Water Industry Act 1991

104 Agreements to adopt sewer, drain or sewage disposal works, at future date E+W

[F1 (1) Subject to subsection (7) and section 146(3) below, a sewerage undertaker may agree with—

(a) any person constructing or proposing to construct—

(i) any sewer;

(ii) any drain which is intended to communicate with a public sewer vested in that undertaker; or

(iii) any sewage disposal works; or

(b) any person at whose expense the undertaker is, by virtue of an agreement under section 160 below, to carry out work in connection with the construction of such a drain or sewer,

that, if the sewer, drain or sewage disposal works is or are constructed in accordance with the terms of the agreement, the undertaker will, upon completion of the work, at some specified date or on the happening of some future event, declare the sewer or such part of the drain as constitutes the lateral drain or the works (as the case may be) to be vested in that undertaker.]

(2) A person [F2 mentioned in paragraph (a) or (b) of subsection (1) above] may [F3 request a sewerage undertaker to make an agreement under this section.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any agreement made under this section by a sewerage undertaker shall be enforceable against the undertaker by the owner or occupier for the time being of any premises served by the sewer [F6 , lateral drain] or works to which it relates.

[F7 (5A) The reference in subsection (5) to an agreement made under this section 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) any agreement which has been varied by order under section 105ZB(1).]

(6) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (7) A sewerage undertaker shall not make an agreement under this section with respect to—

(a) a sewer, drain or sewage disposal works situated within the area of another sewerage undertaker; or

(b) a drain which is intended to communicate with a sewer which—

(i) is so situated; or

(ii) is vested in another sewerage undertaker,

until one of the conditions mentioned in subsection (8) below is satisfied.

(8) The conditions are—

(a) that other undertaker has consented to the making of the agreement; or

(b) the Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.]

[F11 (9) Undertakers shall have regard to any guidance about agreements under this section issued by—

(a) the Secretary of State, in relation to undertakers whose areas are wholly or mainly in England, or

(b) the Welsh Ministers, in relation to undertakers whose areas are wholly or mainly in Wales.]

Textual Amendments

F1 S. 104(1) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(a), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)

F2 Words in s. 104(2) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(b), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)

F3 Words in s. 104(2) substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(a), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)

F4 S. 104(3) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(b), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)

F5 S. 104(4) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(b), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)

F6 Words in s. 104(5) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(c), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)

F7 S. 104(5A) inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(c), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)

F8 S. 104(6) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 96(4)(d), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4(b)(d)(ii) (with Sch. 3 para. 7)

F9 S. 104(6A) repealed (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(2)(b), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d)

F10 S. 104(7)(8) substituted (28.5.2004) for s. 104(7) by Water Act 2003 (c. 37), ss. 96(4)(f), 105(3); S.I. 2004/641,{art. 4(b)} (with Sch. 3 para. 7)

F11 S. 104(9) added (1.10.2010 for specified purposes, 1.10.2012 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 42(3), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2012/2048, art. 2 (with art. 3)