Water Act 2003

90 Water main requisitions: financial conditions E+W

(1) Section 42 of the WIA (financial conditions of compliance with water main requisition) is amended as follows.

(2) In subsection (2), for paragraph (a) there is substituted—

“(a) bind the person or persons mentioned in that subsection to pay to the undertaker either (at the election of such person or persons)—

(i) in respect of each of the twelve years following the provision of the main, an amount not exceeding the relevant deficit (if any) for that year on that main; or

(ii) following provision of the main, a single amount not exceeding the discounted aggregate deficit on that main; and”.

(3) In subsection (6), for the words from “shall be referred” to the end there is substituted “ may be referred to the Authority for determination under section 30A above by either party to the dispute. ”.

(4) For subsection (7) there is substituted—

“(7) In this section “relevant deficit” and “discounted aggregate deficit” have the meanings given by sections 43 and 43A below, respectively.”

(5) The amendments made by subsections (2) to (4) of this section do not apply in respect of water main requisitions (as defined in section 43(9) of the WIA) for which notice has been served under section 41(1) of that Act before the commencement of the subsection in question.

Commencement Information

I1 S. 90 in force at 28.5.2004 by S.I. 2004/641, art. 4(a) (with Sch. 3 para. 7)