Water Industry Act 1991 (c. 56)

(The document as of February, 2008)

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(3) A person who fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (1) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Assessors for the enforcement of water quality

86 Assessors for the enforcement of water quality

(1) The Secretary of State may for the purposes of this section appoint persons to act on his behalf as technical assessors in relation to some or all of--

(a) the powers and duties conferred or imposed on him by or under sections 67 to 70 and 77 to 82 above; and

(b) such other powers and duties in relation to the quality and sufficiency of water supplied by a water undertaker as are conferred or imposed on him by or under any other enactments.

(2) A person appointed under this section shall--

(a) carry out such investigations as the Secretary of State may require him to carry out for the purpose of--

(i) ascertaining whether any duty or other requirement imposed on that undertaker by or under any of sections 68 to 70 or section 79 above is being, has been or is likely to be contravened; or

(ii) advising the Secretary of State as to whether, and if so in what manner, any of the powers of the Secretary of State in relation to such a contravention, or any of the powers (including the powers to make regulations) which are conferred on him by or under any of sections 67 to 70 and 77 to 82 above should be exercised;

and

(b) make such reports to the Secretary of State with respect to any such investigation as the Secretary of State may require.

(3) Without prejudice to the powers conferred by subsection (4) below, it shall be the duty of a water undertaker--

(a) to give a person appointed under this section all such assistance; and

(b) to provide a person so appointed with all such information,

as that person may reasonably require for the purpose of carrying out any such investigation as is mentioned in subsection (2) above.

(4) Any person appointed under this section who is designated in writing for the purpose by the Secretary of State may--

(a) enter any premises for the purpose of carrying out any such investigation as is mentioned in subsection (2) above;

(b) carry out such inspections, measurements and tests on premises entered by that person or of articles or records found on any such premises, and take away such samples of water or of any land or articles, as that person considers appropriate for the purpose of enabling him to carry out any such investigation; or

(c) at any reasonable time require any water undertaker to supply him with copies of, or of extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker by or under any of sections 68 to 70 or section 79 above.

(5) Part II of Schedule 6 to this Act shall apply to the rights and powers conferred by subsection (4) above.

(6) Any water undertaker which fails to comply with the duty imposed on it by virtue of subsection (3) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Chapter IV Fluoridation

87 Fluoridation of water supplies at request of health authorities

(1) Where a District Health Authority have applied in writing to a water undertaker for the water supplied within an area specified in the application to be fluoridated, that undertaker may, while the application remains in force, increase the fluoride content of the water supplied by the undertaker within that area.

(2) For the purposes of subsection (1) above an application under this section shall remain in force until the Health Authority, after giving reasonable notice to the water undertaker, withdraw it.

(3) The area specified in an application under this section may be the whole, or any part of, the district of the authority making the application.

(4) Where in exercise of the power conferred by this section, the fluoride content of any water is increased, the increase may be effected only by the addition of one or more of the following compounds of fluorine, that is to say--

hexafluorosilicic acid (H2SiF6);
disodium hexafluorosilicate (Na2SiF6).

(5) Any District Health Authority making arrangements with a water undertaker in pursuance of an application under this section shall ensure that those arrangements include provisions designed to secure that the concentration of fluoride in the water supplied to consumers in the area in question is, so far as reasonably practicable, maintained at one milligram per litre.

(6) Water to which fluoride has been added by a water undertaker in exercise of the power conferred by this section (with a view to its supply in any area) may be supplied by that or any other undertaker to consumers in any other area if the undertaker or undertakers concerned consider that it is necessary to do so--

(a) for the purpose of dealing with any serious deficiency in supply; or

(b) in connection with the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by any of the undertakers concerned.

(7) In subsection (6) above--

(a) the reference to water to which fluoride has been added by a water undertaker in exercise of the power conferred by this section includes a reference to water to which fluoride has been added by a water authority (within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980) in exercise of the power conferred by section 1 of the [1985 c. 63.] Water (Fluoridation) Act 1985; and

(b) in relation to a supply of such water by a water undertaker, the reference to the water undertakers concerned shall have effect as references to the water undertaker and the water authority concerned.

(8) In this section "serious deficiency in supply" means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.

