- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (15/01/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2013
Point in time view as at 15/01/2012.
Water Industry Act 1991, SCHEDULE 13 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 183.
1(1)Nothing in this Act conferring power on a relevant undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere—E+W
(a)with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or
(b)with the use of any such works or property,
as to affect injuriously those works or that property or the carrying on of that undertaking.
(2)Without prejudice to the construction of sub-paragraph (1) above for the purposes of its application in relation to the other provisions of this Act, that sub-paragraph shall have effect in its application in relation to the relevant sewerage provisions as if any use of, injury to or interference with any sluices, floodgates, sewers, groynes, sea defences or other works which are vested in or under the control of [F1the Environment Agency] or an internal drainage board were such an interference with works or property vested in or under the control of [F1the Environment Agency] or that board as to affect injuriously the works or property or the carrying on of the undertaking of [F1the Environment Agency] or of that board.
(3)A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.
(4)Subject to the following provisions of this Schedule, any dispute—
(a)as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1) above;
(b)as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or
(c)as to whether any condition subject to which any such consent has been given was reasonable,
shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(5)The following are the undertakings protected by this paragraph, that is to say-
(a)the undertakings of [F1the Environment Agency], the Civil Aviation Authority, [F2the Coal Authority] and [F3a universal service provider (so far as it is the provider’s undertaking in relation to the provision of a universal postal service];
(b)the undertaking of any relevant undertaker;
[F4(c)any undertaking consisting in the provision of an electronic communications network;]
(d)any airport to which Part V of the M1Airports Act 1986 applies;
(e)the undertaking of any public gas supplier within the meaning of Part I of the M2Gas Act 1986;
(f)the undertaking of any person authorised by a licence under Part I of the M3Electricity Act 1989 to generate, [F5supply or participate in the transmission of] electricity;
(g)the undertaking of any navigation, harbour or conservancy authority or of any internal drainage board;
(h)the undertaking of any railway undertakers;
(i)any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.
F6[(j)the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;]
[F7(k)the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.]
[F8(5A)In sub-paragraph (5)(a) above “universal service provider” has the same meaning as in [F9Part 3 of the Postal Services Act 2011]; and the reference to the provision of a universal postal service shall be construed in accordance with [F10that Part].]
(6)For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (5)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.
Textual Amendments
F1Words in Sch. 13 para. 1(2)(5)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 127 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words in Sch. 13 para. 1(5)(a) substituted (31.10.1994) by 1994 c. 21, ss. 67(1), 68(2), Sch. 9 para. 42(a) (with s. 40(7)); S.I. 1994/2553, art. 2
F3Words in Sch 13 para. 1(5)(a) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 88(2)
F4Sch. 13 para. 1(5)(c) substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 111(2); S.I. 2003/1900, art. 2(1), Sch. 1
F5Words in Sch. 13 para. 1(5)(f) substituted (1.9.2004) by Energy Act 2004 (c. 20), ss. 143, 198(2), Sch. 19 para. 17; S.I. 2004/2184, art. 2(2), Sch. 2
F6Sch. 13 para. 1(5)(j) inserted (31.10.1994) by 1994 c. 21, ss. 67(1), 68(2), Sch. 9 para. 42(b) (with s. 40(7)); S.I. 1994/2553, art. 2
F7Sch. 13 para. 1(5)(k) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 14; S.I. 2001/869, art. 2
F8Sch. 13 para. 1(5A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 88(3)
F9Words in Sch. 13 para. 1(5A) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 137(a); S.I. 2011/2329, art. 3
F10Words in Sch. 13 para. 1(5A) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 137(b); S.I. 2011/2329, art. 3
Modifications etc. (not altering text)
C1Sch. 13 para. 1(5)(e) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(m); S.I. 1996/218, art. 2
Marginal Citations
2E+WNothing in any provision of this Act conferring power on a relevant undertaker to carry out any works shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking protected by paragraph 1 above.
3(1)Subject to the following provisions of this paragraph and without prejudice to the other provisions of this Schedule, the powers under the street works provisions to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the M4Highways Act 1980)—E+W
(a)is under the control or management of, or is maintainable by, railway undertakers or a navigation authority; or
(b)forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,
except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.
(2)Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by the street works provisions for the carrying out of emergency works, within the meaning of Part III of the M5New Roads and Street Works Act 1991.
(3)A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.
(4)Any dispute—
(a)as to whether a consent for the purposes of sub-paragraph (1) above should be given or withheld; or
(b)as to whether the conditions to which any such consent is made subject are reasonable,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(5)If any relevant undertaker contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(6)The restrictions contained in paragraphs (1) to (5) of section 32 of the M6Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by the street works provisions—
(a)as they apply in relation to the powers mentioned in that section; and
(b)as if references in that section to a tramway included references to a trolley vehicle system.
