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 III E+W SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

Protective provisions E+W

184 Power of certain undertakers to alter public sewers etc. E+W

(1) The [F1 Environment Agency] [F2 or the NRBW] or the Civil Aviation Authority or any internal drainage board, dock undertakers, railway undertakers [F3 , airport operator or licence holder] may, after giving reasonable notice to the sewerage undertaker concerned, at their own expense and on substituting an equivalent, take up, divert or alter the level of any sewers, drains, culverts or other pipes which—

(a) are vested in the undertaker; and

(b) pass under or interfere with, or interfere with the alteration or improvement of, as the case may be—

(i) any watercourse or other works vested in or under the control of the [F1 Environment Agency] [F2 or the NRBW] or that internal drainage board;

(ii) any property of the Civil Aviation Authority;

(iii) any river, canal towing path or works forming part of the undertaking of those dock undertakers;

(iv) the railway of the railway undertakers; F4 . . .

(v) the airport in question. [F5 ; or

(vi) any property of a licence holder which is used by the licence holder for the purpose of carrying out activities authorised by the licence.]

(2) In subsection (1) above “an equivalent”, in relation to any sewers, drains, culverts or pipes means other sewers, drains, culverts or pipes which will be equally effectual and will entail no additional expense for the sewerage undertaker in question.

(3) Any difference of opinion which arises under this section between a sewerage undertaker and any person as to whether any sewers, drains, culverts or pipes substituted or proposed to be substituted for sewers, drains, culverts or pipes of that undertaker—

(a) are or will be equally effectual; or

(b) entail or will entail additional expense for the sewerage undertaker,

may, at the option of the party complaining, be referred to a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

(4) In this section—

• “airport operator” means the person who is the airport operator for the purposes of Part V of the M1 Airports Act 1986 in relation to an airport to which that Part of that Act applies; F6 . . .

• “dock undertakers” has the same meaning as in Chapter II of Part IV of this Act. [F7 ; and

“licence holder” means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and “licence” shall be construed accordingly.]

Textual Amendments

F1 Words in s. 184(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 119 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 184(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 252 (with Sch. 7)

F3 Words in s. 184(1) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(a)

F4 Word in s. 184(1)(b)(iv) omitted (21.12.2001) by virtue of S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(b)(i)

F5 S. 184(1)(b)(vi) and word “or” immediately preceding inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(b)(ii)

F6 Word in s. 184(4) omitted (21.12.2001) by virtue of S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(c)(i)

F7 S. 184(4): definition of “licence holder” and word “and” immediately preceding inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 8(c)(ii)

Marginal Citations

M1 1986 c. 31.