Water Industry Act 1991

Authorisations having effect as deemed consents under the Control of Pollution Act 1974 E+W

2 (1) Where, by virtue of section 43(2) of the M1 Control of Pollution Act 1974 there is, immediately before the commencement of this Act, a deemed consent for the purposes of the M2 Public Health (Drainage of Trade Premises) Act 1937 which has effect under the M3 Water Act 1989 in relation to any sewerage undertaker, that deemed consent shall have effect as a deemed consent for the purposes of Chapter III of Part IV of this Act subject to the following provisions of this paragraph. E+W

(2) The sewerage undertaker—

(a) may at any time; and

(b) shall if requested to do so by any person entitled to make a discharge in pursuance of the deemed consent,

by notice served on the owner and any occupier of the premises in question cancel the deemed consent and, subject to sub-paragraph (3) below, give its actual consent for such discharges as were authorised by the deemed consent.

(3) An actual consent given under sub-paragraph (2) above shall be so given either conditionally or subject to any conditions which may be attached to consents by virtue of section 121 of this Act.

[F1 (3A) If a sewerage undertaker serves a notice under sub-paragraph (2) in relation to premises in respect of which a sewerage licensee provides sewerage services, the sewerage undertaker must send a copy of the notice to the sewerage licensee.]

(4) It is hereby declared that the provisions of Chapter III of Part IV of this Act with respect to the variation of conditions of a consent apply in relation to an actual consent under sub-paragraph (2) above as they apply in relation to any other actual consent under Chapter III of Part IV of this Act.

(5) A notice signifying an actual consent under sub-paragraph (2) above shall indicate that a right of appeal is conferred under the following paragraph in respect of the notice.

Textual Amendments

F1 Sch. 8 para. 2(3A) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 123; S.I. 2017/462, art. 3(k)(xxiii)

Modifications etc. (not altering text)

C1 Sch. 8 para. 2 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).

C2 Sch. 8 paras. 2-4 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C3 Sch. 8 paras. 2-4 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)

Marginal Citations

M1 1974 c. 40.

M2 1937 c. 40.

M3 1989 c. 15.