(1)In section 87 of the M1Water Resources Act 1991 (discharges into and from public sewers), the following subsections shall be substituted for subsection (1)—
“(1)This section applies for the purpose of determining liability where sewage effluent is discharged as mentioned in subsection (3) or (4) of section 85 above from any sewer or works (“the discharging sewer”) vested in a sewerage undertaker (“the discharging undertaker”).
(1A)If the discharging undertaker did not cause, or knowingly permit, the discharge it shall nevertheless be deemed to have caused the discharge if—
(a)matter included in the discharge was received by it into the discharging sewer or any other sewer or works vested in it;
(b)it was bound (either unconditionally or subject to conditions which were observed) to receive that matter into that sewer or works; and
(c)subsection (1B) below does not apply.
(1B)This subsection applies where the sewage effluent was, before being discharged from the discharging sewer, discharged through a main connection into that sewer or into any other sewer or works vested in the discharging undertaker by another sewerage undertaker (“the sending undertaker”) under an agreement having effect between the discharging undertaker and the sending undertaker under section 110A of the Water Industry Act 1991.
(1C)Where subsection (1B) above applies, the sending undertaker shall be deemed to have caused the discharge if, although it did not cause, or knowingly permit, the sewage effluent to be discharged into the discharging sewer, or into any other sewer or works of the discharging undertaker—
(a)matter included in the discharge was received by it into a sewer or works vested in it; and
(b)it was bound (either unconditionally or subject to conditions which were observed) to receive that matter into that sewer or works.”
(2)The following subsection shall be inserted at the end of section 87 of the Act of 1991—
“(4)In this section “main connection” has the same meaning as in section 110A of the Water Industry Act 1991.”
(3)This section applies only in relation to discharges occurring after it comes into force.