Water Industry Act 1991

[F1 101B [F1 Power to construct lateral drains following provision of public sewer] E+W

(1) Where a sewerage undertaker provides a public sewer pursuant to a duty to do so imposed on it by section 98 or section 101A above, the undertaker may, at the request of the person mentioned in subsection (2) below, also provide at the same time one or more lateral drains to be used for the drainage for domestic purposes of premises in its area and to communicate with that sewer.

(2) A request under subsection (1) above may be made—

(a) 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

(b) 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).

(3) The person making a request under this section shall pay to the [F2 sewerage] undertaker, following provision of the lateral drain, [F3 such charges as the undertaker may impose in accordance with charging rules].

[F4 (3A) The sewerage undertaker may require the person making a request under this section to provide such security for the payment of the charges as charging rules allow.]

(4) Any dispute between the sewerage undertaker and the person making a request under this section as to—

(a) whether a lateral drain should be provided pursuant to the request; F5 ...

[F6 (b) the amount of any charge imposed,][F7 or

(c) the security required to be provided,]

may be referred to the Authority for determination under section 30A above by either party to the dispute.

(5) Any lateral drain provided pursuant to a request made to a sewerage undertaker under this section shall belong to the undertaker.]

Textual Amendments

F1 S. 101B inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 95(9)(10), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F2 Word in s. 101B(3) substituted (1.4.2018) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 89(a); S.I. 2017/462, art. 5(e)(aa)(iv) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

F3 Words in s. 101B(3) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(a), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F4 S. 101B(3A) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(b), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F5 Word in s. 101B(4)(a) repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 89(b); S.I. 2017/462, art. 5(e)(bb)(iv) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

F6 S. 101B(4)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(c), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)

F7 S. 101B(4)(c) and word inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 19(3)(d), 94(3); S.I. 2017/462, art. 5(b) (with art. 14)