Water Act 2003 (c. 37)

(The document as of February, 2008)

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(ii) in paragraph (c), after "sewer" there is inserted "or lateral drain",

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

(e) in subsection (6), after "sewer" in both places there is inserted "or lateral drain".

(2) In section 103 of the WIA (adoption of cross-border sewers etc)--

(a) in subsection (1), the word "or" at the end of paragraph (a) is omitted and after that paragraph there is inserted--

" (aa) any lateral drain which is situated within the area of another sewerage undertaker or which, though situated within its own area, communicates or is to communicate with a public sewer which is situated within or serves the whole or any part of the area of another sewerage undertaker; or " ,

(b) for subsection (3) there is substituted--

" (3) Where--

(a) a sewer (or part of a sewer) or a lateral drain is vested, or any sewage disposal works are vested, in a relevant body; and

(b) in the case of a sewer, part of a sewer, lateral drain or works vested in railway undertakers or dock undertakers, the sewer, part or lateral drain in question is, or the works are, situated in or on land belonging to those undertakers and held or used by them for the purposes of their undertaking,

a sewerage undertaker shall not make a declaration under section 102 above with respect to (as the case may be) the sewer, or part of it, or the lateral drain or the works, except on the application of the relevant body concerned. " ,

(3) Sections 102 and 103 of the WIA (adoption of sewers etc), as amended by subsections (1) and (2) above, do not apply to any lateral drains (as mentioned in those sections) the construction of which was completed before the coming into force of subsections (1) and (2) above.

(4) Section 104 of the WIA (agreements to adopt sewer etc at future date) is amended as follows--

(a) for subsection (1) there is substituted--

" (1) Subject to subsection (7) and section 146(3) below, a sewerage undertaker may agree with--

(a) any person constructing or proposing to construct--

(i) any sewer;

(ii) any drain which is intended to communicate with a public sewer vested in that undertaker; or

(iii) any sewage disposal works; or

(b) any person at whose expense the undertaker is, by virtue of an agreement under section 160 below, to carry out work in connection with the construction of such a drain or sewer,

that, if the sewer, drain or sewage disposal works is or are constructed in accordance with the terms of the agreement, the undertaker will, upon completion of the work, at some specified date or on the happening of some future event, declare the sewer or such part of the drain as constitutes the lateral drain or the works (as the case may be) to be vested in that undertaker. " ,

(b) in subsection (2), for "constructing or proposing to construct a sewer" there is substituted "mentioned in paragraph (a) or (b) of subsection (1) above",

(d) subsection (6) is omitted,

(e) after subsection (6) there is inserted--

" (6A) Without limiting the terms which may be included in an agreement under this section, the terms of an agreement which relates to a drain may include in particular--

(a) identification of that part of the drain which constitutes the lateral drain for the purposes of the agreement and, in particular, the point or points of connection between that part and the remainder of the drain;

(b) a requirement for the installation of an inspection chamber, at the expense of the person with whom the sewerage undertaker is to make the agreement, at a place specified in the agreement;

(c) provision, if the inspection chamber is constructed in accordance with the terms of the agreement, for the undertaker to declare that the inspection chamber be vested in the undertaker at the same time as the lateral drain; and

(d) provision for the lateral drain, once vested in the undertaker, to communicate with a public sewer at the place or places specified in the agreement. " ,

(f) for subsection (7) there is substituted--

" (7) A sewerage undertaker shall not make an agreement under this section with respect to--

(a) a sewer, drain or sewage disposal works situated within the area of another sewerage undertaker; or

(b) a drain which is intended to communicate with a sewer which--

(i) is so situated; or

(ii) is vested in another sewerage undertaker,

until one of the conditions mentioned in subsection (8) below is satisfied.

(8) The conditions are--

(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. "

(5) In section 105 of the WIA (appeals with respect to adoption)--

(a) in subsection (1), after "sewer" there is inserted ", lateral drain",

(b) in subsection (3), after "sewer" there is inserted ", lateral drain".

97 Requisitioning and adoption of lateral drains: supplementary

(1) The WIA is amended as follows.

(2) In section 36 (interpretation of Part 2 of the WIA)--

(a) in subsection (3)(b)(i), after "sewer" there is inserted "or drain",

(b) for the definition of "relevant sewer" in subsection (4) there is substituted--

" "relevant sewer or drain", in relation to any appointment or variation which would replace a company as a sewerage undertaker, means any of the following, that is to say--

(a) a public sewer or lateral drain vested in that company;

(b) a sewer or lateral drain in relation to which that company has made a declaration of vesting under section 102 below which has not yet taken effect;

(3) In section 94 (general duty to provide sewerage system), in paragraph (a) of subsection (1), after "those sewers" there is inserted "and any lateral drains which belong to or vest in the undertaker".

