Water Act 1989

Section 153.

SCHEDULE 19 Powers with respect to the Laying and Maintenance of Pipes etc.

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.

Street works

2 (1) Subject to the following provisions of this paragraph and to paragraph 3 below, the Authority, every water undertaker and every sewerage undertaker shall, for the purpose of carrying out its functions, have power—

(a) to lay a relevant pipe in, under or over any street and to keep that pipe there;

(b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in, under or over any street;

(c) to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(d) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a), (b) or (c) above, including for those purposes the following kinds of works, that is to say—

(i) breaking up or opening a street;

(ii) tunnelling or boring under a street;

(iii) breaking up or opening a sewer, drain or tunnel;

(iv) moving or removing earth and other materials.

(2) Without prejudice to the generality of sub-paragraph (1)(d) above, the Authority and every water undertaker shall have power to erect and keep in any street notices indicating the position of such underground accessories for its relevant pipes as may be used for controlling the flow of water in those pipes; and that power shall include power to attach any such notice to any building, fence or other structure which is comprised in premises abutting on the street.

(3) A stopcock fitted to any service pipe in a street shall be situated as near as reasonably practicable to the boundary of the street; and the Authority or a water undertaker shall consult with the highway authority concerned before determining in accordance with this sub-paragraph where to fit a stopcock in a highway.

(4) It shall be the duty of the Authority, of every water undertaker and of every sewerage undertaker—

(a) to do as little damage as possible in the exercise of the powers conferred on it by this paragraph; and

(b) to pay compensation for any loss caused or damage done in the exercise of those powers.

(5) Any dispute as to whether compensation should be paid under sub-paragraph (4) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State.

(6) For the purposes of section 32 of the [1950 c. 39.] Public Utilities Street Works Act 1950 (provisions against duplication of compensation) a payment of compensation under sub-paragraph (4) above shall be treated as made under an enactment passed before that Act.

(7) Where a water undertaker exercises its powers under this paragraph for the purpose of carrying out works of maintenance, repair or renewal in relation to a service pipe belonging to a person other than the undertaker, the undertaker shall be entitled to recover from the occupier of the premises supplied by means of that pipe the expenses reasonably incurred by that undertaker in so exercising that power.

(8) The reference in section 20 of the [1980 c. 66.] Highways Act 1980 (works in special roads) to a power under any enactment to lay down or erect apparatus includes a reference to any power to lay any pipe which is conferred by this paragraph.

(9) The restrictions contained in paragraphs (1) to (5) of section 32 of the [1870 c. 78.] Tramways Act 1870 (protection of tramways) shall apply in relation to any exercise of a power conferred by this paragraph as they apply in relation to the powers mentioned in that section and as if references in that section to a tramway included references to a trolley vehicle system.

Street works: railway companies, navigation authorities etc.

3 (1) Subject to the following provisions of this paragraph and without prejudice to section 160 of this Act, the powers conferred by paragraph 2 above to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the [1980 c. 66.] Highways Act 1980)—

(a) is under the control or management of, or is maintainable by, a railway company or navigation authority; or

(b) forms part of a level crossing belonging to such a company or authority or to any other person,

except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by paragraph 2 above for the carrying out of emergency works, within the meaning of the [1950 c. 39.] Public Utilities Street Works Act 1950.

(3) A consent given for the purposes of this paragraph may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) If the Authority or any water undertaker or sewerage undertaker contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph “railway company” means the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway.

Powers in relation to other land

4 (1) Subject to the following provisions of this paragraph, the Authority, every water undertaker and every sewerage undertaker shall, for the purpose of carrying out its functions, have power—

(a) to lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there;

(b) to inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land;

(c) to carry out on any such land all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(d) to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a), (b) or (c) above.

(2) Nothing in sub-paragraph (1) above shall authorise a water undertaker to lay a service pipe in, on or over any land except where—

(a) there is already a service pipe where that pipe is to be laid; or

(b) the undertaker is required to lay the pipe in, on or over that land by virtue of subsection (3)(b) or (c) or (4) of section 42 of this Act.

(3) The power conferred by virtue of paragraph (b) of sub-paragraph (1) above, and the power conferred in relation to that paragraph by virtue of paragraph (d) of that sub-paragraph, shall be exercisable in relation to a service pipe irrespective of the person to whom the pipe belongs; but expenses incurred in exercising those powers in relation to any pipe shall be recoverable from the person to whom the pipe belongs only if and to the extent that that person has agreed to pay them.

(4) The powers conferred by this paragraph shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.

(5) Subject to sub-paragraph (6) below, in relation to any exercise of the powers conferred by this paragraph for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of sub-paragraph (4) above shall be deemed—

(a) where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and

(b) where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.

(6) Sub-paragraph (5) above shall not apply in the case of any notice given within the period of one year beginning with the transfer date or in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—

(a) laying or altering a service pipe; or

(b) complying with a duty imposed under section 40 or 71 of this Act.

