Water Industry Act 1991

107 Right of sewerage undertaker to undertake the making of communications with public sewers. E+W

(1) Where a person gives to a sewerage undertaker notice under section 106 above of his proposal to have his drains or sewer made to communicate with a public sewer of that undertaker, the undertaker may—

(a) within fourteen days after the receipt of the notice; or

(b) if any question arising under the notice requires to be determined by [F1 the Director], within fourteen days after the determination of that question,

give notice to that person that the undertaker intends itself to make the communication.

[F2 (1A) A sewerage undertaker may not give notice to a person under subsection (1) if—

(a) the undertaker and the person entered into an agreement under section 104, and

(b) the agreement provides for the communication to which the person's proposal relates to be made by the person.]

(2) If, after a notice has been given to any person under subsection (1) above, that person proceeds himself to make the communication, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(3) Where a sewerage undertaker has given a notice under subsection (1) above—

(a) the undertaker shall have all such rights in respect of the making of the communication as the person desiring it to be made would have; but

(b) it shall not be obligatory on the undertaker to make the communication until either—

(i) there has been paid to the sewerage undertaker any such sum, not exceeding the undertaker’s reasonable estimate of [F3 the amount by way of charges that the undertaker may impose in accordance with charging rules for making the connection] , as the undertaker may have required to be paid to it; or

(ii) there has been given to the undertaker [F4 such security for the payment of that amount as charging rules allow and it may have required.]

[F5 (4) If a payment to a sewerage undertaker under subsection (3) exceeds the charges that may, in the event, be imposed in accordance with charging rules for making the connection in question, the excess is to be repaid by the undertaker; and, if and so far as those charges are not covered by a payment under subsection (3), those charges are to be paid by the person for whom the work was undertaken.]

F6 [(4A) Any dispute between a sewerage undertaker and any other person as to—

(a) whether the undertaker’s estimate [F7 of the amount of charges] given under subsection (3)(b)(i) above is reasonable,

[F8 (b) the security required by the undertaker, or]

[F9 (c) whether any excess is repayable, or any charges are payable, under subsection (4), or the amount of any such excess or charges,]

may be referred to the Director for determination under section 30A above by either party to the dispute.]

(5) Sections 291, 293 and 294 of the M1 Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.

(6) For the purposes of this section, the making of the communication between a drain or private sewer and a public sewer includes all such work as involves the breaking open of a street.

[F10 (7) A reference in this section to an agreement under section 104 includes a reference to—

(a) an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

(b) an agreement which has been varied by order under section 105ZB(1).]

Textual Amendments

F1 Words in s. 107(1)(b) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(9); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II

F2 S. 107(1A) inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(4), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)

F3 Words in s. 107(3)(b)(i) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(a), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F4 Words in s. 107(3)(b)(ii) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(b), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F5 S. 107(4) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(c), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F6 S. 107(4A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(9); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. II

F7 Words in s. 107(4A) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F8 S. 107(4A)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(e), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F9 S. 107(4A)(c) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(4)(f), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F10 S. 107(7) inserted (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 95; S.I. 2017/462, art. 4(d)(iii) (as substituted by S.I. 2017/926, art. 2(2))

Marginal Citations

M1 1936 c. 49.