to provide, improve and extend such a system of public sewers (whether inside its area or elsewhere) and so to cleanse and maintain those sewers F2and any lateral drains which belong to or vest in the undertaker as to ensure that that area is and continues to be effectually drained; and

to make provision for the emptying of those sewers and such further provision (whether inside its area or elsewhere) as is necessary from time to time for effectually dealing, by means of sewage disposal works or otherwise, with the contents of those sewers.

to its existing and likely future obligations to allow for the discharge of trade effluent into its public sewers; and

to the need to provide for the disposal of trade effluent which is so discharged.

by the Secretary of State; or

with the consent of or in accordance with a general authorisation given by the Secretary of State, by F3the Authority.

of facilitating the determination of the extent to which breaches of the obligations imposed by virtue of the following provisions of this Part are to amount to breaches of the duty imposed by section 94 above; or

of supplementing that duty by establishing overall standards of performance in relation to the provision of sewerage services by any sewerage undertaker,

include in a standard of performance a requirement for a sewerage undertaker, in prescribed circumstances, to inform a person of his rights by virtue of any such regulations;

provide for any dispute under the regulations to be referred by either party to the dispute to the Authority;

make provision for the procedure to be followed in connection with any such reference and for F3the Authority's determination on such a reference to be enforceable in such manner as may be prescribed;

prescribe circumstances in which a sewerage undertaker is to be exempted from requirements of the regulations.

impose requirements in connection with the provision of sewerage services;

is affected by the failure, and

is of a prescribed description.

include in a standard of performance a requirement for a sewerage licensee, in prescribed circumstances, to inform a person of that person's rights by virtue of any such regulations;

provide for a dispute under the regulations to be referred by either party to the dispute to the Authority;

make provision for the procedure to be followed in connection with any such reference and for the Authority's determination on such a reference to be enforceable in such manner as may be prescribed;

prescribe circumstances in which a sewerage licensee is to be exempted from requirements of the regulations.

the compensation paid by sewerage undertakers under regulations under section 95(2) above; F7...

the compensation paid by sewerage licensees under regulations under section 95ZA(2); and

the levels of overall performance achieved by sewerage undertakers F9or sewerage licensees in connection with the provision of sewerage services.

as respects each standard prescribed by regulations under section 95(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; and

as respects each standard established by regulations under section 95(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.

as respects each standard established by regulations under section 95ZA(1), such information with respect to the level of performance achieved by the licensee as may be specified in the direction;

as respects each standard prescribed by regulations under section 95ZA(2), the number of cases in which compensation was paid and the aggregate amount or value of that compensation.

any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of F3the Authority, seriously and prejudicially affect the interests of that individual; and

any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of F3the Authority, seriously and prejudicially affect the interests of that body.

on an application by the Authority, in accordance with subsections (1) to (3) below; or

otherwise than on such an application, in accordance with subsections (4) to (8) below.

the Secretary of State has considered F23the summary mentioned in subsection (2)(bb) below, F3the Authority's reasons for F3its proposals and every representation or objection which has been duly made with respect to those proposals, or any proposed modifications of those proposals, and has not been withdrawn.

sets out F25the Authority’s proposals for the making of regulations under section 95 above;

specifies the sewerage undertaker or undertakers in relation to which it is proposed F26the regulations should apply

is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above;; and

summarises F3the Authority's reasons for F3its proposals.

the only provisions of the regulations are F29those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals with such modifications as the Secretary of State considers appropriate; and

that the regulations will contribute towards the attainment of policies relating to public health or the environment; or

(if he does not consider that they will so contribute) that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made.

give notice of his proposals;

consider the results of the research carried out in accordance with subsection (7) below; and

consider every representation or objection with respect to the proposals which has been duly made and not withdrawn.

summarise the Secretary of State’s reasons for his proposals;

specify the sewerage undertaker or undertakers in relation to which it is proposed the regulations should apply; and

specify the period within which objections or representations with respect to the proposals may be made.

the Authority;

the Council;

every sewerage undertaker to which the regulations will apply;

persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; and

such other persons or bodies as the Secretary of State may consider appropriate.

the standards of overall performance established under section 95(1)(b) above which are applicable to that undertaker; and

that undertaker’s level of performance as respects each of those standards.

the standards of overall performance established under section 95ZA(1) which are applicable to that licensee;

that licensee's level of performance as regards those standards.

