Water Industry Act 1991

Status:

Point in time view as at 01/05/2020.

Changes to legislation:

Water Industry Act 1991, Section 132 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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132 Powers and procedure on references and reviews.E+W

(1)This section applies to—

(a)any reference to [F1the [F2appropriate agency]] under section 120, 123 or 130 above; and

(b)any review by [F1the [F2appropriate agency]] under section 127 or 131 above.

(2)On a reference or review to which this section applies, it shall be the duty of [F1the [F3appropriate agency]], before determining the questions which are the subject-matter of the reference or review—

(a)to give an opportunity of making representations or objections to F4[the [F5appropriate agency]]—

[F6(ai)where the Environment Agency is the appropriate agency, to the NRBW if the discharge or proposed discharge of special category effluent is from trade premises in England;

(bi)where the NRBW is the appropriate agency, to the Environment Agency if the discharge or proposed discharge of special category effluent is from trade premises in Wales;]

(i)to the sewerage undertaker in question; and

(ii)to the following person, that is to say, the owner or the occupier of the trade premises in question, according to whether it is the owner or the occupier of those premises who is proposing to be, or is, the person making the discharges or, as the case may be, a party to the agreement;

and

(b)to consider any representations or objections which are duly made to [F7the [F8appropriate agency]] with respect to those questions by a person to whom [F7the [F8appropriate agency]] is required to give such an opportunity and which are not withdrawn.

(3)On determining any question on a reference or review to which this section applies, F9[the [F10appropriate agency]] shall serve notice on [F11any person consulted under subsection (2)(a)] above.

(4)A notice under this section shall state, according to what has been determined-

(a)that the discharges or operations to which, or to the proposals for which, the reference or review relates, or such of them as are specified in the notice, are to be prohibited; or

(b)that those discharges or operations, or such of them as are so specified, are to be prohibited except in so far as they are made or carried out in accordance with conditions which consist in or include conditions so specified; or

(c)that F12[the [F13appropriate agency]] has no objection to those discharges or operations and does not intend to impose any requirements as to the conditions on which they are made or carried out.

(5)Without prejudice to section 133 below, a notice under this section, in addition to containing such provision as is specified in sub-paragraph (4) above, may do one or both of the following, that is to say—

(a)vary or revoke the provisions of a previous notice with respect to the discharges or operations in question; and

(b)for the purpose of giving effect to any prohibition or other requirement contained in the notice, vary or revoke any consent under this Chapter or any agreement under section 129 above.

(6)Nothing in subsection (1) or (2) of section 121 above shall be construed as restricting the power of [F14the appropriate agency], by virtue of subsection (4)(b) above, to specify such conditions as [F14the appropriate agency] considers appropriate in a notice under this section.

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F16[The [F17appropriate agency]] shall send a copy of every notice served under this section to [F18the Authority].

Textual Amendments

F1Words in s. 132(1)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2Words in s. 132(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(2) (with Sch. 7)

F3Words in s. 132(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(a) (with Sch. 7)

F4Words in s. 132(2)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5Words in s. 132(2)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(b)(i) (with Sch. 7)

F6S. 132(2)(ai)(bi) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(b)(ii) (with Sch. 7)

F7Words in s. 132(2)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F8Word in s. 132(2)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 244(3)(c) (with Sch. 7)

F9Words in s. 132(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 110(1)(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3