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Water Industry Act 1991

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Changes over time for: Section 127

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Changes to legislation:

Water Industry Act 1991, Section 127 is up to date with all changes known to be in force on or before 28 February 2025. 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. Help about Changes to Legislation

127 Review by F1[the [F2appropriate agency]] of consents relating to special category effluent.E+W

(1)Where any person, as the owner or occupier of any trade premises, is (whether or not in accordance with a notice under section 132 below) for the time being authorised by virtue of a consent under this Chapter to make discharges of any special category effluent from those premises into a sewerage undertaker’s public sewer, F3[the [F2appropriate agency]] may review the questions—

(a)whether the discharges authorised by the consent should be prohibited; and

(b)whether, if they are not prohibited, any requirements should be imposed as to the conditions on which they are made.

(2)Subject to subsection (3) below, [F4the [F2appropriate agency]] shall not review any question under this section unless—

(a)the consent or variation by virtue of which the discharges in question are made has not previously been the subject-matter of a review and was given or made—

(i)before 1st September 1989; or

(ii)in contravention of section 133 below;

(b)a period of more than two years has elapsed since the time, or last time, when notice of [F4the [F5appropriate agency's]] determination on any reference or review relating to that consent or the consent to which that variation relates was served under section 132 below on the owner or occupier of the trade premises in question; or

(c)there has, since the time, or last time, when such a notice was so served, been a contravention of any provision which was included in compliance with a requirement of a notice under section 132 below in the consent or variation by virtue of which the discharges in question are made.

(3)Subsection (2) above shall not apply if the review is carried out—

(a)for the purpose of [F6giving effect to any [F7assimilated] obligation or enabling Her Majesty's Government in the United Kingdom to give effect] to any international agreement to which the United Kingdom is for the time being a party; or

(b)for the protection of public health or of flora and fauna dependent on an aquatic environment.

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