(4) In section 158 (powers to lay pipes in streets), for paragraph (b) of subsection (7) there is substituted--

" (b) in relation to a sewerage undertaker, as references to--

(i) any sewer or disposal main; or

(ii) in relation to the exercise of a power to lay a pipe under paragraph (a) of subsection (1) above or a power related to that power under paragraph (c) of that subsection, any lateral drain which the undertaker is to lay by virtue of section 98 or 101B above; or

(iii) in relation to the exercise of any other power under subsection (1) above, any lateral drain which belongs to or is vested for the time being in the undertaker. "

(5) In section 159 (power to lay pipes in other land), in subsection (7), at the end there is added "(reading references there to subsection (1) as references to subsection (1) of this section).".

(6) In section 171 (entry for sewerage purposes), in subsection (3), for "a private drain or sewer" there is substituted "a drain or private sewer".

(7) In section 179 (vesting of works in undertaker)--

(a) in paragraph (a) of subsection (2), after "sewer" there is inserted ", lateral drain",

(b) in subsection (7), in paragraph (b) of the definition of "relevant pipe", after "sewer" there is inserted ", lateral drain".

(8) In section 199 (sewer maps), in subsection (1)--

(a) in paragraph (a), after "sewer" there is inserted ", lateral drain",

(b) in paragraph (b), after "sewer" there is inserted "or lateral drain".

(9) In section 219 (general interpretation)--

(a) in subsection (1), after the definition of "inland waters" there is inserted--

" "lateral drain" means--

(a) that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate; or

(b) (if different and the context so requires) the part of a drain identified in a declaration of vesting made under section 102 above or in an agreement made under section 104 above; " ,

(b) in subsection (3), after "sewer," there is inserted "lateral drain,".

(10) In Schedule 12 (compensation etc in respect of pipe-laying and other works powers), in sub-paragraph (5) of paragraph 4, after "sewer" there is inserted ", lateral drain".

98 Schemes for the adoption of sewers, lateral drains and sewage disposal works

After section 105 of the WIA there is inserted--

" 105A Schemes for the adoption of sewers, lateral drains and sewage disposal works

(1) The Secretary of State may by regulations provide for him to make schemes for the adoption by sewerage undertakers of sewers, lateral drains and sewage disposal works of the descriptions set out in paragraphs (a), (aa) and (b) of section 102(1) above.

(2) The regulations may require sewerage undertakers to prepare draft schemes and to submit them to the Secretary of State.

(3) Each scheme shall relate to--

(a) the area of a sewerage undertaker, or part or parts of it; or

(b) the areas of more than one sewerage undertaker, or part or parts of them.

(4) It shall be the duty of a sewerage undertaker, in specified circumstances, to exercise its powers under section 102 above with a view to making the declaration referred to in subsection (1) of that section in relation to sewers, lateral drains or sewage disposal works which--

(a) fall within the area to which a scheme relates; and

(b) satisfy specified criteria.

(5) The circumstances and the criteria shall each be--

(a) specified in the regulations; or

(b) determined in accordance with the regulations and specified in the scheme.

(6) In relation to the exercise of those powers pursuant to that duty--

(a) section 102 above shall have effect--

(i) with the omission of subsections (2), (5) and (7);

(ii) as if in subsection (1) the words "sections 103, 105 and 146(3) below" read "section 105B below";

(iii) with the omission of the words "or application" in subsection (3);

(iv) as if for subsection (4)(a) there were substituted--

" (a) shall give notice of its proposal to the owner or owners of the sewer, lateral drain or works in question unless, after diligent enquiry, he or they cannot be traced;

(aa) shall publish notice of its proposal in the prescribed manner; and " ;

(v) as if in subsection (4)(b) "two months" read "two months or, if longer, the period specified by virtue of section 105B(5) below" and "section 105 below" read "section 105B(4) or (5) below, or"; and

(vi) as if section 96(3) of the Water Act 2003 did not apply;

(b) sections 103 and 105 above shall not apply; and

(c) if the regulations so provide, section 146(3) below shall not apply in circumstances or cases specified in the regulations.

(7) A duty imposed on a sewerage undertaker under subsection (4) above shall be enforceable by the Secretary of State under section 18 above.

(8) A statutory instrument containing regulations under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

105B Adoption schemes: appeals

(1) Any person falling within subsection (2) below may appeal to the Authority if he is aggrieved by--

(a) the proposal of a sewerage undertaker to make a declaration under section 102 above in relation to a sewer, lateral drain or sewage disposal works, pursuant to the undertaker's duty to do so under section 105A(4) above (the "relevant duty"); or

(b) the failure of a sewerage undertaker to make such a proposal pursuant to that duty.

