Water Industry Act 1991

133 Effect of determination on reference or review.E+W

(1)Where a notice under section 132 above has been served on a sewerage undertaker, it shall be the duty—

(a)of the undertaker; and

(b)in relation to that undertaker, of [F1the Authority],

so to exercise the powers to which this section applies as to secure compliance with the provisions of the notice.

(2)This paragraph applies to the following powers, that is to say-

(a)in relation to a sewerage undertaker, its power to give a consent under this Chapter, any of its powers under section 121 or 124 above and any power to enter into or vary an agreement under section 129 above; and

(b)in relation to [F1the Authority], any of [F1its] powers under this Chapter.

(3)Nothing in subsection (1) or (2) of section 121 above shall be construed as restricting the power of a sewerage undertaker, for the purpose of complying with this section, to impose any condition specified in a notice under section 132 above.

F2[(5)A sewerage undertaker which fails to perform its duty under subsection (1) above shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6)The [F3appropriate agency] may, for the purpose of securing compliance with the provisions of a notice under section 132 above, by serving notice on [F4any person consulted under section 132(2)(a)] above, vary or revoke—

(a)any consent given under this Chapter to make discharges of any special category effluent, or

(b)any agreement under section 129 above.]

Textual Amendments

F1Words 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)

F2S. 133(5)(6) substituted (1.4.1996) for s. 133(4) by 1995 c. 25, s. 120(1), Sch. 22 para. 111 (with s. 7(6), 115, 117); S.I. 1996/186, art. 3