The County of Merseyside Act 1980 (Amendment) Regulations 2017

Amendments to the County of Merseyside Act 1980

2.—(1) The County of Merseyside Act 1980(1) is amended as follows.

(2) In section 2(1), after the definition of “public service vehicle” insert—

““sewerage licensee” means a holder of a sewerage licence under section 17BA of the Water Industry Act 1991(2);

“sewerage undertaker” means a limited company appointed under section 6 of the Water Industry Act 1991(3) to be a sewerage undertaker for an area within the city of Liverpool and the metropolitan borough of Sefton;”.

(3) For section 83(3) substitute—

“(3) Unless otherwise agreed from time to time between the sewerage undertaker and the sewerage licensee providing sewerage services to the Docks Company, on and from 1st April 2017, no charge shall be made by the sewerage undertaker under Part 5 of the Water Industry Act 1991 in respect of any service performed, facility provided or right made available for the Docks Company in respect of any part of the Dock Estate which lies within the city of Liverpool and the metropolitan borough of Sefton, being a service, facility or right in respect of which the sewerage undertaker would, but for this subsection, be entitled to demand, take and recover charges by reason of the provision of, connection to, or use of public sewers, but nothing in this subsection shall affect charges which may be made by the sewerage undertaker in respect of the treatment and disposal of sewage.

(3A) Unless otherwise agreed from time to time between the sewerage licensee providing sewerage services to the Docks Company and the Docks Company, on and from 1st April 2017, no charge shall be made by that sewerage licensee to the Docks Company in respect of any service performed, facility provided or right made available for the Docks Company in respect of any part of the Dock Estate which lies within the city of Liverpool and the metropolitan borough of Sefton, being a service, facility or right in respect of which the sewerage undertaker would, but for subsection (3), be entitled to demand, take and recover charges by reason of the provision of, connection to, or use of public sewers from the sewerage licensee, but nothing in this subsection shall affect charges which may be made by the sewerage licensee to the Docks Company in respect of the treatment and disposal of sewage.”.

(1)

1980 c. x.

(2)

1991 c.56; section 17BA was inserted by section 4(1) of the Water Act 2014 (c. 21) and was amended by paragraph 7 of Schedule 5 to that Act.

(3)

Section 6 was amended by section 36(2) of, and paragraph 3 of Schedule 8 to, the Water Act 2003 (c. 37), paragraph 28(4)(b) to Schedule 23 to the Deregulation Act 2015 (c. 20), and paragraph 6 of Schedule 7 to the Water Act 2014.