(2) The persons referred to are--

(a) an owner of a sewer, lateral drain or sewage disposal works;

(b) any other person affected by the proposal, or the failure, in question.

(3) The grounds upon which a person may appeal are--

(a) in a subsection (1)(a) case, that the relevant duty is not owed in relation to the sewer, lateral drain or sewage disposal works, or that the making of the proposed declaration would be seriously detrimental to him;

(b) in a subsection (1)(b) case, that the relevant duty is owed in relation to the sewer, lateral drain or sewage disposal works; or

(4) An appeal under subsection (1)(a) above shall be made within two months after notice of the proposal is--

(a) served on the owner of the sewer, lateral drain or sewage disposal works; or

(b) published in accordance with section 102(4) above as modified by section 105A(6) above,

(or, if both occur, within two months after whichever is the later).

(5) An appeal under subsection (1)(b) above shall be made within such period as is specified in the scheme (not being less than two months).

(6) On the hearing of an appeal under subsection (1) above, the Authority may--

(a) in a subsection (1)(a) case, allow or disallow the proposal of the sewerage undertaker; or

(b) in a subsection (1)(b) case, determine that the undertaker was not under the relevant duty in relation to the sewer, lateral drain or sewage disposal works in question,

or, in either case, make any declaration that the sewerage undertaker might have made, unless the proposal is disallowed.

(7) If, in a subsection (1)(a) case, the Authority finds that the making of the proposed declaration would be seriously detrimental to the appellant, it shall disregard any duty on the part of the sewerage undertaker to make the proposal for the purpose of determining whether to allow or disallow the proposal.

(8) If, in a subsection (1)(a) case, the Authority disallows the proposal of the sewerage undertaker, the scheme pursuant to which it was made shall have effect as if there were no duty under section 105A(4) above on the sewerage undertaker in relation to the sewer, lateral drain or sewage disposal works in question.

(9) Where the Authority makes a declaration under subsection (6) above, it may, if it thinks fit--

(a) specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and

(b) direct that its declaration shall not take effect unless any conditions so specified are accepted.

(10) A declaration made under subsection (6) above shall have the same effect as if it had been made by the undertaker.

(11) The Secretary of State may by regulations make further provision in connection with appeals under this section.

(12) The regulations may, in particular, require the Authority to have regard to prescribed matters when determining an appeal under this section.

105C Adoption schemes: supplementary

(1) The Secretary of State may vary any scheme, or revoke it.

(2) Before making regulations or any scheme under section 105A above, and before amending or revoking the regulations or varying or revoking a scheme, the Secretary of State shall consult--

(a) each sewerage undertaker which would be affected;

(b) the Authority;

(d) such other persons as the Secretary of State considers appropriate.

(3) The Secretary of State shall publish each scheme he makes, and any such scheme as varied, in the way he considers best for the purpose of bringing it to the attention of those likely to be affected by it. "

99 Communication with public sewers

(1) Section 106 of the WIA (right to communicate with public sewers) is amended as follows.

(2) After subsection (1) there is inserted--

" (1A) In this section, and in sections 107 to 109, 111, 113 to 116, 118, 119, 124, 127, 139 and 146 below--

(a) references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and

(b) for the purposes of paragraph (a) above--

(i) a "public lateral drain" is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under section 102 above or under an agreement made under section 104 above; and

(ii) "sewer standards" means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer. "

(3) In subsection (4), for "is such that the making of the communication would be prejudicial to the undertaker's sewerage system" there is substituted--

" (a) does not satisfy the standards reasonably required by the undertaker; or

(b) is such that the making of the communication would be prejudicial to the undertaker's sewerage system. "

(4) After subsection (5) there is inserted--

" (5A) Where the sewer or drain satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain be vested in it by virtue of a declaration under section 102 above. "

(5) In subsection (6)--

(a) for "(3) to (5)" there is substituted "(3) to (5A)",

(b) in paragraph (b), after "(5)" there is inserted "or (5A)",

(c) at the end there is added "(and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above)."

(6) In section 219 of the WIA (general interpretation), in the definition of "public sewer", after "means" there is inserted "(subject to section 106(1A) above)".

Part 4 Supplementary

100 Devolution: Wales

(1) In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (referred to in this section as "the Order"), at the end there is inserted "except section 12A(4).".

