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Water Industry Act 1991
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Changes over time for: Section 116
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- 01/12/1991- Amendment
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- 18/02/2005
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Water Industry Act 1991, Section 116 is up to date with all changes known to be in force on or before 15 November 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.
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116 Power to close or restrict use of public sewer.E+W
(1)Subject to subsection (3) below, a sewerage undertaker may discontinue and prohibit the use of any public sewer which is vested in the undertaker.
(2)A discontinuance or prohibition under this section may be for all purposes, for the purpose of foul water drainage or for the purpose of surface water drainage.
(3)Before any person who is lawfully using a sewer for any purpose is deprived under this section by a sewerage undertaker of the use of the sewer for that purpose, the undertaker shall—
(a)provide a sewer which is equally effective for his use for that purpose; and
(b)at the undertaker’s own expense, carry out any work necessary to make that person’s drains or sewers communicate with the sewer provided in pursuance of this subsection.
F1[(4)Any dispute arising under subsection (3)(a) above between a sewerage undertaker and any other person as to the effectiveness of any sewer provided by the undertaker for that person’s use may be referred to [F2the Authority] for determination under section 30A above by either party to the dispute.]
Textual Amendments
F1S. 116(4) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(12); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. II
F2Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)
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