discharges treated effluent into a nitrogen sensitive catchment area, and

is not an exempt plant in relation to the nitrogen nutrient pollution standard.

discharges treated effluent into a phosphorus sensitive catchment area, and

is not an exempt plant in relation to the phosphorus nutrient pollution standard.

whether a habitats site is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen, phosphorus or compounds of nitrogen or phosphorus,

the catchment area for a habitats site, or

whether to exercise the power in subsection (4)(e),

must be in writing,

must be published as soon as practicable after being made,

if it takes effect after the end of the initial period, must specify the upgrade date (see section 96E(1)(b)), and

may specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration.

it has a capacity of less than a population equivalent of 2000 when the designation of the associated catchment area takes effect,

it has been designated by the Secretary of State as exempt in relation to the standard, or

it is exempt in relation to the standard under regulations under subsection (8).

the plant has a capacity of less than a population equivalent of 250, and

the designation takes effect after the designation of the associated catchment area takes effect.

must be in writing,

must be published as soon as practicable after being made, and

require that the Secretary of State consult the Environment Agency before specifying a concentration;

provide for any specified concentration to cease to have effect if, after the day on which the plant ceases to be an exempt plant, the plant again becomes an exempt plant.

1 April 2030, if the designation of the associated catchment area takes effect during the initial period;

the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.

the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);

the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.

where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).

where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).

from a storm overflow, or

by an emergency discharge.

make provision for requiring regular sampling of the treated effluent that a plant discharges to ascertain the concentration of total nitrogen or concentration of total phosphorus;

make provision for determining generally, or in a particular case, whether anything is, or is not, to be regarded as treated effluent discharged by a plant;

confer any function on the Secretary of State, the Authority, the Environment Agency, statutory undertakers or any other person;

make different provision for different purposes or different areas (including different plants within an area).

the standard concentration applied to nutrient significant plants, and

the nutrient significant plants were (on that basis) meeting the nutrient pollution standard on and after the applicable date.

require, or have the effect of requiring, that the concentration of nutrients in treated effluent discharged by a plant is higher or lower than, or equal to, the standard concentration;

relate to any or all of the plants mentioned in subsection (3)(a), including the concentration of nutrients in treated effluent discharged by those plants.

a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site.

paragraph (a) were omitted, and

section 96C(1), means nutrients in water comprising nitrogen or compounds of nitrogen;

section 96C(2), means nutrients in water comprising phosphorus or compounds of phosphorus.

must be in writing,

must be published as soon as practicable after being made, and

takes effect in accordance with subsection (3) or (4) (as appropriate).

if made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation;

if made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it;

may be revoked.

has no effect in relation to the designation of the area under section 96C(1) or (2);

may specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(3)).

all the nitrogen sensitive catchment areas, and

all the phosphorus sensitive catchment areas.

all catchment permitting areas.

by the Secretary of State, or

with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Authority.

whether to grant or vary any permit under environmental permitting regulations, or

any conditions to be included in any such permit.

any other obligation of a sewerage undertaker relating to nutrient levels in treated effluent of a plant, or any remedy available in respect of contravention of any such obligation;

any power to impose an obligation relating to nutrient levels in treated effluent of a plant (including by means of a condition included in a permit under environmental permitting regulations); and, in particular, nothing in those sections or this section is to be taken to preclude any such power being exercised so as to require a lower concentration of total nitrogen or lower concentration of total phosphorus in treated effluent of a plant than section 96B requires.

may, in particular, amend section 96D so that different plant capacities are specified in relation to the nitrogen nutrient pollution standard and the phosphorus nutrient pollution standard;

may, where different plant capacities will apply for different purposes or different areas as a result of regulations under subsection (1), amend section 96D so as to specify those capacities and the purposes or areas for which they apply.

amend section 96F(1)(a)(i) so as to substitute a different concentration of total nitrogen;

amend section 96F(2)(a)(i) so as to substitute a different concentration of total phosphorus.

operates for the first time, or

is altered.

overall environmental protection (within the meaning of section 45 of the Environment Act 2021),

nutrient pollution levels discharged by plants or across catchment areas,

enforcement, or

costs.

provide for a sewerage undertaker’s compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant;

include provision applying or corresponding to any provision in sections 96B to 96M (with or without modifications);

include provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site;

make different provision for different purposes or different areas.