(2) The entry relating to the WIA in Schedule 1 to the Order is amended as follows--

(a) in the list of sections conferring on the Secretary of State functions which are not transferred by the Order--

(i) after "sections 1," there is inserted "2A,",

(ii) for "17" there is substituted "16A, 17 to 17D, 17F to 17K, 17N to 17P, 17R, 22A to 22F,",

(iii) after "27(3)," there is inserted "27A, 27B, 27E, 27G, 27I to 27K, 29, 29A,",

(iv) after "35," there is inserted "38B, 66B, 66F to 66L, 86(1A), 87B, 88A, 89,",

(v) after "92," there is inserted "95B,",

(vi) after "152(2)," there is inserted "192A, 192B,",

(vii) before "206(3)(e)" there is inserted "195A,",

(viii) after "Schedules 1" there is inserted ", 1A, 3A,",

(ix) at the end there is inserted "and except functions under such other sections or Schedules as are expressly stated in the succeeding paragraphs to be so excepted (but only to the extent stated).",

(b) in the paragraph relating to functions under sections 2, 5 (etc)--

(i) the reference to section 2 is omitted,

(ii) the reference to sections 18 to 22 is omitted,

(iii) for "37 to 39" there is substituted "37, 38, 39, 51A",

(iv) the reference to sections 68 to 70 is omitted,

(v) the reference to section 93A is omitted,

(vi) for "94 to 96," there is substituted "94, 95, 96,",

(vii) after "104," there is inserted "105A to 105C,",

(viii) for "198 to 203" there is substituted "198 to 200",

(ix) the reference to section 205 is omitted,

(x) at the end there is inserted "(but not in relation to any licensed water suppliers).",

(d) before the paragraph relating to functions under section 67 there is inserted--

" Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to 203 are transferred to the Assembly in relation to--

(a) any water or sewerage undertaker whose area is wholly or mainly in Wales;

(b) any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and

(c) in the case of functions under section 70, any other person who is a relevant person (as defined in that section) in relation to any such undertaker or licensed water supplier. " ,

(e) in the paragraph relating to functions under section 67, for paragraphs (a) and (b) there is substituted--

" (a) for the making of regulations concerning water supplied using the supply system of a water undertaker, the function is transferred in relation to the supply system of any water undertaker whose area is wholly or mainly in Wales;

(b) for the making of regulations concerning water supplied other than using the supply system of a water undertaker, the function is transferred in relation to Wales. " ,

(f) in the paragraph relating to functions under sections 3, 86 (etc), for "86" there is substituted "86 (except subsection (1A))",

(g) after that paragraph there is inserted--

" In respect of the functions under sections 37A to 37D, 39B and 39C it is provided as follows--

(a) functions under those provisions so far as relating to matters concerning the construction or enlargement of reservoirs are transferred to the Assembly in relation to Wales;

(b) functions under those provisions so far as relating to matters other than the construction or enlargement of reservoirs are transferred to the Assembly in relation to any water undertaker whose area is wholly or mainly in Wales; and

(c) the functions of the Assembly referred to in paragraph (b) above so far as they are exercisable in relation to England shall be exercisable only after consultation with the Secretary of State. " ,

(h) in the paragraph relating to section 152(1), after "Wales" there is inserted "or (so far as relating to licensed activities using the supply system of any such water undertaker) any licensed water supplier",

(i) for the paragraph relating to section 208 there is substituted--

" In respect of the functions under section 208 it is provided as follows--

(a) the functions under that section of giving directions for the purpose of mitigating the effects of any civil emergency and the function (in the case of sub-paragraphs (i) and (ii) below) of enforcing such directions are transferred to the Assembly--

(i) in relation to any water or sewerage undertaker whose area is wholly or mainly in Wales;

(ii) in relation to any licensed water supplier so far as relating to licensed activities using the supply system of any such water undertaker; and

(iii) in relation to the Consumer Council for Water so far as relating to its functions in connection with any such water undertaker; and

(b) it is directed that the other functions under that section shall be exercisable by the Assembly concurrently with the Secretary of State in relation to the bodies and so far as mentioned in paragraph (a)(i) to (iii) above. " ,

(j) in the paragraph relating to Article 2(c), at the end there is inserted "or any licensed water supplier using the supply system of any such water undertaker.".

