Water Industry Act 1991

99 Financial conditions of compliance. E+W

(1) The conditions mentioned in section 98(1)(c) [F1 or 98(1A)(c)] above are satisfied in relation to a requirement for the provision of a public sewer [F2 or (as the case may be) lateral drain] by a sewerage undertaker if—

(a) such undertakings as the undertaker may have reasonably required in accordance with subsection (2) [F3 or, as the case may be, subsection (2A)] below have been given by the person or persons who have required the provision of the sewer [F2 or (as the case may be) lateral drain] ; and

(b) [F4 such security as charging rules allow and the undertaker may have required] has been provided for the discharge of any obligations imposed by those undertakings on any person who, under subsection (3) below, may be required to secure his undertakings.

(2) The undertakings which a sewerage undertaker may require for the purposes of subsection (1) above in respect of any public sewer are undertakings which—

[F5 (a) bind the person or persons mentioned in that subsection to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules, and]

(b) in the case of undertakings binding two or more persons, bind them either jointly and severally or with liability to pay apportioned in such manner as they may agree.

[F6 (2A) The undertakings which a sewerage undertaker may require for the purposes of subsection (1) above in respect of any lateral drain are undertakings which—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of undertakings binding two or more persons, bind them either jointly and severally or with liability apportioned in such manner as they may agree.]

[F8 (3) For the purposes of subsection (1)(b) above a person may be required to secure his undertakings in relation to the provision of a public sewer or, as the case may be, a lateral drain if—

(a) it was by virtue of section 98(2)(a) or (b) or (as the case may be) section 98(2A)(a) or (b) above that he required, or joined in requiring, the provision of the sewer or drain; and

(b) he is not a public authority.]

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any dispute between a sewerage undertaker and any other person as to—

(a) the undertakings or security required by the undertaker for the purposes of this section; or

(b) the amount [F11 or amounts by way of charges] required to be paid in pursuance of any such undertaking,

[F12 may be referred to the Authority for determination under section 30A above by either party to the dispute.]

[F13 (7) [F14 In this section “relevant deficit” and “discounted aggregate deficit” have the meanings given by sections 100 and 100A below, respectively.]]

Textual Amendments

F1 Words in s. 99(1) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(a)(i), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F2 Words in s. 99(1) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(a)(ii), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F3 Words in s. 99(1)(a) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(a)(iii), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F4 Words in s. 99(1)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(a), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F5 S. 99(2)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(b), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F6 S. 99(2A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F7 S. 99(2A)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(c), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F8 S. 99(3) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(6)(c), 105(3); S.I. 2004/641, art. 4(c) (with Sch. 3 para. 7)

F9 S. 99(4) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F10 S. 99(5) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F11 Words in s. 99(6)(b) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(2)(e), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F12 Words in s. 99(6) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(1)(b)(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F13 S. 99(7) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 93(1)(c)(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F14 S. 99(7) repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 87; S.I. 2017/462, art. 5(e)(iii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))