- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (07/09/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 07/09/2023.
Water Industry Act 1991, Section 146 is up to date with all changes known to be in force on or before 19 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.
(1)Subject to subsection (2) below, nothing in this Chapter or in any other enactment shall entitle any relevant undertaker to fix, demand or recover an initial charge for its becoming, or for its taking steps for the purpose of becoming—
(a)the person who provides a supply of water for domestic purposes to any premises; or
(b)the person who provides sewerage services for the purposes of the drainage for domestic sewerage purposes of any premises.
(2)Subject to subsection (3) below, nothing in subsection (1) above or in any other enactment shall be construed as prohibiting the fixing, demand or recovery by a relevant undertaker of—
(a)a charge for the connection to a water supply of premises which have never at any previous time (whether before or after the coming into force of the restriction contained in this section) been connected to a supply of water provided for domestic purposes by a water undertaker or by any other authority or body which at that time provided supplies of water in the course of carrying out functions under any enactment; or
(b)a charge for the connection to a public sewer of premises which have never at any previous time (whether before or after the coming into force of the restriction contained in this section) been connected to a sewer used for the drainage for domestic sewerage purposes of those premises by a sewerage undertaker or by any other authority or body which at that time provided sewerage services in the course of carrying out functions under any enactment.
(3)Nothing in this Chapter or in any other enactment or in the terms of any agreement under section 104 above shall authorise a sewerage undertaker to require any payment to be made to the undertaker in respect of the making by the undertaker of any declaration of vesting under Chapter II of Part IV of this Act or in respect of any agreement to make such a declaration.
[F1(3A)The reference in subsection (3) 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).]
(4)Nothing in this Chapter or in any other enactment shall authorise a sewerage undertaker [F2or a sewerage licensee] to require any payment to be made to the undertaker [F3or the licensee (as the case may be)] by a highway authority in respect of the drainage of any highway or the disposal of the contents of any drain or sewer used for draining any highway.
(5)The preceding provisions of this section, so far as they restrict the making of certain charges [F4by relevant undertakers] , shall be without prejudice—
(a)to enactments by virtue of which a relevant undertaker may recover expenses incurred by it in [F5, or charges imposed by it for,] carrying out works; and
(b)to the power of any such undertaker, by virtue of section 142(4) above, to fix the amount of any of its other charges by reference to such matters as it thinks appropriate.
(6)In this section “domestic sewerage purposes” has the same meaning as in Chapter II of Part IV of this Act.
Textual Amendments
F1S. 146(3A) inserted (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(2); S.I. 2017/462, art. 4(d)(iv) (as substituted by S.I. 2017/926, art. 2(2))
F2Words in s. 146(4) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(3)(a); S.I. 2017/462, art. 3(k)(bb)(xiv)
F3Words in s. 146(4) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(3)(b); S.I. 2017/462, art. 3(k)(bb)(xiv)
F4Words in s. 146(5) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 98(4); S.I. 2017/462, art. 3(k)(bb)(xiv)
F5Words in s. 146(5)(a) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(5), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)
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?
The Whole Act without Schedules 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 without Schedules 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 Rhestrau 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