Water Act 1989

Construction of Schedule

1 (1) In this Schedule references to a relevant pipe shall be construed—

(a) in relation to the Authority, as references to a resource main or discharge pipe;

(b) in relation to a water undertaker, as references to a water main (including a trunk main), resource main, discharge pipe or, subject to paragraph 4(2) below, service pipe;

(c) in relation to a sewerage undertaker, as references to any sewer or disposal main.

(2) In this Schedule “relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises; and in this sub-paragraph “waterworks” includes any relevant pipe and any spring, well, adit, borehole, service reservoir or tank.

(3) The powers conferred by this Schedule on a water undertaker or sewerage undertaker shall be exercisable both inside and outside the undertaker’s area and, in so far as they authorise the removal of any pipe or the alteration of its size or course, shall be subject to such obligations by virtue of which the undertaker is required to maintain a pipe or a connection with it, or to alter a pipe only where certain conditions are satisfied, as are imposed on the undertaker by or under any enactment.

(4) In this Schedule references to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe as the pipe replaced.

(5) Without prejudice to paragraph 1(2) of Schedule 10 to this Act, nothing in this Schedule shall authorise the installation of any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises where that apparatus is to be used for the purpose only of determining the amount of any charges fixed, or to be fixed, in relation to those premises wholly or partly by reference to the volume of that water or effluent.

(6) In this paragraph—

• “discharge pipe” means a pipe from which discharges are or are to be made under paragraph 8 below;

• “disposal main” means any outfall pipe or other pipe which—

  (a)

  is a pipe for the conveyance of effluent to or from any sewage disposal works, whether of a sewerage undertaker or of any other person; and

  (b)

  is not a public sewer;

  and

• “resource main” means any pipe, not being a trunk main, which is or is to be used for the purpose of—

  (a)

  conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or

  (b)

  giving or taking a supply of water in bulk.