Water Industry Act 1991

104 Agreements to adopt sewer, drain or sewage disposal works, at future date E+W

(1) Subject to subsection (7) and section 146(3) below, a sewerage undertaker may agree with any person constructing, or proposing to construct—

(a) any sewer; or

(b) any sewage disposal works,

that, if the sewer or works is or are constructed in accordance with the terms of the agreement, the undertaker will, upon the completion of the work, at some specified date or on the happening of some future event, declare the sewer or works to be vested in that undertaker.

(2) A person constructing or proposing to construct a sewer may make an application to a sewerage undertaker requesting the undertaker to make an agreement under this section.

(3) An application under subsection (2) above shall be accompanied and supplemented by all such information as the undertaker may reasonably require; but, subject to subsection (4) below and without prejudice to the effect (if any) of any other contravention of the requirements of this section in relation to such an application, a failure to provide information in pursuance of the obligation to supplement such an application shall not invalidate the application.

(4) Where—

(a) a person who has made an application to a sewerage undertaker under subsection (2) above has failed to comply with his obligation under this section to supplement that application with information required by the undertaker; and

(b) that requirement was made by the undertaker at such a time before the end of the period within which the undertaker is required, by virtue of section 105 below, to respond to the application as gave that person a reasonable opportunity to provide the required information within that period,

the undertaker may delay its response to the application until a reasonable time after the required information is provided.

(5) Any agreement made under this section by a sewerage undertaker shall be enforceable against the undertaker by the owner or occupier for the time being of any premises served by the sewer or works to which it relates.

(6) The preceding provisions of this section shall apply also in relation to drains as if references to a sewer included references to a drain; but it shall be a condition of any agreement under this section with respect to a drain that a declaration shall not be made before the drain has become a sewer.

(7) A sewerage undertaker shall not make an agreement under this section with respect to a sewer, drain or sewage disposal works situated within the area of another sewerage undertaker, until either—

(a) that other undertaker has consented to the making of the agreement; or

(b) 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.