Water Industry Act 1991

Changes over time for: Section 106

Version Superseded: 08/09/2022

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106 Right to communicate with public sewers.E+W

[F1(1)Subject to the provisions of this section—

(a)the owner or occupier of any premises, or

(b)the owner of any private sewer which drains premises,

shall be entitled to have his drains or sewer communicate with the public sewer of any sewerage undertaker and thereby to discharge foul water and surface water from those premises or that private sewer.]

[F2(1A)In this section, and in sections 107 to 109, 111, 113 to 116, 118, 119, 124, 127, 139 and 146 below—

(a)references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and

(b)for the purposes of paragraph (a) above—

(i)a “public lateral drain” is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under section 102 above or under an agreement made under section 104 above; and

(ii)“sewer standards” means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.]

[F3(1B)The right under subsection (1) is subject to section 106A.]

(2)Subject to the provisions of Chapter III of this Part, nothing in subsection (1) above shall entitle any person—

(a)to discharge directly or indirectly into any public sewer—

(i)any liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process; or

(ii)any liquid or other matter the discharge of which into public sewers is prohibited by or under any enactment; or

(b)where separate public sewers are provided for foul water and for surface water, to discharge directly or indirectly—

(i)foul water into a sewer provided for surface water; or

(ii)except with the approval of the undertaker, surface water into a sewer provided for foul water; or

(c)to have his drains or sewer made to communicate directly with a storm-water overflow sewer.

(3)A person desirous of availing himself of his entitlement under this section shall give notice of his proposals to the sewerage undertaker in question.

(4)At any time within twenty-one days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer

[F4(a)does not satisfy the standards reasonably required by the undertaker; or

(b)is such that the making of the communication would be prejudicial to the undertaker’s sewerage system.]

(5)For the purpose of examining the mode of construction and condition of a drain or sewer to which a notice under subsection (3) above relates a sewerage undertaker may, if necessary, require it to be laid open for inspection.

[F5(5A)Where the sewer or drain satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain be vested in it by virtue of a declaration under section 102 above.]

(6)Any question arising under subsections [F6(3) to (5A)] above between a sewerage undertaker and a person proposing to make a communication as to—

(a)the reasonableness of the undertaker’s refusal to permit a communication to be made; or

(b)as to the reasonableness of any requirement under subsection (5) [F7or (5A)] above,

may, on the application of that person, be determined by [F8the Director under section 30A above] [F9(and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above).]

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Where a person proposes under this section to make a communication between a drain or sewer and such a public sewer in Greater London as is used for the general reception of sewage from other public sewers and is not substantially used for the reception of sewage from private sewers and drains—

(a)the grounds on which a sewerage undertaker may refuse to permit the communication shall be such grounds as the undertaker thinks fit; and

(b)no application to [F11the Director] may be made under subsection (6) above in respect of any refusal under this subsection.

(9)In this section “factory” has the same meaning as in the M1Factories Act 1961.

Textual Amendments

F1S. 106(1) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 43(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

F2S. 106(1A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(2), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F3S. 106(1B) inserted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 16(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

F4S. 106(4): paras. (a)(b) substituted (28.5.2004) for words by Water Act 2003 (c. 37), ss. 99(3), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F5S. 106(5A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(4), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F6Words in s. 106(6) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(5)(a), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)

F7Words in s. 106(6)(b) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(5)(b), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)

F8Words in s. 106(6) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(8)(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II

F9Words in s. 106(6) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(5)(c), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)

F10S. 106(7) repealed (1.7.1992) and is expressed to cease to have effect (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 35(8)(b), 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, arts. 3, 4, Sch. Pts. I, II

F11Words in s. 106(8)(b) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(8)(c); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. II

Modifications etc. (not altering text)

C1S. 106 applied (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 15(2) (with savings in arts. 3(6), 12(3))

C2S. 106 applied (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), art. 14(2)(4)

C3S. 106 applied (3.7.2006) by The Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), art. 10(2)

C4S. 106 applied (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 19(2)

C5S. 106 applied (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 13(2) (with arts. 46-48, Sch. 8 para. 18)

C6S. 106 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 13(2) (with art. 26(2))

C7S. 106 applied (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 20(2) (with art. 35(2))

C8S. 106 applied (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 19(2) (with art. 42(2))

C9S. 106 modified (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 16(2)

C10S. 106 applied (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 21(2) (with arts. 48, 68, 79)

C11S. 106 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 11(2) (with art. 30)