Water Act 1989

75 Powers of undertakers to charge

(1) Subject to the following provisions of this Chapter, the powers of every water undertaker and of every sewerage undertaker shall include power—

(a) to fix charges for any services provided in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; and

(b) to demand and recover charges fixed under this section from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.

(2) The powers conferred by subsection (1) above shall be exercisable—

(a) by or in accordance with a scheme under section 76 below; or

(b) by or in accordance with agreements with the persons to be charged;

but paragraph (b) above shall have effect in relation to the exercise of those powers with respect to charges in connection with the carrying out of a sewerage undertaker’s trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with section 7 of the [1937 c. 40.] Public Health (Drainage of Trade Premises) Act 1937.

(3) Except in so far as this Chapter otherwise provides, a water undertaker or sewerage undertaker may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.

(4) The powers in relation to which this section has effect shall not be exercised so as to contravene any local statutory provision which expressly provides that no charge shall be made for a particular service.

(5) Nothing in subsections (1) to (4) above or in any scheme under section 76 below shall affect any power of a water undertaker or sewerage undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.

(6) References in this section to a sewerage undertaker’s trade effluent functions are references to its functions under the Public Health (Drainage of Trade Premises) Act 1937, Part V of the [1961 c. 64.] Public Health Act 1961 and sections 43 to 45 of the [1974 c. 40.] Control of Pollution Act 1974.