(9) In this section and the following provisions of this Chapter references to a District Health Authority are references to any such authority within the meaning of the [1977 c. 49.] National Health Service Act 1977.

88 Power to vary permitted fluoridation agents

(1) The Secretary of State may by order amend section 87(4) above by--

(a) adding a reference to another compound of fluorine; or

(b) removing any reference to a compound of fluorine.

(2) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

89 Publicity and consultation

(1) This section applies where a District Health Authority propose to make or withdraw an application under section 87 above.

(2) At least three months before implementing their proposal the District Health Authority shall--

(a) publish details of the proposal in one or more newspapers circulating within the area affected by the proposal; and

(b) give notice of the proposal to every local authority whose area falls wholly or partly within that area.

(3) Before implementing the proposal the District Health Authority shall consult each of the local authorities to which they are required, by virtue of subsection (2)(b) above, to give notice of the proposal.

(4) The District Health Authority shall, not earlier than seven days after publishing details of the proposal in the manner required by subsection (2)(a) above, republish them in that manner.

(5) Where a District Health Authority have complied with this section in relation to the proposal they shall, in determining whether or not to proceed, have such regard as they consider appropriate--

(a) to any representations which have been made to them with respect to it; and

(b) to any consultations under subsection (3) above.

(6) The Secretary of State may direct that this section shall not apply in relation to any proposal of a District Health Authority to withdraw an application under section 87 above.

(7) Where, at any meeting of a District Health Authority, consideration is given to the question whether the authority should make or withdraw an application under section 87 above, section 1(2) of the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (which allows the exclusion of the public in certain circumstances) shall not apply to any proceedings on that question.

(8) In this section "local authority" includes a county council.

90 Indemnities in respect of fluoridation

The Secretary of State may, with the consent of the Treasury, agree to indemnify any water undertaker in respect of such of any of the following as he thinks fit, that is to say--

(a) liabilities incurred by the undertaker in connection with anything done by the undertaker for the purpose of increasing the fluoride content of any water supplied by the undertaker;

(b) costs or expenses which are incurred by the undertaker, or for which the undertaker is liable, in connection with any proceedings which have been or may be brought by any person with respect to--

(i) things done for the purpose of increasing the fluoride content of any water; or

(ii) a proposal to increase the fluoride content of any water;

(d) liabilities transferred to the undertaker in accordance with a scheme under Schedule 2 to the [1989 c. 15.] Water Act 1989 or Schedule 2 to this Act which, in relation to the person from whom they were transferred, were liabilities falling within paragraph (a) above or liabilities in respect of costs, expenses or other expenditure mentioned in sub-paragraph (b) or (c) above.

91 Pre-1985 fluoridation schemes

Schedule 7 to this Act shall have effect with respect to fluoridation schemes made before the coming into force of the [1985 c. 63.] Water (Fluoridation) Act 1985.

Chapter V Supplemental Provisions of Part III

92 Power to give effect to international obligations

(1) Subject to subsection (2) below, the Secretary of State may by regulations provide that the provisions of Chapters I to III of this Part shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty's Government in the United Kingdom to give effect--

(a) to any Community obligations; or

(b) to any international agreement to which the United Kingdom is for the time being a party.

(2) This section shall not authorise any modification of any of sections 71, 72 and 76 above or of any other provisions of this Part so far as they have effect for the purposes of or in relation to those sections.

93 Interpretation of Part III

(1) In this Part--

"connection notice" shall be construed in accordance with section 45(8) above;
"consumer", in relation to a supply of water provided by a water undertaker to any premises, means (except in Chapter IV) a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;
"food production purposes" means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition "food production premises" means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
"necessary works" includes works carried out, in exercise of any power conferred by or under any enactment, by a person other than a water undertaker;
"private supply" means, subject to subsection (2) below, a supply of water provided otherwise than by a water undertaker (including a supply provided for the purposes of the bottling of water), and cognate expressions shall be construed accordingly;
"private supply notice" shall be construed in accordance with section 80(7) above;
"water fittings" includes pipes (other than water mains), taps, cocks, valves, ferrules, meters, cisterns, baths, water closets, soil pans and other similar apparatus used in connection with the supply and use of water;
"wholesome" and cognate expressions shall be construed subject to the provisions of any regulations made under section 67 above.