Stopcocks

5 (1) Subject to sub-paragraph (2) below and without prejudice to paragraph 4 above, a water undertaker shall have power, at its own expense, to fit a stopcock to any service pipe by which a supply of water is or is to be provided to any premises by the undertaker, whether that pipe belongs to the undertaker or to any other person.

(2) A stopcock fitted in private premises by a water undertaker to any service pipe shall be situated as near as practicable to any street from which that pipe enters those premises.

Compensation for works other than street works

6 (1) If the value of any interest in any relevant land is depreciated by virtue of the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the person entitled to that interest shall be entitled to compensation from the Authority or, as the case may be, the undertaker of an amount equal to the amount of the depreciation.

(2) Where the person entitled to an interest in any relevant land sustains loss or damage which—

(a) is attributable to the exercise by the Authority or by any water undertaker or sewerage undertaker of any power conferred by virtue of paragraph 4 or 5 above;

(b) does not consist in depreciation of the value of that interest; and

(c) is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance, if his interest in that land had been compulsorily acquired under section 151 of this Act,

he shall be entitled to compensation from the Authority or, as the case may be, the undertaker in respect of that loss or damage, in addition to compensation under sub-paragraph (1) above.

(3) Where any damage to, or injurious affection of, any land which is not relevant land is attributable to the exercise by the Authority, or by any water undertaker or sewerage undertaker, of any power conferred by virtue of paragraph 4 or 5 above, the Authority or, as the case may be, the undertaker shall pay compensation in respect of that damage or injurious affection to every person entitled to an interest in that land.

(4) Any question of disputed compensation under this paragraph, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such compensation the provisions of sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply, subject to any necessary modifications.

(5) For the purpose of assessing any compensation under this paragraph, so far as that compensation is in respect of loss or damage consisting in depreciation of the value of an interest in land, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(6) Where the interest in land in respect of which any compensation falls to be assessed in accordance with sub-paragraph (5) above is subject to a mortgage—

(a) the compensation shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) no such compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d) any such compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

(7) Where, apart from this sub-paragraph, any person entitled to an interest in any land would be entitled under this paragraph to an amount of compensation in respect of any works, there shall be deducted from that amount an amount equal to the amount by which the carrying out of the works has enhanced the value of any other land which—

(a) is contiguous or adjacent to that land; and

(b) is land to an interest in which that person is entitled in the same capacity.

(8) The Secretary of State may by regulations make provision requiring the Authority or any water undertaker or sewerage undertaker, where it is proposing or has begun to exercise any power conferred by virtue of paragraph 4 or 5 above in a prescribed case, to make advance payments on account of compensation that will become payable in respect of the exercise of that power.

(9) In this paragraph “relevant land”, in relation to any exercise of a power conferred by virtue of paragraph 4 or 5 above, means the land where the power is exercised or land held with that land.

Works below high water mark

7 Nothing in the preceding provisions of this Schedule shall authorise the Authority or any water undertaker or sewerage undertaker to carry out any works at any place below the place to which the tide flows at mean high water springs, except in accordance with such plans and sections, and subject to such restrictions, as may, before the works are commenced, have been approved by the Secretary of State by notice served on the Authority or, as the case may be, that undertaker.

Discharges for works purposes

8 (1) Subject to the following provisions of this paragraph and to paragraph 9 below, where the Authority or any water undertaker—

(a) is exercising or about to exercise any power conferred by any of the preceding provisions of this Schedule; or

(b) is carrying out, or is about to carry out, the construction, alteration, repair, cleaning, or examination of any reservoir, well, borehole, or other work belonging to or used by the Authority or that undertaker for the purposes of, or in connection with, the carrying out of any of its functions,

the Authority or, as the case may be, that undertaker may cause the water in any relevant pipe or in any such reservoir, well, borehole or other work to be discharged into any available watercourse.

(2) It shall be the duty of the Authority and of every water undertaker—

(a) to cause as little loss and damage as possible in the exercise of the powers conferred on it by this paragraph; and

(b) to pay compensation for any loss caused or damage done in the exercise of those powers.

(3) For the purposes of sub-paragraph (2) above any extra expenditure—

(a) which it becomes reasonably necessary for any water undertaker, sewerage undertaker or public authority (other than the one making the discharge) to incur for the purpose of properly carrying out any statutory functions; and

(b) which is attributable to any discharge of water under this paragraph,

shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by this paragraph.

(4) Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) If the Authority or any water undertaker fails to take all necessary steps to secure that any water discharged by it under this paragraph is as free as may be reasonably practicable from—

(a) mud and silt;

(b) solid, polluting, offensive or injurious substances; and

(c) any substances prejudicial to fish or spawn, or to spawning beds or food of fish,

the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) Nothing in this paragraph shall authorise any discharge which—

(a) damages or injuriously affects the works or property of any railway company or navigation authority; or

(b) floods or damages any highway.

