CHAPTER 2Identifying a provider where none can be found
Introduction
51.—(1) This Chapter applies where a sewerage undertaker that has withdrawn from the non-household retail market receives a sewerage services request.
(2) In this Chapter a “sewerage services request” means a request by the owner or occupier of any non-household premises in the retail exit area to provide those premises with sewerage services.
Undertaker’s duty to notify person of retail exit
52.—(1) The sewerage undertaker must, as soon as possible, notify the person who made the sewerage services request that the undertaker has withdrawn from the non-household retail market.
(2) The notice must explain that the person needs to arrange for a sewerage licensee to provide sewerage services to the premises and explain, in general terms, the possible consequences under this Chapter if the person fails to do so.
Undertaker’s duty to provide services etc. pending identification of sewerage licensee
53. Chapter 2A of Part 4 of the 1991 Act(1) is to apply as if a sewerage licensee had made a request to the sewerage undertaker under sections 117A(1) or 117B(1) of that Act(2), at the time at which the person made the sewerage services request, for the purpose of providing the premises with sewerage services and dealing effectually with certain quantities of matter in the undertaker’s sewerage system.
Sewerage licensee is identified
54. Where a sewerage undertaker is notified that a sewerage licensee has agreed, or has been directed under regulation 56, to provide the premises with sewerage services—
(a)the requests treated by regulation 53 as having been made by a sewerage licensee are to be treated as having been made by that sewerage licensee, and
(b)any services provided by the undertaker are to be treated as having been provided by that licensee.
Sewerage licensee is not identified
55.—(1) The sewerage undertaker must notify the WSRA if, by the end of the relevant period, the undertaker has not received a notice that a sewerage licensee has agreed to provide sewerage services to the premises.
(2) The sewerage undertaker must also notify the WSRA if at any time after the end of the relevant period it receives a notice that a sewerage licensee has agreed to provide sewerage services to the premises.
(3) In this regulation—
“the relevant period” means the period of 22 working days beginning with the day on which the relevant undertaker receives the sewerage services request;
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
The WSRA’s duty to direct a sewerage licensee to provide services
56.—(1) On receiving a notice under regulation 55(1), the WSRA must direct an eligible sewerage licensee to provide the sewerage services.
(2) The WSRA ceases to be under the duty imposed by this regulation if it receives a notice under regulation 55(2).
Duties of sewerage licensee directed to provide services
57.—(1) A sewerage licensee directed under regulation 56 to provide sewerage services to premises must notify the sewerage undertaker (with the consequences mentioned in regulation 54).
(2) The terms and conditions in accordance with which the services are to be provided are—
(a)those provided for by a scheme under regulation 29, or
(b)such other terms and conditions as may be agreed between the licensee and the owner or occupier of the premises.
(3) The services are to be provided until they are discontinued in accordance with the terms and conditions mentioned in paragraph (2).
Chapter 2A of Part 4 of the 1991 Act was inserted by Schedule 4 to the Water Act 2014.
Sections 117A and 117B are prospectively inserted by Schedule 4 to the Water Act 2014 from a date to be appointed.