(1)Subject to subsections (4) and (5) below, it shall be the duty of every water undertaker to keep records of the location of—
(a)every resource main, water main or discharge pipe which is for the time being vested in that undertaker; and
(b)any other underground works, other than a service pipe, which are for the time being vested in that undertaker.
[F1(1A)Subject to subsection (4) below, it shall also be the duty of every water undertaker to keep records of the location and (in the case of a water main) other relevant particulars of—
(a)every water main in relation to which a declaration of vesting has been made by the undertaker under Chapter 2 of Part 3 of this Act but has not taken effect; and
(b)every water main which is the subject of any agreement to make such a declaration which has been entered into by (or on behalf of) the undertaker.
(1B)For the purposes of this section the other relevant particulars of a water main are (in addition to its location) particulars of whether it is a water main in relation to which a declaration has been made under Chapter 2 of Part 3 of this Act or a water main which is the subject of an agreement to make such a declaration.]
(2)It shall be the duty of every water undertaker to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the undertaker.
(3)Any information which is required under this section to be made available by a water undertaker for inspection by the public shall be so made available in the form of a map.
(4)For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) [F2or (1A)] above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.
(5)Nothing in this section shall require a water undertaker, at any time before 1st September 1999, to keep records of—
(a)any pipe which was laid before 1st September 1989; or
(b)any underground works which were completed before 1st September 1989,
unless those particulars were shown on 31st August 1989 on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the M1Water Act 1945 (maps of underground works).
(6)The reference in subsection (5) above to section 12 of Schedule 3 to the M2Water Act 1945 shall have effect, without prejudice to section 20(2) of the M3Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.
(7)The duties of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State.
(8)In this section “discharge pipe” has the same meaning as in Part VI of this Act.
Textual Amendments
F1S. 198(1A)(1B) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(5)(7), 105(3); S.I. 2004/641, art. 4(a) (with Sch. 3 para. 7)
F2Words in s. 198(4) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(5)(7), 105(3); S.I. 2004/641, art. 4(a) (with Sch. 3 para. 7)
Marginal Citations