Modifications etc. (not altering text)
C1Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).
Modifications etc. (not altering text)
C3Pt. 4 Ch. 3 (ss. 118-141) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 8 (with ss. 42, 46).
Pt. 4 Ch. 3 (ss. 118-141) modified (1.2.1996) by 1995 c. 25, s. 5 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Pt. 4 Ch. 3 (ss. 118-141): transfer of functions (1.4.1996) by 1995 c. 25, s. 2(2)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C4Pt. 4 Ch. 3 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)
(1)Any person aggrieved by—
(a)the refusal of a sewerage undertaker to give a consent for which application has been duly made to the undertaker under section 119 above;
(b)the failure of a sewerage undertaker to give such a consent within the period of two months beginning with the day after service of the notice containing the application; or
(c)any condition attached by a sewerage undertaker to such a consent,
may appeal to [F1the Authority] .
(2)On an appeal under this section in respect of a refusal or failure to give a consent, [F1the Authority] may give the necessary consent, either unconditionally or subject to such conditions as he thinks fit to impose for determining any of the matters as respects which the undertaker has power to impose conditions under section 121 above.
(3)On an appeal under this section in respect of a condition attached to a consent, [F1the Authority] may take into review all the conditions attached to the consent, whether appealed against or not, and may—
(a)substitute for them any other set of conditions, whether more or less favourable to the appellant; or
(b)annul any of the conditions.
(4)[F1The Authority] may, under subsection (3) above, include provision as to the charges to be made in pursuance of any condition attached to a consent for any period before the determination of the appeal.
(5)On any appeal under this section, [F1the Authority] may give a direction that the trade effluent in question shall not be discharged until a specified date.
(6)Any consent given or conditions imposed by [F1the Authority] under this section in respect of discharges of trade effluent shall have effect for the purposes of this Chapter as if given or imposed by the sewerage undertaker in question.
(7)The powers of [F1the Authority] under this section shall be subject to the provisions of sections 123, 128, 133, 135 and 137 below.
Textual Amendments
F1Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)