Part VI UNDERTAKERS ’ POWERS AND WORKS

CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

Interpretation of Part VI

192 Interpretation of Part VI.

(1)

In this Part “discharge pipe” means a pipe from which discharges are or are to be made under section 165 above.

(2)

In this Part references to maintaining a pipe include references to cleansing it and references to altering a pipe include references to altering its size or course, to moving or removing it and to replacing it with a pipe which is of the same description of relevant pipe (within the meaning of section 158 above) as the pipe replaced.

(3)

The powers conferred by this Part on a relevant undertaker shall be exercisable both inside and outside the undertaker’s area.

(4)

In so far as any powers conferred by this Part on a relevant undertaker authorise the removal of any pipe or the alteration of its size or course, those powers shall be subject to such obligations by virtue of which the undertaker is required—

(a)

to maintain a pipe or a connection with it; or

(b)

to alter a pipe only where certain conditions are satisfied,

as are imposed on the undertaker by or under any enactment.

(5)

The powers conferred by virtue of this Part are without prejudice to any power conferred by virtue of any agreement and are cumulative.