- Latest available (Revised)
- Original (As enacted)
Water Industry Act 1991, Section 101A is up to date with all changes known to be in force on or before 20 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Without prejudice to section 98 above, it shall be the duty of a sewerage undertaker to provide a public sewer to be used for the drainage for domestic sewerage purposes of premises in a particular locality in its area if the conditions specified in subsection (2) below are satisfied.
(2)The conditions mentioned in subsection (1) above are—
(a)that the premises in question, or any of those premises, are premises on which there are buildings F2. . . ;
(b)that the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; and
(c)that the drainage of any of the premises in question F3. . . is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question.
(3)Without prejudice to the generality of subsection (2)(c) above, regard shall be had to the following considerations, so far as relevant, in determining whether it is appropriate for any sewer to be provided by virtue of this section—
(a)the geology of the locality in question or of any other locality;
(b)the number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer;
(c)the costs of providing that sewer;
(d)the nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; and
(e)the extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects.
(4)Guidance issued by the Secretary of State under this section may—
(a)relate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above;
(b)relate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter;
(c)set out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section;
(d)relate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above;
(e)without prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section.
(5)F4... the Secretary of State shall arrange for any guidance issued by him under this section to be published in such manner as he considers appropriate.
(6)Subject to the following provisions of this section, the duty of a sewerage undertaker by virtue of subsection (1) above shall be enforceable under section 18 above—
(a)by the Secretary of State; or
(b)with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.
(7)[F5Subsections (7A) and (7B) apply where there is a dispute] between a sewerage undertaker and an owner or occupier of any premises in its area as to—
(a)whether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection;
(b)the domestic sewerage purposes for which any such sewer should be provided; or
(c)the time by which any such duty of the undertaker should be performed,
F6...
[F7(7A)The dispute is to be determined by the appropriate person and may be referred to the appropriate person for determination by either of the parties to the dispute.
(7B)If the dispute is between a sewerage undertaker and an owner or occupier of premises in Wales, the NRBW must provide advice in relation to any of the matters mentioned in subsection (7)(a) to (c) if so requested by—
(a)either of the parties to the dispute, or
(b)the appropriate person.
(7C)Any advice provided by the NRBW under subsection (7B) must be provided to both parties to the dispute and to the appropriate person.]
(8)The [F8appropriate person] —
(a)shall notify the parties of the reasons for its decision on any dispute referred to it under [F9subsection (7A)] above; and
(b)may make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate.
(9)The decision of the [F10appropriate person] on any dispute referred to it under [F11subsection (7A)] above shall be final.
(10)A sewerage undertaker shall only be taken to be in breach of its duty under subsection (1) above where, and to the extent that, it has accepted, or the [F12appropriate person] has determined under this section, that it is under such a duty and where any time accepted by it, or determined by the [F12appropriate person] under this section, as the time by which the duty is to that extent to be performed has passed.
[F13(11)In this section “the [F14appropriate person] ” means—
(a)the Environment Agency, in relation to disputes between sewerage undertakers and owners or occupiers of premises in England;
(b)[F15the Welsh Ministers] , in relation to disputes between sewerage undertakers and owners or occupiers of premises in Wales[F16, or such person as the Welsh Ministers may from time to time appoint as the appropriate person in relation to such disputes.]]
[F17(12)A person may be appointed as the appropriate person under subsection (11)(b) only if the person is independent of the NRBW.
(13)A person is independent of the NRBW for the purposes of subsection (12) if the person is—
(a)an individual who is not a member of the NRBW or the NRBW's staff, or
(b)a body none of whose members is a member of the NRBW or the NRBW's staff.]]
Textual Amendments
F1S. 101A inserted (1.2.1996 for specified purposes and otherwise 1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 103 (with ss. 7(6), 115, 117); S.I. 1996/186, arts. 2, 3
F2Words in s. 101A(2)(a) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 94(a), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4 (with Sch. 3 para. 7)
F3Words in s. 101A(2)(c) repealed (28.5.2004) by Water Act 2003 (c. 37), ss. 94(b), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 4 (with Sch. 3 para. 7)
F4Words in s. 101A(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 17
F5Words in s. 101A(7) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(2)(a), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F6Words in s. 101A(7) repealed (1.11.2015) by Water Act 2014 (c. 21), ss. 41(2)(b), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F7Ss. 101A(7A)-(7C) inserted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(3), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F8Words in s. 101A(8) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F9Words in s. 101A(8)(a) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(4), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F10Words in s. 101A(9) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F11Words in s. 101A(9) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(4), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F12Words in s. 101A(10) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F13S. 101A(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 237(4) (with Sch. 7)
F14Words in s. 101A(11) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(5), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F15Words in s. 101A(11)(b) substituted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(6)(a), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F16Words in s. 101A(11)(b) inserted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(6)(b), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
F17S. 101A(12)(13) inserted (1.11.2015) by Water Act 2014 (c. 21), ss. 41(7), 94(3); S.I. 2015/1786, art. 2 (with art. 3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: