Water Industry Act 1991 (c. 56)

Part VI E+W UNDERTAKERS ’ POWERS AND WORKS

Modifications etc. (not altering text)

C1 Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)

C2 Part VI: saved (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4)(5), 17(2)

CHAPTER I E+W UNDERTAKERS’ POWERS

Other works powers E+W

164 Agreements for works with respect to water sources. E+W

(1) A water undertaker may enter into agreements under this section with the owners and occupiers of any land, or with a local authority, with respect to the carrying out and maintenance by any party to the agreement of such works as the undertaker considers necessary—

(a) for the purpose of draining that land; or

(b) for more effectually collecting, conveying or preserving the purity of any water which the undertaker is for the time being authorised to take.

(2) Before entering into an agreement under this section with respect to the carrying out of works the carrying out of which would result in the discharge of any water into a watercourse otherwise than through public sewers, a water undertaker shall consult [F1 —

(a) the Environment Agency, if the proposed works will affect any watercourse in England,

(b) the NRBW, if the proposed works will affect any watercourse in Wales, and

(c) if the watercourse] is subject to the jurisdiction of a navigation authority, that authority.

(3) An agreement under this section with the owner of any land which is expressed to be binding on and enforceable against the owner’s successors in title to that land—

(a) may be registered under section 2 of the M1 Land Charges Act 1972 as an obligation affecting land falling within Class D; and

(b) shall be so binding and enforceable unless it is void by reason of a failure so to register it.

(4) In this section the reference to a local authority includes a reference to a county council and to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and any expenses incurred by the Common Council of the City of London in the exercise of their functions under this section shall be defrayed as part of their general expenses.

Textual Amendments

F1 Words in s. 164(2) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(t), Sch. 7 para. 107

Marginal Citations

M1 1972 c. 61.