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Water Industry Act 1991
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Changes over time for: Section 101
Version Superseded: 28/05/2004
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- 01/12/1991- Amendment
- 27/03/2002
Point in time - 28/05/2004- Amendment
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101 Determination of completion date and route for requisitioned sewer.E+W
(1)A sewerage undertaker shall not be in breach of a duty imposed by section 98 above in relation to any locality unless-
(a)the period of six months beginning with the relevant day has expired; and
(b)the sewerage undertaker has not, before the end of that period, so laid the public sewer to be provided as to enable drains and private sewers to be used for the drainage of premises in that locality to communicate with the public sewer at the places determined under subsection (3) below.
(2)The period mentioned in subsection (1)(a) above may be extended—
(a)by agreement between the undertaker and the person or persons who required the provision of the public sewer; or
(b)where there is a dispute as to whether the period should be extended, by an arbitrator on a reference under subsection (4) below.
(3)The places mentioned in subsection (1)(b) above shall be—
(a)such places as are determined by agreement between the sewerage undertaker and the person or persons who required the provision of the public sewer; or
(b)in default of agreement, such places as are determined by an arbitrator on a reference under subsection (4) below to be the places at which it is reasonable, in all the circumstances, for drains or private sewers to be used for the drainage of premises in that locality to communicate with the public sewer.
(4)A reference for the purposes of subsection (3) or (4) above shall be to a single arbitrator appointed—
(a)by agreement between the undertaker and the person or persons who required the provision of the public sewer; or
(b)in default of agreement, by the President of the Institution of Civil Engineers.
(5)In this section “relevant day”, in relation to a requirement to provide a public sewer for any locality, means the day after whichever is the later of the following, that is to say—
(a)the day on which the conditions specified in section 99 above are satisfied in relation to the requirement; and
(b)the day on which the places where drains or private sewers to be used for the drainage of premises in that locality will communicate with the public sewer are determined under subsection (3) above.
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