(3) In Schedule 2 to the Order, after the entry relating to the Environmental Protection Act 1990 there is inserted a new entry as follows--

" Water Industry Act 1991 c 56

The functions of the Secretary of State under sections 37A to 37D, 39B and 39C so far as relating to matters other than the construction or enlargement of reservoirs shall be exercisable only after consultation with the Assembly. "

(4) The entry relating to the WRA in Schedule 1 to the Order is amended as follows--

(a) in the paragraph referring to the functions of a Minister of the Crown under sections 20(3) and 75(5)(c), after "20(3)" there is inserted ", 20B(3)", and

(b) in the list of provisions under which there are transferred functions of the Secretary of State to which paragraph 6 of Schedule 3 to the Government of Wales Act 1998 (c. 38) is applied, in the appropriate places there is inserted--

(i) "section 27A and (so far as it relates to section 27A) Schedule 6,"

(ii) "section 33A,"

(iii) "section 51(1C) to 51(1F),",

and in the entry in that list relating to section 161C, after "regulations)" there is inserted ", but not including section 161C as applied by section 25B.".

(5) The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the Order is amended as follows--

(a) after paragraph (e) in the list of sections conferring functions which are not transferred by the Order there is inserted--

" (f) functions exercisable by the Secretary of State in pursuance of sub-paragraph (bb) of the definition of "the relevant Minister" in paragraph 1(5) of Schedule 4;

(g) the function of the Secretary of State under section 16A(5)(a); " ,

(b) after paragraph (e) of the list of functions which are transferred not in relation to Wales but in the manner specified there is inserted--

" (ea) functions under section 18A are transferred to the Assembly in relation to the local flood defence scheme for a district which is in the area of a regional flood defence committee the whole or the greater part of which is in Wales; " .

(6) Subject to subsections (1) to (5), the references in Schedule 1 to the Order to--

(a) the WIA generally and to specific sections of or Schedules to the WIA,

(b) the WRA generally and to specific sections of or Schedules to the WRA,

(c) the Reservoirs Act 1975 (c. 23), the Environmental Protection Act 1990 (c. 43), the Land Drainage Act 1991 (c. 59) and the Environment Act 1995 (c. 25) generally and (where applicable) to specific sections of or Schedules to those Acts, and

(d) any other Act generally and (where applicable) to specific sections of or Schedules to those Acts,

are to be treated as referring to those Acts (or those sections or Schedules) as amended by this Act.

(7) Subsection (6), and the amendments made by subsections (1) to (5), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (6) or the provisions amended by subsections (1) to (5).

101 Minor and consequential amendments and repeals

(1) Schedules 7 and 8, which make minor amendments (including the repeal of certain spent enactments) and amendments consequential on the provisions of this Act, have effect.

(2) The enactments and instrument mentioned in Schedule 9 are repealed or revoked to the extent specified.

102 Specific transitional and transitory provisions

(1) Subject to subsection (2), each licence to abstract water under Chapter 2 of Part 2 of the WRA which is in force immediately before the coming into force of section 1 of this Act shall, after the coming into force of that section, be treated as a full licence within the meaning of that Act.

(2) If--

(a) immediately before the coming into force of section 6 of this Act, a person is the holder of a licence under Chapter 2 of Part 2 of the WRA to abstract water, and

(b) upon the coming into force of that section an abstraction authorised by the licence becomes an abstraction to which the restriction on abstraction does not apply,

the licence shall cease to have effect (so far as it applies to that abstraction) upon the coming into force of that section.

(3) Subject to subsection (4), the person who was the holder of a full licence which ceases (or ceases in part) to have effect by virtue of subsection (2), and who had been taken in consequence of that licence (or that part of the licence) to have a right to abstract water by virtue of section 48(1) of the WRA, shall continue to be taken to have that right for the purposes of Chapter 2 of Part 2 of the WRA.

(4) A person shall cease to continue to be taken to have the right mentioned in subsection (3), for the purposes mentioned there, if during a period of--

(a) four years, or

(b) if the abstractions authorised under the licence (or relevant part of the licence) were abstractions planned to be carried out at intervals of more than four years, or abstractions for emergency purposes only, such longer period as the Agency may determine on the application of the person,

he does not carry out any such abstraction as would have been authorised by the licence (or relevant part of the licence) if it had still been in force.

(5) Where, immediately after the coming into force of any provision of this Act, an abstraction of water to which the restriction on abstraction did not apply becomes one to which the restriction on abstraction does apply, nothing in--

(a) section 39(1), 42(4) or 44(4) of the WRA (which relate to protected rights), or

(b) any other enactment specified in regulations made by the Secretary of State,

prevents the Agency from granting a licence under Chapter 2 of Part 2 of the WRA in respect of that abstraction, or the Secretary of State from giving the Agency a direction to do so.

(6) In subsections (2)(b) and (5), "the restriction on abstraction" has the meaning given by section 72(1) of the WRA.

103 Powers to make further supplementary, consequential and transitional provision, etc

(1) The Secretary of State may by regulations make--

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