(7) Sections 107 and 108 of this Act shall have effect as if this paragraph and paragraph 9 below were prescribed enactments for the purposes of subsection (1)(e) of the said section 108.

(8) In this paragraph “railway company” has the same meaning as in paragraph 3 above.

Consents for certain discharges

9 (1) Except in an emergency, no discharge through any pipe the diameter of which exceeds two hundred and twenty-nine millimetres shall be made under paragraph 8 above except—

(a) in the case of a discharge by the Authority, with such consent as may be prescribed; and

(b) in the case of a discharge by a water undertaker, with the consent of the Authority and of any navigation authority which carries out functions in relation to—

(i) the part of the watercourse where the discharge is made; or

(ii) any part of that watercourse which is less than three miles downstream from the place of the discharge.

(2) For the purposes of this paragraph, the Authority and every water undertaker shall keep a register of persons and premises and shall enter the name and address of any person in that register in respect of any premises which abut on any watercourse if that person has requested to be so registered and is either—

(a) the owner or occupier of those premises; or

(b) an officer of an association of owners or occupiers of premises which abut on that watercourse and include those premises.

(3) Where any person makes an application to any other person for a consent for the purposes of this paragraph—

(a) that application shall be accompanied or supplemented by all such information as that other person may reasonably require; and

(b) the applicant shall serve a copy of the application, and of any consent given on that application, on every person who—

(i) is registered with the applicant in respect of any premises which are within three miles of the place where the discharge to which the application relates is proposed to be made and are not upstream from that place; and

(ii) has not agreed in writing that he need not be served with such a copy.

(4) An application for a consent for the purposes of this paragraph shall be determined—

(a) in the case of an application with respect to a particular discharge, before the end of the period of seven days beginning with the day after the application is made; and

(b) in any other case, before the end of the period of three months beginning with that day;

and where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.

(5) A consent for the purposes of this paragraph may relate to a particular discharge or to discharges of a particular description and may be made subject to such reasonable conditions as may be specified by the person giving it; but a consent for those purposes shall not be unreasonably withheld.

(6) Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(7) Where any discharge under paragraph 8 above is made in an emergency without the consent which, if there were no emergency, would be required by virtue of this paragraph, the Authority or, as the case may be, the undertaker which made the discharge shall, as soon as practicable after making the discharge, serve a notice which—

(a) states that the discharge has been made; and

(b) gives such particulars of the discharge and of the emergency as the persons served with the notice might reasonably require,

on every person on whom the Authority or that undertaker would have been required to serve the application for that consent or any copy of that application.

(8) If the Authority or any water undertaker contravenes, without reasonable excuse, any of the requirements of this paragraph or any condition of a consent given for the purposes of this paragraph, the Authority or, as the case may be, the undertaker shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Powers of entry

10 (1) Any person designated in writing for the purpose by the Authority or by a water undertaker or sewerage undertaker may enter any premises for any of the purposes specified in sub-paragraph (2) below.

(2) The purposes mentioned in sub-paragraph (1) above are—

(a) the carrying out of any survey or tests for the purpose of determining—

(i) whether it is appropriate and practicable for the Authority or, as the case may be, the undertaker to exercise any power conferred by this Schedule;

(ii) how any such power should be exercised; or

(b) the exercise of any such power.

(3) The power by virtue of sub-paragraph (1) above of a person designated by the Authority, or by a water undertaker or sewerage undertaker, to enter any premises for the purposes of carrying out any survey or tests shall include power—

(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and

(b) to take away and analyse such samples of water or effluent or of any land or articles as the Authority or, as the case may be, the undertaker considers necessary for the purpose of determining either of the matters mentioned in sub-paragraph (2)(a) above and has authorised that person to take away and analyse.

(4) Without prejudice to any power exercisable by virtue of a warrant under section 178 of this Act, no person shall make an entry into any premises by virtue of this paragraph except—

(a) in an emergency; or

(b) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

(5) The reference in sub-paragraph (4) above to an emergency—

(a) in relation to any entry to premises for the purposes of, or for purposes connected with, the exercise or proposed exercise of any power conferred by paragraph 2 above, includes a reference to any circumstances requiring the carrying out of emergency works within the meaning of the [1950 c. 39.] Public Utilities Street Works Act 1950; and

(b) in relation to any other entry to premises, includes a reference to any danger to property and to any interruption of a supply of water provided to any premises by any person and to any interruption of the provision of sewerage services to any premises.

Exhaustive nature of powers

11 This Schedule shall be without prejudice to any powers conferred by virtue of Schedule 10 or 20 to this Act or otherwise by virtue of this Act or any agreement; but nothing in Part II of this Act by virtue of which a water undertaker or sewerage undertaker owes a duty to any particular person to lay any relevant pipe shall be construed—

(a) as conferring any power on the undertaker in addition to those conferred by this Schedule; or

(b) as requiring the undertaker to carry out any works which it has no power to carry out.