(2) For the purposes of any reference in this Part to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this subsection water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.

(3) For the purposes of this Part a service pipe shall be treated as connected with a water main other than a trunk main even if the connection is an indirect connection made by virtue of a connection with another service pipe.

(4) The rights conferred by virtue of this Part as against the owner or occupier of any premises shall be without prejudice to any rights and obligations, as between themselves, of the owner and occupier of the premises.

Part IV Sewerage Services

Chapter I General Functions of Sewerage Undertakers

Principal duties and standards of performance

94 General duty to provide sewerage system

(1) It shall be the duty of every sewerage undertaker--

(a) to provide, improve and extend such a system of public sewers (whether inside its area or elsewhere) and so to cleanse and maintain those sewers as to ensure that that area is and continues to be effectually drained; and

(b) to make provision for the emptying of those sewers and such further provision (whether inside its area or elsewhere) as is necessary from time to time for effectually dealing, by means of sewage disposal works or otherwise, with the contents of those sewers.

(2) It shall be the duty of a sewerage undertaker in performing its duty under subsection (1) above to have regard--

(a) to its existing and likely future obligations to allow for the discharge of trade effluent into its public sewers; and

(b) to the need to provide for the disposal of trade effluent which is so discharged.

(3) The duty of a sewerage undertaker under subsection (1) above shall be enforceable under section 18 above--

(a) by the Secretary of State; or

(b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

(4) The obligations imposed on a sewerage undertaker by the following Chapters of this Part, and the remedies available in respect of contraventions of those obligations, shall be in addition to any duty imposed or remedy available by virtue of any provision of this section or section 95 below and shall not be in any way qualified by any such provision.

(5) In this section "trade effluent" has the same meaning as in Chapter III of this Part.

95 Standards of performance in connection with provision of sewerage services

(1) For the purpose–

(a) of facilitating the determination of the extent to which breaches of the obligations imposed by virtue of the following provisions of this Part are to amount to breaches of the duty imposed by section 94 above; or

(b) of supplementing that duty by establishing overall standards of performance in relation to the provision of sewerage services by any sewerage undertaker,

the Secretary of State may, in accordance with section 96 below, by regulations provide for contraventions of such requirements as may be prescribed to be treated for the purposes of this Act as breaches of that duty.

(2) The Secretary of State may, in accordance with section 96 below, by regulations prescribe such standards of performance in connection with the provision of sewerage services as, in his opinion, ought to be achieved in individual cases.

(3) Regulations under subsection (2) above may provide that, if a sewerage undertaker fails to meet a prescribed standard, it shall pay such amount as may be prescribed to any person who is affected by the failure and is of a prescribed description.

(4) Without prejudice to the generality of the power conferred by subsection (2) above, regulations under that subsection may--

(a) include in a standard of performance a requirement for a sewerage undertaker, in prescribed circumstances, to inform a person of his rights by virtue of any such regulations;

(b) provide for any dispute under the regulations to be referred by either party to the dispute to the Director;

(c) make provision for the procedure to be followed in connection with any such reference and for the Director's determination on such a reference to be enforceable in such manner as may be prescribed;

(d) prescribe circumstances in which a sewerage undertaker is to be exempted from requirements of the regulations.

96 Procedure for regulations under section 95

(1) The Secretary of State shall not make any regulations under section 95 above unless--

(a) the Director has made to the Secretary of State a written application complying with subsection (2) below;

(b) the Secretary of State is satisfied that a copy of the application has been served by the Director on every sewerage undertaker specified in the application;

(i) by the Director; and

(ii) by any affected sewerage undertaker,

of representations or objections with respect to the Director's proposals and any modifications proposed by the Secretary of State; and

(d) the Secretary of State has considered both the Director's reasons for his proposals and every representation or objection which has been duly made with respect to those proposals, or any proposed modifications of those proposals, and has not been withdrawn.

(2) An application made by the Director to the Secretary of State complies with this subsection if it--

(a) sets out draft provisions proposed by the Director for inclusion in regulations under section 95 above;

(b) specifies the sewerage undertaker or undertakers in relation to which it is proposed those provisions should apply; and

(3) The Secretary of State shall not make any regulations under section 95 above except where--

(a) the only provisions of the regulations are the provisions proposed by the Director in his application or those provisions with such modifications as the Secretary of State considers appropriate; and

(b) each of the modifications (if any) of the Director's proposals to which effect is given by the regulations is a modification the proposal to make which has been notified--

(i) to the Director; and

(ii) to any sewerage undertaker appearing to the Secretary of State to be likely to be affected by the modifications.

