C1C2 Part VI UNDERTAKERS ’ POWERS AND WORKS

Annotations:
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)

CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

Protective provisions

185 Duty to move pipes etc. in certain cases.

1

Where any relevant pipe or other apparatus is for the time being kept installed by a relevant undertaker on, under or over any land, any person with an interest in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe or apparatus on the ground that the alteration or removal of that pipe or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

2

Subject to subsections (3) and (4) below, where a notice is served on a relevant undertaker under subsection (1) above, it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.

3

Nothing in this section shall require a relevant undertaker to alter or remove any pipe or apparatus which is kept installed in, under or over any street.

4

A relevant undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under subsection (1) above that such security F2as charging rules allow and the undertaker requires has been provided for the discharge of any obligation of that person under subsection (5) below.

5

Where a relevant undertaker carries out any works under this section by virtue of a notice having been served by any person under subsection (1) above, F3the person serving the notice is liable to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules.

F16

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F17

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8

The duty of a relevant undertaker under this section shall be enforceable under section 18 above by F4the Authority.

9

In this section—

  • “improvement”, in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water, or the provision of sewerage services, to any premises; and

  • “relevant pipe” has the same meaning as in section 158 above.