New Roads and Street Works Act 1991

89 Public sewers, sewer authorities and related matters. E+W

(1) In this Part—

(a) “sewer” and “public sewer” have the same meaning as in [F1 the M1 Water Industry Act 1991], and

(b) “sewer authority”, in relation to a public sewer, means the sewerage undertaker within the meaning of that Act in whom the sewer is vested.

(2) An undertaker proposing to execute street works affecting a public sewer shall consult the sewer authority before giving notice under section 55 (notice of starting date) in relation to the works.

(3) References in this Part to apparatus include a sewer, drain or tunnel.

(4) References to the undertaker in relation to such apparatus, or in relation to street works in connection with such apparatus, shall be construed—

(a) in the case of a public sewer, as references to the sewer authority, and

(b) in any other case, as references to the authority, body or person having the management or control of the sewer, drain or tunnel.

(5) Section 69 (provisions as to works likely to affect other apparatus in the street) does not apply by virtue of subsection (3) above in relation to works likely to affect a public sewer if, or to the extent that, Schedule 4 (works in streets with special engineering difficulties) applies.

Textual Amendments

F1 Words in s. 89(1) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 57(1)

Marginal Citations

M1 1991 c. 56