Performance of sewerage undertaker's functions by local authorities etc.

97 Performance of sewerage undertaker's functions by local authorities etc

(1) A relevant authority may, in accordance with any arrangements which it has entered into for the purpose with any sewerage undertaker, carry out sewerage functions on that undertaker's behalf in relation to such area comprising the whole or any part of that authority's relevant area, together (where that authority are a local authority or an urban development corporation and the arrangements so provide) with parts of any adjacent relevant areas of other relevant authorities, as may be specified in the arrangements.

(2) Arrangements entered into for the purposes of this section may contain any such provision as may be agreed between the relevant authority and the sewerage undertaker but shall not affect the availability to any person, other than the relevant authority, of any remedy against the undertaker in respect of the carrying out of the undertaker's sewerage functions or of any failure to carry them out.

(3) It is hereby declared that, if arrangements entered into for the purposes of this section so provide, a relevant authority shall be entitled to exercise on behalf of a sewerage undertaker any power which by or under any enactment is exercisable by the undertaker for the purposes of, or in connection with, the carrying out of the undertaker's sewerage functions.

(4) Where arrangements entered into for the purposes of this section provide for a local authority to carry out the sewerage functions of a sewerage undertaker on the undertaker's behalf, section 101 of the [1972 c. 70.] Local Government Act 1972 (delegation of functions), so far as it relates to the carrying out of functions by a committee, sub-committee or officer of a local authority, shall have effect in relation to those sewerage functions only in so far as the arrangements do not otherwise provide.

(5) In this section--

"new town" has the same meaning as in the [1981 c. 64.] New Towns Act 1981;
"relevant area"--
(a)
in relation to a local authority, means the area of the authority and the whole of any new town or urban development area any part of which is situated within the area of the authority;
(b)
in relation to the Commission for the New Towns, means any new town;
(c)
in relation to the development corporation for any new town, means that new town;
(d)
in relation to the Development Board for Rural Wales, means any new town situated within the area for which the Board is for the time being responsible; and
(e)
in relation to any urban development corporation for any urban development area, means that area;
"relevant authority" means any of the following, that is to say--
(a)
a local authority;
(b)
the Commission for the New Towns, a development corporation for a new town or the Development Board for Rural Wales;
(c)
the urban development corporation for any urban development area;
"sewerage functions", in relation to a sewerage undertaker, means any of the functions of the undertaker by virtue of its appointment under Chapter I of Part II of this Act as a sewerage undertaker, other than its functions relating to sewage disposal and its functions by virtue of Chapter III of this Part;
"urban development area" means any area so designated under Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980.

(6) Nothing in the [1883 c. 37.] Public Health Act 1875 (Support of Sewers) Amendment Act 1883 shall apply in relation to any sanitary work by virtue of this section; and in this section "sanitary work" has the same meaning as in that Act of 1883.

Chapter II Provision of Sewerage Services

Requisition of public sewer

98 Duty to comply with sewer requisition

(1) It shall be the duty of a sewerage undertaker (in accordance with section 101 below) to provide a public sewer to be used for the drainage for domestic purposes of premises in a particular locality in its area if–

(a) the undertaker is required to provide the sewer by a notice served on the undertaker by one or more of the persons who under subsection (2) below are entitled to require the provision of the sewer for that locality;

(b) the premises in that locality the drainage of which would be by means of that sewer are--

(i) premises on which there are buildings; or

(ii) premises on which there will be buildings when proposals made by any person for the erection of any buildings are carried out;

and

(2) Each of the following persons shall be entitled to require the provision of a public sewer for any locality, that is to say--

(a) the owner of any premises in that locality;

(b) the occupier of any premises in that locality;

(d) where the whole or any part of that locality is situated in a new town, within the meaning of the [1981 c. 64.] New Towns Act 1981--

(i) the Commission for the New Towns; and

(ii) the Development Board for Rural Wales or the development corporation for the new town, according to whether or not the new town is situated within the area for which that Board is for the time being responsible;

and

(e) where the whole or any part of that locality is situated within an area designated as an urban development area under Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980, the urban development corporation.

