foreseen at the relevant time; or

(b) consideration by the Secretary of State of material information which was not reasonably available to him at that time.

(3) Any compensation required to be paid by the Secretary of State under this paragraph shall be paid out of money provided by Parliament.

(4) No person shall be entitled to any compensation under section 45 of the [1974 c. 40.] Control of Pollution Act 1974 (early variation of conditions) in respect of anything done in pursuance of paragraph 4 above.

Power of entry

7 Section 287 of the [1936 c. 49.] Public Health Act 1936 and section 10 of the 1937 Act (powers of entry) shall have effect in relation to the provisions of this Schedule as they have effect, in accordance with paragraph 3(7) of Schedule 8 to this Act, in relation to the 1937 Act but as if the designation required by virtue of paragraph 2(9)(a) of that Schedule were a designation by the Secretary of State.

Power to disclose information obtained under the 1937 Act

8 In section 68(1) of the 1961 Act (restriction on disclosure of information), the references in paragraphs (b) and (c) to the 1937 Act shall include references to this Schedule.

Interpretation

9 In this Schedule--

"the 1937 Act" means the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937;
"the 1961 Act" means the [1961 c. 64.] Public Health Act 1961;
"the authorised operations"--
(a)
in relation to a case in which there is a review by virtue of sub-paragraph (1)(a) of paragraph 2 above, means the discharges to which the review relates; and
(b)
in relation to a case in which there is a review by virtue of sub-paragraph (1)(b) of that paragraph, means such operations for the purposes of, or in connection with, the reception and disposal of trade effluent as are carried out in pursuance of the agreement to which the review relates;
"the proposed operations"--
(a)
in relation to a case in which there is a reference by virtue of sub-paragraph (1)(a) or (3) of paragraph 1 above, means the discharges to which the reference relates; and
(b)
in relation to a case in which there is a reference by virtue of sub-paragraph (1)(b) of that paragraph, means such operations for the purposes of, or in connection with, the reception and disposal of trade effluent as would be carried out in pursuance of the proposed agreement;
"the relevant person", in relation to a reference or review under paragraph 1 or 2 above, means the owner or occupier of the trade premises in question, according to whether the authorised or proposed operations to which the reference or review relates are operations by the owner or occupier or, as the case may be, to whether it is the owner or occupier who is proposing to be or is a party to the agreement to which the reference or review relates;
"the relevant time", in relation to a review of any consent or agreement, means the time or last time when notice of the Secretary of State's determination, on a reference or review under paragraph 1 or 2 above of any question relating to that consent or agreement, was served on the owner or occupier of the trade premises in question;
"trade effluent" and "trade premises" have the same meanings as in the 1937 Act.

Section 78.

SCHEDULE 10 Provisions Relating to Meters etc.

Power of entry for installation etc. of meter

1 (1) Subject to the following provisions of this paragraph, where--

(a) any water undertaker or sewerage undertaker has fixed any charges in relation to any premises by reference to volume or has given notice of its intention of so fixing any charges within the period specified in the notice; and

(b) there is either--

(i) a service pipe which is connected with a water undertaker's water main and by which a supply of water is or could be provided to those premises or to any building in which those premises are contained; or

(ii) a drain or private sewer which connects those premises with a public sewer,

the water undertaker or, as the case may be, the sewerage undertaker shall have power to carry out any works specified in sub-paragraph (3) below; and any person designated in writing for the purpose by the undertaker may enter those premises, or any land occupied with those premises, for any of the purposes specified in sub-paragraph (4) below.

(2) The power under sub-paragraph (1) to carry out works specified in sub-paragraph (3) below shall include power to carry out such works in a street; and the power conferred by virtue of sub-paragraph (1)(d) of paragraph 2 of Schedule 19 to this Act and sub-paragraphs (4) to (6), (8) and (9) of that paragraph and paragraph 3 of that Schedule shall apply in relation to the power conferred by this sub-paragraph as they apply in relation to the powers conferred by the said paragraph 2.

(3) The works mentioned in sub-paragraphs (1) and (2) above are, in relation to any premises--

(a) works consisting in the installation and connection of any meter for use in determining the amount of any charges which have been or may be fixed in relation to the premises;

-- Back --

Stat