the undertaker is required to provide the sewer by a notice served on the undertaker by one or more of the persons who under subsection (2) below are entitled to require the provision of the sewer for that locality;

the conditions specified in section 99 below are satisfied in relation to that requirement.

the undertaker is required to provide the lateral drain by a notice served on the undertaker by one or more of the persons who under subsection (2A) below are entitled to require the provision of the lateral drain;

the conditions specified in section 99 below are satisfied in relation to that requirement.

the owner of any premises in that locality;

the occupier of any premises in that locality;

any local authority within whose area the whole or any part of that locality is situated;

where the whole or any part of that locality is situated within a Mayoral development area, the Mayoral development corporation;

where the whole or any part of that locality is situated within an area designated as an urban development area under Part XVI of the M5Local Government, Planning and Land Act 1980, the urban development corporation.

the owner of the premises the drainage of which would be by means of that lateral drain;

the occupier of those premises;

any local authority within whose area those premises are situated;

where those premises are situated within an area designated as an urban development area under Part 16 of the Local Government, Planning and Land Act 1980, the urban development corporation.

where there are buildings on F62those premises , to such domestic sewerage purposes as are specified in relation to those buildings in the requirement; and

where any person is proposing to erect buildings on F63those premises , to such domestic sewerage purposes as are so specified in relation to the buildings and to times after the erection of the buildings.

such undertakings as the undertaker may have reasonably required in accordance with subsection (2) F66or, as the case may be, subsection (2A) below have been given by the person or persons who have required the provision of the sewer F65or (as the case may be) lateral drain ; and

F67such 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.

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

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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

he is not a public authority.

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

the amount F74or amounts by way of charges required to be paid in pursuance of any such undertaking,

requiring interest to be paid and capital to be repaid in twelve equal annual instalments; and

providing for the amount of the interest to be calculated at such rate, and in accordance with such other provision, as may have been determined for the purposes of this subsection.

by the undertaker with the approval of the Authority; or

in default of such a determination, by F3the Authority.

the costs reasonably incurred in providing such other public sewers and such pumping stations as it is necessary to provide in consequence of the provision of the new sewer; and

such proportion (if any) as is reasonable of the costs reasonably incurred in providing any such additional capacity in an earlier public sewer as falls to be used in consequence of the provision of the new sewer.

has been provided in the period of twelve years immediately before the provision of the new sewer; and

was so provided in pursuance of a public sewer requisition.

have been imposed by the undertaker in relation to such of the premises connected with that sewer as are premises where there are buildings; and

are reasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purpose from those premises.

may be given or made in relation to the provision of a particular public sewer, in relation to the provision of sewers of a particular description or in relation to the provision of public sewers generally; and

may be revoked at any time except in relation to a public sewer F79in respect of which the conditions referred to in section 99(1) above have already been satisfied.

a requirement under section 98 above (including, by virtue of paragraph 1 of Schedule 2 to the M6Water Consolidation (Consequential Provisions) Act 1991, a requirement under section 71 of the M7Water Act 1989);

a requirement under the provisions of section 16 of the M8Water Act 1973 (sewer requisitions); or

a requirement under any local statutory provision corresponding to section 98 above or to any of the provisions of that section 16.

imposed by the undertaker in relation to such of the premises with which the sewer is expected to be connected as are premises where there are buildings; and

reasonably attributable to the use of that sewer for the drainage for domestic sewerage purposes of those premises or to the disposal of effluent drained for any such purposes from those premises.

may be made in relation to the provision of a particular public sewer or in relation to the provision of public sewers generally; and

may be revoked at any time except in relation to a public sewer in respect of which the conditions referred to in section 99(1) above have already been satisfied.

the period of six months beginning with the relevant day has expired; and

by agreement between the undertaker and the person or persons who required the provision of the public sewer or, as the case may be, lateral drain; or

where there is a dispute as to whether the period should be extended, by the Authority on a reference under subsection (4) below.

such place or places as are determined by agreement between the sewerage undertaker and the person or persons who required the provision of the public sewer or, as the case may be, lateral drain; or

the day on which the conditions specified in section 99 above are satisfied in relation to the requirement; and

that the premises in question, or any of those premises, are premises on which there are buildings F85. . . ;

that the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; and

that the drainage of any of the premises in question F86. . . is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question.

the geology of the locality in question or of any other locality;

the number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer;

the costs of providing that sewer;

the nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; and

the extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects.

relate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above;

relate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter;

set out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section;

relate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above;

without prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section.

by the Secretary of State; or

with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Authority.

whether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection;

the domestic sewerage purposes for which any such sewer should be provided; or

the time by which any such duty of the undertaker should be performed,

either of the parties to the dispute, or

the appropriate person.

shall notify the parties of the reasons for its decision on any dispute referred to it under F92subsection (7A) above; and

may make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate.

the Environment Agency, in relation to disputes between sewerage undertakers and owners or occupiers of premises in England;

F98the Welsh Ministers , in relation to disputes between sewerage undertakers and owners or occupiers of premises in WalesF99, or such person as the Welsh Ministers may from time to time appoint as the appropriate person in relation to such disputes.

an individual who is not a member of the NRBW or the NRBW's staff, or

a body none of whose members is a member of the NRBW or the NRBW's staff.

in the case of a public sewer to be provided under section 98 above, by the person who requires the provision of the sewer under that section; and

in the case of a public sewer to be provided under section 101A above, by the owner or occupier of any premises in respect of which the duty to provide the sewer arises under that section (but any request may only be for the provision of a lateral drain to his premises).

whether a lateral drain should be provided pursuant to the request; F105...

the amount of any charge imposed,F107or

the security required to be provided,

any sewer which is situated within its area or which serves the whole or any part of that area;F108. . .

any sewage disposal works which are so situated or which serve the whole or any part of that area,

shall give notice of its proposal to any sewerage licensee which uses, or removes matter from, the undertaker's sewerage system in accordance with a retail, wholesale or disposal authorisation;

shall give notice of its proposal to the owner or owners of the sewer F112, lateral drain or works in question; and

shall take no further action in the matter until two months have elapsed without an appeal against the proposal being lodged under section 105 below or, as the case may be, until any appeal so lodged has been determined.

whether the sewer or works in question is or are adapted to, or required for, any general system of sewerage or sewage disposal which the undertaker has provided, or proposes to provide, for the whole or any part of its area;

whether the sewer F113or lateral drain is constructed under a highway or under land reserved by a planning scheme for a street;

the number of buildings which the sewer F114or lateral drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;

the method of construction and state of repair of the sewer F115, lateral drain or works; and

in a case where an owner objects, whether the making of the proposed declaration would be seriously detrimental to him.

any sewer which is situated within the area of another sewerage undertaker or which, though situated within its own area, serves the whole or any part of the area of another sewerage undertaker; F117. . .

any lateral drain which is situated within the area of another sewerage undertaker or which, though situated within its own area, communicates or is to communicate with a public sewer which is situated within or serves the whole or any part of the area of another sewerage undertaker; or

any sewage disposal works which are situated within the area of another sewerage undertaker or which, though situated within its own area, serve the whole or any part of the area of another sewerage undertaker,

the other undertaker has consented to the declaration; or

the Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.

a sewer (or part of a sewer) or a lateral drain is vested, or any sewage disposal works are vested, in a relevant body; and

in the case of a sewer, part of a sewer, lateral drain or works vested in railway undertakers or dock undertakers, the sewer, part or lateral drain in question is, or the works are, situated in or on land belonging to those undertakers and held or used by them for the purposes of their undertaking,

a sewer F120or lateral drain which is situated within the area of another sewerage undertaker; or

any sewage disposal works which are so situated,

any person at whose expense the undertaker is, by virtue of an agreement under section 160 below, to carry out work in connection with the construction of such a drain or sewer,

an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

any agreement which has been varied by order under section 105ZB(1).

a sewer, drain or sewage disposal works situated within the area of another sewerage undertaker; or

that other undertaker has consented to the making of the agreement; or

the Secretary of State, on an application made to him, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as he may think fit to impose.

the Secretary of State, in relation to undertakers whose areas are wholly or mainly in England, or

the Welsh Ministers, in relation to undertakers whose areas are wholly or mainly in Wales.

he is aggrieved by the proposal of a sewerage undertaker to make a declaration under section 102 above; or

he is aggrieved by the refusal of a sewerage undertaker to make such a declaration.

in the case of an appeal by virtue of paragraph (a) of that subsection, any time within two months after notice of the proposal is served on that owner; and

in the case of an appeal by virtue of paragraph (b) of that subsection, any time after receipt of notice of the undertaker’s refusal or, if no such notice is given, at any time after the end of two months from the making of the application for the declaration.

in the case of an appeal under subsection (1) above, allow or disallow the proposal of the sewerage undertaker or, as the case may be, make any declaration which the sewerage undertaker might have made; or

specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and

direct that F3its declaration shall not take effect unless any conditions so specified are accepted.

where the person is such person as is mentioned in section 104(1)(a), it is appropriate for work proposed to be done by a person other than the sewerage undertaker to be so done, and

the person and the sewerage undertaker cannot reach agreement within a reasonable time.

require the sewerage undertaker to give such undertakings as to the vesting of the sewer, such part of the drain as constitutes the lateral drain or the works in the undertaker as the Authority may specify, and

impose such terms and conditions as regards taking the benefit of the undertakings as the Authority may specify.

a sewer, drain or sewage disposal works situated in the area of another undertaker, or

the other sewerage undertaker has consented in writing to the making of the order, or

the Minister, on an application made to the Minister, has disapplied paragraph (a), either unconditionally or subject to such conditions as the Minister thinks fit.

the Secretary of State, as regards the consent of a sewerage undertaker whose area is wholly or mainly in England;

the Welsh Ministers, as regards the consent of a sewerage undertaker whose area is wholly or mainly in Wales.

section 32 of the Competition Act 1998 (directions in relation to agreements);

section 35(2) of that Act (interim directions).

which is connected with an agreement for the vesting of a sewer, drain or sewage disposal works in a sewerage undertaker at a future date or on a future event, and

in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.

facilitating effective competition within the sewerage services industry;

the recovery by the sewerage undertaker of the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;

the ability of the sewerage undertaker to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;

not putting at risk the ability of the sewerage undertaker to meet its existing obligations, or likely future obligations, to provide sewerage services.

if it appears to the Authority that it is necessary or expedient that the section 104 agreement should be varied (or terminated),

if the Authority is satisfied, in the case of an application to vary the agreement involving such person as is mentioned in section 104(1)(a), that it is appropriate for work proposed to be done by a person other than the sewerage undertaker to be so done, and

if the Authority is satisfied that variation (or termination) cannot be achieved by agreement within a reasonable time,

has effect subject to the provision made by the order, or

ceases to have effect, as the case may be.

section 32 of the Competition Act 1998 (directions in relation to agreements);

section 35(2) of that Act (interim directions).

which is connected with an agreement to vary or terminate a section 104 agreement, and

in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.

facilitating effective competition within the sewerage services industry;

the recovery by the sewerage undertaker of the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;

the ability of the sewerage undertaker to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;

not putting at risk the ability of the sewerage undertaker to meet its existing obligations, or likely future obligations, to provide sewerage services.

an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

any agreement which has been varied by order under subsection (1).

procedures in connection with making an agreement under section 104;

procedures in connection with varying or terminating a section 104 agreement;

procedures to be followed by the Authority in determining whether to make an order under section 105ZA(4) or 105ZB(1);

the circumstances in which it is, or is not, appropriate for work to be done by a person other than a sewerage undertaker;

the terms and conditions of a section 104 agreement;

principles for determining the terms and conditions that should or should not be incorporated into a section 104 agreement;

the steps to be taken by the Authority in determining whether a person is complying with the code.

the nature of the work;

the kind of premises supplied or to be supplied.

constructing associated infrastructure;

vesting associated infrastructure in a sewerage undertaker;

making a communication with public sewers.

prepare a draft of the proposed code under section 105ZC, and

consult such persons about the proposed code as it considers appropriate.

not to issue the code, or

to issue the code with specified modifications.

the Secretary of State, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;

the Welsh Ministers, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.

a revision for which consultation is unnecessary, or

a revision that it is necessary or desirable to make without delay.

the issuing of the revised code, and

as regards each revision contained in it, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

what types of charge may be imposed;

the amount or the maximum amount, or a method for determining the amount or maximum amount, of any type of charge;

principles for determining what types of charge may or may not be imposed;

principles for determining the amount of any charge that may be imposed;

publication of the charges that may be imposed.

revenue that might be derived from the sewer, drain or sewage disposal works in question;

costs that might have been incurred in providing such a sewer, drain or sewage disposal works.

the amount of security that may be required by a sewerage undertaker for the purposes of any charges imposed by the sewerage undertaker under a section 104 agreement;

the type of security that may be required;

the payment of interest on a sum deposited with a sewerage undertaker by way of security.

guidance is issued under section 105ZI, and

the Authority, having regard to that guidance, considers that it is appropriate to revise the rules.

prepare a draft of the proposed rules, and

consult the relevant persons about the draft.

the Secretary of State;

the Welsh Ministers;

the Council;

any sewerage undertakers or other persons likely to be affected by the rules;

such other persons as the Authority thinks appropriate.

the Secretary of State, so far as the rules relate to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;

the Welsh Ministers, so far as the rules relate to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.

a revision for which consultation is unnecessary, or

a revision that it is necessary or desirable to make without delay.

that period of 14 days expires, or

the Minister notifies the Authority that no direction under subsection (4) will be given in relation to the revised rules,

the issuing of the revised rules, and

as regards each revision contained in them, whether in the view of the Authority the revision falls within paragraph (a) or (b) of subsection (1).

prepare a draft of the proposed guidance;

consult the relevant persons about the draft.

the Secretary of State;

the Welsh Ministers;

such other persons as the Minister thinks appropriate.

the Secretary of State, so far as the guidance is as to the content of rules relating to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;

the Welsh Ministers, so far as the guidance is as to the content of rules relating to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.

the area of a sewerage undertaker, or part or parts of it; or

the areas of more than one sewerage undertaker, or part or parts of them.

fall within the area to which a scheme relates; and

satisfy specified criteria.

specified in the regulations; or

determined in accordance with the regulations and specified in the scheme.

sections 103 and 105 above shall not apply; and

if the regulations so provide, section 146(3) below shall not apply in circumstances or cases specified in the regulations.

the proposal of a sewerage undertaker to make a declaration under section 102 above in relation to a sewer, lateral drain or sewage disposal works, pursuant to the undertaker’s duty to do so under section 105A(4) above (the “relevant duty”); or

the failure of a sewerage undertaker to make such a proposal pursuant to that duty.

an owner of a sewer, lateral drain or sewage disposal works;

any other person affected by the proposal, or the failure, in question.

in a subsection (1)(a) case, that the relevant duty is not owed in relation to the sewer, lateral drain or sewage disposal works, or that the making of the proposed declaration would be seriously detrimental to him;

in a subsection (1)(b) case, that the relevant duty is owed in relation to the sewer, lateral drain or sewage disposal works; or

any other prescribed ground.

served on the owner of the sewer, lateral drain or sewage disposal works; or

published in accordance with section 102(4) above as modified by section 105A(6) above,

in a subsection (1)(a) case, allow or disallow the proposal of the sewerage undertaker; or

in a subsection (1)(b) case, determine that the undertaker was not under the relevant duty in relation to the sewer, lateral drain or sewage disposal works in question,

specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and

direct that its declaration shall not take effect unless any conditions so specified are accepted.

each sewerage undertaker which would be affected;

any sewerage licensee which uses, or removes matter from, the sewerage system of any such sewerage undertaker in accordance with a retail, wholesale or disposal authorisation;

the Authority;

the Council;

such other persons as the Secretary of State considers appropriate.

the owner or occupier of any premises, or

the owner of any private sewer which drains premises,

references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and

to have his drains or sewer made to communicate directly with a storm-water overflow sewer.

does not satisfy the standards reasonably required by the undertaker; or

is such that the making of the communication would be prejudicial to the undertaker’s sewerage system.

the reasonableness of the undertaker’s refusal to permit a communication to be made; or

as to the reasonableness of any requirement under subsection (5) F150or (5A) above,

the grounds on which a sewerage undertaker may refuse to permit the communication shall be such grounds as the undertaker thinks fit; and

no application to F154the Director may be made under subsection (6) above in respect of any refusal under this subsection.

the construction of the drainage system was approved under that Schedule, and

the proposals for approval included a proposal for the communication with the public sewer.

under section 106(4), or

on grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.

provision about the standards according to which the drain or sewer was to be constructed, and

provision about adoption of the drain or sewer by the sewerage undertaker.

incorporate or accord with standards published by the Minister, or

depart from those standards by express consent of the parties to the agreement.

include provision for adoption to occur automatically upon the occurence of specified events, and

comply with any regulations made by the Minister (which may concern the provision required by paragraph (a) of this subsection).

to drainage systems required to be approved in accordance with Schedule 3 to the Flood and Water Management Act 2010, or

in other circumstances specified by the Minister in regulations.

whether or not in reliance on section 106(4), and

whether or not the terms of the agreement under section 104 (including terms required by this section) have been complied with.

the Secretary of State, in relation to sewerage undertakers whose areas are wholly or mainly in England, and

the Welsh Ministers, in relation to sewerage undertakers whose areas are wholly or mainly in Wales.

within fourteen days after the receipt of the notice; or

if any question arising under the notice requires to be determined by the Authority, within fourteen days after the determination of that question,

the undertaker and the person entered into an agreement under section 104, and

the agreement provides for the communication to which the person's proposal relates to be made by the person.

the undertaker shall have all such rights in respect of the making of the communication as the person desiring it to be made would have; but

whether the undertaker’s estimate F162of the amount of charges given under subsection (3)(b)(i) above is reasonable,

the security required by the undertaker, or

whether any excess is repayable, or any charges are payable, under subsection (4), or the amount of any such excess or charges,

an order under section 105ZA which is deemed to be an agreement by virtue of section 105ZA(5), and

an agreement which has been varied by order under section 105ZB(1).

before commencing the work, give reasonable notice to any person directed by the undertaker to superintend the carrying out of the work; and

afford any such person all reasonable facilities for superintending the carrying out of the work.

of exercising his rights under section 106 above; or

of examining, repairing or renewing any drain or private sewer draining his premises into a public sewer,

in contravention of any of the provisions of section 106 or 108 above; or

before the end of the period mentioned in subsection (4) of that section 106,

close any communication made in contravention of any of the provisions of section 106 or 108 above; and

recover from the offender any expenses reasonably incurred by the undertaker in so doing.

communicates with such parts of that sewer or of any other sewer; or

discharges into any such sewage disposal works,

a qualifying person requests a sewerage undertaker to permit a main connection into the established undertaker's sewerage system for the benefit of the qualifying person, or

a sewerage undertaker proposes such an arrangement;

a sewerage undertaker, or

a person who has made an application for an appointment or variation under section 8 which has not been determined.

if it appears to the Authority that it is necessary or expedient for the purposes of this Part that the established undertaker should permit a main connection into its sewerage system, and

if the Authority is satisfied that the established undertaker and qualifying person cannot reach agreement,

the person becomes a sewerage undertaker for the area specified in the order, or

the person becomes a sewerage undertaker for an area that includes the area specified in the order (in the case of a sewerage undertaker applying for a variation).

section 32 of the Competition Act 1998 (directions in relation to agreements);

section 35(2) of that Act (interim directions).

which is connected with such agreement as is mentioned in subsection (7), and

in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.

facilitating effective competition within the sewerage services industry;

the established undertaker's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;

the established undertaker's being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;

not putting at risk the ability of the established undertaker to meet its existing obligations, or likely future obligations, to provide such services.

both the Environment Agency and the NRBW, in any other case.

if it appears to the Authority that it is necessary or expedient for the purpose of this Part that the main connection agreement should be varied or terminated, and

if the Authority is satisfied that variation or termination cannot be achieved by agreement,

has effect subject to the provision made by the order, or

ceases to have effect (as the case may be).

section 32 of the Competition Act 1998 (directions in relation to agreements);

section 35(2) of that Act (interim directions).

which is connected with an agreement to vary or terminate a main connection agreement, and

in respect of which section 35(1) of the Competition Act 1998 applies because of an investigation under section 25 of that Act relating to a suspected infringement of the Chapter 2 prohibition imposed by section 18(1) of that Act.

facilitating effective competition within the sewerage services industry;

the established undertaker's recovering the expenses of complying with its obligations by virtue of this section and securing a reasonable return on its capital;

the established undertaker's being able to meet its existing obligations, and likely future obligations, to provide sewerage services without having to incur unreasonable expenditure in carrying out works;

not putting at risk the ability of the established undertaker to meet its existing obligations, or likely future obligations, to provide such services.

procedures in connection with making an agreement to permit a main connection into a sewerage undertaker's sewerage system;

procedures in connection with varying or terminating a main connection agreement;

procedures to be followed by the Authority in determining whether to make an order under section 110A(3) or 110B(1);

the terms and conditions of a main connection agreement, including terms as to the duration of such an agreement;

principles for determining the terms and conditions that should or should not be incorporated into a main connection agreement;

the steps to be taken by the Authority in determining whether a person is complying with the code.

prepare a draft of the proposed code under section 110C, and

consult such persons about the proposed code as it considers appropriate.