Water Industry Act 1991

5 The Secretary of State may by regulations make provisions in relation to the provisions of any agreement to which subsection (1) of section 43 of the [1974 c. 40.] Control of Pollution Act 1974 applied and which apart from that section would be in force after the commencement of this Act—

(a) for determining, by arbitration or otherwise, whether any such agreement continues to have effect as relating to a matter other than the discharge of trade effluent into a sewerage undertaker’s sewer;

(b) for determining, by arbitration or otherwise, what modifications (if any) are appropriate in consequence of any prescribed provision of section 43 of that Act or any provision of this Schedule re-enacting any such provision; and

(c) in a case in which the conditions on which any discharges authorised by such an agreement included, immediately before the coming into force of section 43 of that Act, a condition as to charges in respect of the discharges and other matters—

(i) for determining, by arbitration or otherwise, the proportion of the charges attributable to the discharges; and

(ii) for limiting accordingly the conditions which are to be treated by virtue of section 43 of that Act as included in the deemed consent which has effect by virtue of this Schedule.