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 M2Local 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 F12those 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 F13those 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) F16or, as the case may be, subsection (2A) below have been given by the person or persons who have required the provision of the sewer F15or (as the case may be) lateral drain ; and

F17such 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 F24or 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 F29the Authority; or

in default of such a determination, by F29the 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 F30in 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 M3Water Consolidation (Consequential Provisions) Act 1991, a requirement under section 71 of the M4Water Act 1989);

a requirement under the provisions of section 16 of the M5Water 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 F36. . . ;

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 F37. . . 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 F43subsection (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;

F49the Welsh Ministers , in relation to disputes between sewerage undertakers and owners or occupiers of premises in WalesF50, 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; F56...

the amount of any charge imposed,F58or

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;F59. . .

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 F63, 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 F64or 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 F65or 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 F66, 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; F68. . .

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 F71or 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 F29its 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) F101or (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 F105the 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 F113of 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.

not to issue the code, or

to issue the code with specified modifications.

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.

make different provision for different sewerage undertakers or different descriptions of sewerage undertaker;

make different provision for different purposes;

make provision subject to exceptions.

guidance is issued under section 110J, and

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

specify conditions by reference to any party to a main connection agreement;

require that steps be taken for the purpose of reducing the cost to a sewerage undertaker of permitting a main connection into its sewerage system;

make provision as to the content of the notice;

specify the period within which an undertaker is to give notice to the Authority.

the provision of the rules that brings about the reduction in the charge;

the amount of the charge, with and without the reduction;

the period for which the reduction has effect.

prepare a draft of the proposed rules, and

consult such persons about the proposed rules as it thinks appropriate.

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 Welsh Ministers;

the Secretary of State;

such other persons as the Minister thinks appropriate.

informing the undertaker that sewerage services to the premises are to be provided by a sewerage licensee, and

specifying the time after which the undertaker will no longer be required to provide sewerage services to the premises.

a Saturday or Sunday, or

Christmas Day, Good Friday or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

a sewerage licensee (“the previous licensee”) ceases to provide sewerage services to any premises, and

the Authority must give notice of the proposed direction to the licensee, and

the licensee may, in accordance with the code issued under section 110O, temporarily suspend the election made by the licensee as mentioned in subsection (4), so that the proposed direction cannot be given to the licensee.

the charges payable in respect of the provision of the services are to be fixed from time to time by a charges scheme under section 143, and

the provision of services by the interim licensee is to be treated as having begun on the date on which the previous licensee ceased to provide services to the premises,

the services are to be provided until they are discontinued in accordance with the terms and conditions mentioned in paragraph (b).

under section 110K, on the sewerage undertaker continuing the provision of services under subsection (2), or

in accordance with the terms and conditions mentioned in subsection (7)(b), on the interim licensee continuing the provision of services by virtue of a direction given under subsection (3),

specify the time from which the new licensee is to continue the provision of the services in question, and

be served in accordance with the code issued under section 110O.

publish the scheme, or revised scheme, on the licensee's website, and

send a copy of the scheme, or revised scheme, to the Authority.

generally to terms and conditions applying in accordance with a scheme under this section, or

to terms and conditions so applying in any particular case.

the provision of sewerage services under section 110L, and

its power of direction under section 110L(3) (power to direct that eligible sewerage licensee provides interim sewerage services).

the procedure for electing to be an eligible sewerage licensee for the purposes of section 110L;

the procedure for temporarily suspending such an election under section 110L(5)(b);

the circumstances in which the Authority's power of direction under section 110L(3) or 110N(4) may or may not be exercised;

how the Authority will determine the date on which a sewerage licensee ceased to provide sewerage services to premises for the purposes of section 110L;

terms and conditions contained in schemes made under section 110N;

eligible sewerage licensees informing owners or occupiers of premises of their schemes for terms and conditions made under section 110N, before agreeing any terms and conditions as mentioned in section 110L(7)(b)(ii);

any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents; or

any such chemical refuse or waste steam, or any such liquid of a temperature higher than F121forty-three degrees Celsius , as by virtue of subsection (2) below is a prohibited substance; or

any petroleum spirit or carbide of calcium.

dangerous;

the cause of a nuisance; or

injurious, or likely to cause injury, to health.

on summary conviction, to a fine not exceeding the statutory maximum and to a further fine not exceeding £50 for each day on which the offence continues after conviction;

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

the court by which a person is convicted of the original offence may fix a reasonable date from the date of conviction for compliance by the defendant with any directions given by the court; and

where a court has fixed such a period, the daily penalty shall not be imposed in respect of any day before the end of that period.

crude petroleum;

oil made from petroleum or from coal, shale, peat or other bituminous substances; or

product of petroleum or mixture containing petroleum,

a person proposes to construct a drain or sewer; and

a sewerage undertaker considers that the proposed drain or sewer is, or is likely to be, needed to form part of a general sewerage system which that undertaker provides or proposes to provide,

repay to the person constructing the drain or sewer the extra expenses reasonably incurred by that person in complying with the undertaker’s requirements; and

until the drain or sewer becomes a public sewer, from time to time repay to that person so much of any expenses reasonably incurred by him in repairing or maintaining the drain or sewer as may be attributable to the undertaker’s requirements having been imposed and complied with.

belongs to them; and

is held or used by them for the purposes of their undertaking.

is not adapted to the general sewerage system of the area; or

is, in the opinion of the sewerage undertaker for the area, otherwise objectionable,

is equally effectual for the drainage of the premises; and

communicates with a public sewer.

the owner of the premises in question, and

any sewerage licensee providing sewerage services to those premises.

that any drain connecting with a public sewer, or any private sewer so connecting, is in such a condition as to be injurious or likely to cause injury to health or as to be a nuisance; or

that any such drain or private sewer is so defective as to admit subsoil water,

any drain or sewer which is vested in the authority in their capacity as a highway authority may, upon such terms as may be agreed, be used by the undertaker for the purpose of conveying surface water from premises or streets;

any public sewer vested in the undertaker may, upon such terms as may be agreed, be used by the authority for conveying surface water from roads repairable by the authority.

unreasonably refuse to enter into an agreement for the purposes of this section; or

insist unreasonably upon terms unacceptable to the other party;

provide a sewer which is equally effective for his use for that purpose; and

at the undertaker’s own expense, carry out any work necessary to make that person’s drains or sewers communicate with the sewer provided in pursuance of this subsection.

the sewerage undertaker has consulted the F132regional committee to which it has been allocated; and

the proposed procedure or modification has been approved by the Authority.

publicise the procedure in such manner as may be approved by F29the Authority; and

send a description of the procedure, free of charge, to any person who asks for one.

may specify the manner in which the review is to be conducted; and

shall require a written report of the review to be made to F29the Authority.

the procedure; or

the manner in which the procedure operates,

the removal, from buildings on the premises and from land occupied with and appurtenant to the buildings, of the contents of lavatories;

the removal, from such buildings and from such land, of water which has been used for cooking or washing; and

the removal, from such buildings and such land, of surface water;

in contravention of any applicable provision of the M13Water Resources Act 1991 or F133the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154); or

for the purpose of conveying foul water into any natural or artificial stream, watercourse, canal, pond or lake, without the water having been so treated as not to affect prejudicially the purity and quality of the water in the stream, watercourse, canal, pond or lake.