(7)In this paragraph “the street works provisions” means so much of sections 158, 161 and 162 of this Act as relates to powers exercisable in relation to streets.
(8)Until the coming into force of section 52 of the M7New Roads and Street Works Act 1991, sub-paragraph (2) above shall have effect as if the reference to Part III of that Act were a reference to the M8Public Utilities Street Works Act 1950; but nothing in this sub-paragraph shall be taken to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing that section 52 into force on different days for different purposes (including the purposes of this paragraph).
Modifications etc. (not altering text)
C2Sch. 13 para. 3 applied (with modifications) (21.7.1994) by 1994 c. xi, s. 11(2)
Marginal Citations
4E+WParagraph 23 of Schedule 2 to the M9Telecommunications Act 1984 (which provides a procedure for certain cases where works involve the alteration of [F11electronic communications apparatus]) shall apply to every relevant undertaker for the purposes of any works carried out by that undertaker in exercise of any of the powers conferred by any enactment (including, in the case of a statutory water company, section 1 of the M10Statutory Water Companies Act 1991).
Textual Amendments
F11Words in Sch. 13 para. 4 substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 111(3); S.I. 2003/1900, art. 2(1), Sch. 1
Marginal Citations
5(1)Subject to the provisions of this paragraph, nothing in the relevant sewerage provisions shall authorise a sewerage undertaker, without the consent of the dock undertakers concerned—E+W
(a)to interfere with any river, canal, dock, harbour, basin, lock or reservoir so as injuriously to affect navigation thereon or the use thereof or the access thereto, or to interfere with any towing path, so as to interrupt the traffic thereon;
(b)to interfere with any bridges crossing any river, canal, dock, harbour or basin;
(c)to carry out any works in, across or under any dock, harbour, basin, wharf, quay or lock, or any land which belongs to dock undertakers and is held or used by them for the purposes of their undertaking;
(d)to carry out any works which will interfere with the improvement of, or the access to, any river, canal, dock, harbour, basin, lock, reservoir, or towing path, or with any works appurtenant thereto or any land necessary for the enjoyment or improvement thereof.
(2)For the purposes of this paragraph dock undertakers shall be deemed to be concerned with any river, canal, dock, harbour, basin, lock, reservoir, towing path, wharf, quay or land if—
(a)it belongs to them and forms part of their undertaking; or
(b)they have statutory rights of navigating on or using it or of demanding tolls or dues in respect of navigation thereon or the use thereof.
(3)A consent under this paragraph shall not be unreasonably withheld.
(4)Any dispute as to whether or not consent under this paragraph is unreasonably withheld shall be referred, if either party so require, to the arbitration of a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
(5)Upon an arbitration under this paragraph, the arbitrator shall determine—
(a)whether any works which the sewerage undertaker proposes to carry out are such works as under this paragraph the undertaker is not entitled to carry out without the consent of any dock undertakers;
(b)if they are such works, whether the injury, if any, to the undertakers will be of such a nature as to admit of being fully compensated by money; and
(c)if the works are of such a nature, the conditions subject to which the sewerage undertaker may carry out the works, including the amount of the compensation (if any) to be paid by the sewerage undertaker to the dock undertakers.
(6)The sewerage undertaker in question shall not proceed to carry out any proposed works if, on an arbitration under this paragraph, the arbitrator determines—
(a)that the proposed works are such works as the sewerage undertaker is not entitled to carry out without the consent of the dock undertakers; and
(b)that the works would cause injury to the dock undertakers of such a nature as not to admit of being fully compensated by money,
but, in any other case, the sewerage undertaker may carry out the works subject to compliance with such conditions, including the payment of such compensation, as the arbitrator may have determined.
(7)Nothing in this paragraph shall be construed as limiting the powers of a sewerage undertaker under this Act in respect of the opening and the breaking up of streets and bridges for the purpose of constructing, laying and maintaining sewers, drains and pipes.
6(1)Subject to the provisions of this paragraph, nothing in the relevant sewerage provisions shall authorise a sewerage undertaker, without the consent of the Civil Aviation Authority or, as the case may be, of the airport operator or railway undertakers concerned, to carry out any works along, across or under—E+W
(a)any property of the Civil Aviation Authority;
(b)an airport to which Part V of the M11Airports Act 1986 applies; or
(c)any railway of any railway undertakers.
(2)Sub-paragraphs (3) to (7) of paragraph 5 above shall apply for the purposes of this paragraph as they apply for the purposes of sub-paragraph (1) of that paragraph but as if references to the dock undertakers were references, as the case may require, to the Civil Aviation Authority, to the relevant airport operator or to the railway undertakers.
Marginal Citations
7E+WThe provisions of this Part of this Schedule are without prejudice to the provisions of Part I of this Schedule or to any power conferrred on a sewerage undertaker otherwise than by the relevant sewerage provisions.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys