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Water Industry Act 1991, Section 100A is up to date with all changes known to be in force on or before 17 February 2025. 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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[F2(1)For the purposes of section 99 above the discounted aggregate deficit on a public sewer is the amount equal to the sum of the estimated relevant deficits for each of the twelve years following the provision of the sewer, in each case discounted in accordance with subsection (6) below.
(2)The estimated relevant deficit for any year is the amount (if any) by which the estimated drainage charges payable for the use during that year of that sewer would be exceeded by the annual borrowing costs of a loan of the amount required for the provision of that sewer.
(3)Subsections (2) to (6), (8) and (9) of section 100 above (which relate to the annual borrowing costs of a loan of the amount required for the provision of a public sewer) shall apply for the purposes of this section as they apply for the purposes of that section.
(4)Any reference in this section to the estimated drainage charges payable for the use during any year of any sewer is a reference to so much of the aggregate of any charges expected to be payable to the sewerage undertaker for the provision of services in the course of that year as would represent charges—
(a)imposed by the undertaker in relation to such of the premises with which the sewer is expected to be connected as are premises where there are buildings; and
(b)reasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purposes from those premises.
(5)For the purposes of subsection (4) above, a thing is expected to be the case if, at the time the relevant calculation is made, it is reasonably likely to occur.
(6)The estimated relevant deficit for a year mentioned in subsection (1) above shall be discounted in order to determine its net present value by applying such factor, and in accordance with such other provision, as may be determined by the Authority.
(7)A determination made by the Authority for the purposes of subsection (6) above—
(a)may be made in relation to the provision of a particular public sewer or in relation to the provision of public sewers generally; and
(b)may be revoked at any time except in relation to a public sewer in respect of which the conditions referred to in section 99(1) above have already been satisfied.]]
Textual Amendments
F1S. 100A inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(3)(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)
F2S. 100A repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 88; S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))
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