(3) The duty of a sewerage undertaker under this section to provide a public sewer shall be owed to the person who requires the provision of the sewer or, as the case may be, to each of the persons who joins in doing so.

(4) Where a duty is owed by virtue of subsection (3) above to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.

(5) In this section the reference to domestic purposes, in relation to the drainage of premises in a particular locality to which a requirement under this section relates, is a reference--

(a) where there are buildings on premises in that locality, to such domestic sewerage purposes as are specified in relation to those buildings in the requirement; and

(b) where any person is proposing to erect buildings on premises in the locality, to such domestic sewerage purposes as are so specified in relation to the buildings and to times after the erection of the buildings.

99 Financial conditions of compliance

(1) The conditions mentioned in section 98(1)(c) above are satisfied in relation to a requirement for the provision of a public sewer by a sewerage undertaker if--

(a) such undertakings as the undertaker may have reasonably required in accordance with subsection (2) below have been given by the person or persons who have required the provision of the sewer; and

(b) such security as the undertaker may have reasonably required has been provided for the discharge of any obligations imposed by those undertakings on any person who, under subsection (3) below, may be required to secure his undertakings.

(2) The undertakings which a sewerage undertaker may require for the purposes of subsection (1) above in respect of any public sewer are undertakings which--

(a) bind the person or persons mentioned in that subsection to pay to the undertaker, in respect of each of the twelve years following the provision of the sewer, an amount not exceeding the relevant deficit (if any) for that year on that sewer; and

(b) in the case of undertakings binding two or more persons, bind them either jointly and severally or with liability to pay apportioned in such manner as they may agree.

(3) For the purposes of subsection (1)(b) above a person may be required to secure his undertakings in relation to the provision of a public sewer if--

(a) it was by virtue of section 98(2)(a) or (b) above that he required, or joined in requiring, the provision of the sewer; and

(b) he is not a public authority.

(4) Where for the purposes of subsection (1)(b) above any sums have been deposited with a sewerage undertaker by way of security for the discharge of any obligation, the undertaker shall pay interest at such rate as may be determined either--

(a) by the undertaker with the approval of the Director; or

(b) in default of a determination under paragraph (a) above, by the Director,

on every sum of 50p so deposited for every three months during which it remains in the hands of the undertaker.

(5) An approval or determination given or made by the Director for the purposes of subsection (4) above--

(a) may be given or made in relation to the provision of a particular public sewer, in relation to the provision of sewers of a particular description or in relation to the provision of public sewers generally; and

(b) may be revoked at any time.

(6) Any dispute between a sewerage undertaker and any other person as to--

(a) the undertakings or security required by the undertaker for the purposes of this section; or

(b) the amount required to be paid in pursuance of any such undertaking,

shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the President of the Institution of Civil Engineers.

(7) In this section "relevant deficit" has the meaning given by section 100 below.

100 Calculation of "relevant deficit" for the purposes of section 99

(1) For the purposes of section 99 above the relevant deficit for any year on a public sewer is the amount (if any) by which the drainage charges payable for the use during that year of that sewer are exceeded by the annual borrowing costs of a loan of the amount required for the provision of that sewer.

(2) The annual borrowing costs of a loan of the amount required for the provision of a public sewer is the aggregate amount which would fall to be paid in any year by way of payments of interest and repayments of capital if an amount equal to so much of the costs reasonably incurred in providing that sewer as were not incurred in the provision of additional capacity had been borrowed, by the sewerage undertaker providing the sewer, on terms--

(a) requiring interest to be paid and capital to be repaid in twelve equal annual instalments; and

(b) providing for the amount of the interest to be calculated at such rate, and in accordance with such other provision, as may have been determined for the purposes of this subsection.

(3) A determination for the purposes of subsection (2) above shall be made either--

(a) by the undertaker with the approval of the Director; or

(b) in default of such a determination, by the Director.

