Public Health Act 1936

36 †Right of local authority to undertake the making of communications with public sewers. E+W

(1) Where under either of the two last preceding sections a person gives to a [F1 water authority] notice of his proposal to have his drains or sewer made to communicate with a public sewer of that authority, the authority may, within fourteen days after the receipt of the notice or, if any question arising under the notice requires to be determined by a court of summary jurisdiction . . . F2 , within fourteen days after the decision of that question, give notice to that person that they intend themselves to make the communication and, if after such a notice has been given to him, he proceeds himself to make the communication, he shall be liable to a fine not exceeding [F3 level 4 on the standard scale].

(2) Where a [F1 water authority] have given such a notice as aforesaid, they shall have all such rights in respect of the making of the communication as the person desiring it to be made would have, but it shall not be obligatory on them to make the communication [F4 until either—

(a) there has been paid to the sewerage undertaker any such sum, not exceeding the undertaker’s reasonable estimate of the cost of the work, as the undertaker may have required to be paid to it; or

(b) there has been given to the undertaker such security for the payment of the cost of the work as it may reasonably have required.]

(3) If any payment so made to the [F1 water authority] exceeds the expenses reasonably incurred by them in the execution of the work, the excess shall be repaid by them and, if and so far as those expenses are not covered by the payment, if any, made to them, they may recover the expenses, or the balance thereof, from the person for whom the work was done.

(4) 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.

Textual Amendments

F1 Words substituted by virtue of Water Act 1973 (c. 37), s. 14(2)

F2 Words repealed by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(3), 17, 40(4), 41(1), 57(6), 58)

F3 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F4 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 2(7) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)

Modifications etc. (not altering text)

C1 Unreliable marginal note

C2 S. 36 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2), 17, 40(4), 57(6), 58)