(4) For the purposes of this section the costs reasonably incurred in providing a public sewer ("the new sewer") shall include--

(a) the costs reasonably incurred in providing such other public sewers and such pumping stations as it is necessary to provide in consequence of the provision of the new sewer; and

(b) such proportion (if any) as is reasonable of the costs reasonably incurred in providing any such additional capacity in an earlier public sewer as falls to be used in consequence of the provision of the new sewer.

(5) In subsection (4) above the reference to an earlier public sewer, in relation to the new sewer, is a reference to any public sewer which--

(a) has been provided in the period of twelve years immediately before the provision of the new sewer; and

(b) was so provided in pursuance of a public sewer requisition.

(6) Any reference in this section to the provision of additional capacity in a public sewer provided in pursuance of a requirement under any enactment is a reference to such works carried out or other things done in connection with the provision of that sewer as are carried out or done for the purpose of enabling that sewer to be used for purposes in addition to those for which it is necessary to provide the sewer in order to comply with the requirement.

(7) Any reference in this section to the drainage charges payable for the use during any year of any sewer provided by a sewerage undertaker is a reference to so much of the aggregate of any charges payable to the sewerage undertaker in respect of services provided in the course of that year as represents charges which--

(a) have been imposed by the undertaker in relation to such of the premises connected with that sewer as are premises where there are buildings; and

(b) are reasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purpose from those premises.

(8) An approval or determination given or made by the Director for the purposes of subsection (2) above--

(b) may be revoked at any time except in relation to a public sewer that has already been provided.

(9) In this section "public sewer requisition" means--

(a) a requirement under section 98 above (including, by virtue of paragraph 1 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991, a requirement under section 71 of the [1989 c. 15.] Water Act 1989);

(b) a requirement under the provisions of section 16 of the [1973 c. 37.] Water Act 1973 (sewer requisitions); or

(c) a requirement under any local statutory provision corresponding to section 98 above or to any of the provisions of that section 16.

101 Determination of completion date and route for requisitioned sewer

(1) A sewerage undertaker shall not be in breach of a duty imposed by section 98 above in relation to any locality unless–

(a) the period of six months beginning with the relevant day has expired; and

(b) the sewerage undertaker has not, before the end of that period, so laid the public sewer to be provided as to enable drains and private sewers to be used for the drainage of premises in that locality to communicate with the public sewer at the places determined under subsection (3) below.

(2) The period mentioned in subsection (1)(a) above may be extended--

(a) by agreement between the undertaker and the person or persons who required the provision of the public sewer; or

(b) where there is a dispute as to whether the period should be extended, by an arbitrator on a reference under subsection (4) below.

(3) The places mentioned in subsection (1)(b) above shall be--

(a) such places as are determined by agreement between the sewerage undertaker and the person or persons who required the provision of the public sewer; or

(b) in default of agreement, such places as are determined by an arbitrator on a reference under subsection (4) below to be the places at which it is reasonable, in all the circumstances, for drains or private sewers to be used for the drainage of premises in that locality to communicate with the public sewer.

(4) A reference for the purposes of subsection (3) or (4) above shall be to a single arbitrator appointed--

(a) by agreement between the undertaker and the person or persons who required the provision of the public sewer; or

(b) in default of agreement, by the President of the Institution of Civil Engineers.

(5) In this section "relevant day", in relation to a requirement to provide a public sewer for any locality, means the day after whichever is the later of the following, that is to say--

(a) the day on which the conditions specified in section 99 above are satisfied in relation to the requirement; and

(b) the day on which the places where drains or private sewers to be used for the drainage of premises in that locality will communicate with the public sewer are determined under subsection (3) above.

Adoption etc. of sewers and disposal works

102 Adoption of sewers and disposal works

(1) Subject to the following provisions of this section and to sections 103, 105 and 146(3) below, a sewerage undertaker may at any time declare that--

(a) any sewer which is situated within its area or which serves the whole or any part of that area; or

(b) any sewage disposal works which are so situated or which serve the whole or any part of that area,

shall, as from such date as may be specified in the declaration, become vested in the undertaker.

(2) The owner, or any of the owners, of any sewer or sewage disposal works with respect to which a sewerage undertaker might make a declaration under this section may make an application to that undertaker requesting it to make a declaration under this section with respect to the sewer or works.

(3) A declaration or application under this section may be made with respect to a part only of a sewer.

(4) A sewerage undertaker which proposes to make a declaration under this section--

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