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Part VIIIE+W MISCELLANEOUS AND SUPPLEMENTAL

Construction of ActE+W

219 General interpretation.E+W

(1)In this Act, except in so far as the context otherwise requires—

(a)is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; and

(b)is intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;

(a)any person for or to whom that company provides any services in the course of carrying out the functions of a water undertaker or sewerage undertaker [F7(other than a [F8water supply licensee or sewerage licensee]]; or

(b)any person who might become such a person on making an application for the purpose to the company;

(a)the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and

(b)the installation, modification or removal of any machinery or apparatus;

(a)a provision of a local Act (including an Act confirming a provisional order);

(b)a provision of so much of any public general Act as has effect with respect to a particular area, with respect to particular persons or works or with respect to particular provisions falling within any paragraph of this definition;

(c)a provision of an instrument made under any provision falling within paragraph (a) or (b) above; or

(d)a provision of any other instrument which is in the nature of a local enactment;

(a)Chapters II and III of Part IV (except sections 98 to 101 and 110 and so much of Chapter III of that Part as provides for regulations under section 138 or has effect by virtue of any such regulations);

(b)sections 160, 171, 172(4), 178, 184, 189, 196 and 204 and paragraph 4 of Schedule 12; and

(c)the other provisions of this Act so far as they have effect for the purposes of any provision falling within paragraph (a) or (b) of this definition;

(a)conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or

(b)giving or taking a supply of water in bulk;

(a)conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir; or

(b)conveying water in bulk, whether in the course of taking a supply of water in bulk or otherwise, between different places outside the area of the undertaker, from such a place to any part of that area or from one part of that area to another part of that area;

(2)In this Act—

(a)references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and

(b)references to any sewage disposal works shall include references to the machinery and equipment of those works and any necessary pumping stations and outfall pipes;

and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.

(3)Nothing in Part III or IV of this Act by virtue of which a relevant undertaker owes a duty to any particular person to lay any water main, resource main or service pipe or any sewer, [F35lateral drain,] disposal main or discharge pipe shall be construed—

(a)as conferring any power in addition to the powers conferred apart from those Parts; or

(b)as requiring the undertaker to carry out any works which it has no power to carry out.

(4)References in this Act to the fixing of charges in relation to any premises by reference to volume are references to the fixing of those charges by reference to the volume of water supplied to those premises, to the volume of effluent discharged from those premises, to both of those factors or to one or both of those factors taken together with other factors.

[F36(4A)In this Act, unless otherwise stated, references to the supply system of a water undertaker are to the water mains and other pipes which it is the undertaker’s duty to develop and maintain by virtue of section 37 above.]

(5)Until the coming into force of Part III of the M9New Roads and Street Works Act 1991, the definition of “street” in subsection (1) above shall have effect as if the reference to that Part were a reference to the M10Public Utilities Street Works Act 1950; but nothing in this section shall be taken—

(a)to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this section); or

(b)in the period before the coming into force of that Part, to prevent references in this Act to a street, where the street is a highway which passes over a bridge or through a tunnel, from including that bridge or tunnel.

(6)For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.

(7)References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.

(8)Where by virtue of any provision of this Act any function of a Minister of the Crown is exercisable concurrently by different Ministers, that function shall also be exercisable jointly by any two or more of those Ministers.

(9)Sub-paragraph (1) of paragraph 1 of Schedule 2 to the M11Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act or the M12Water Resources Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.

[F37(10)If the Assembly designates a person as Chief Inspector of Drinking Water for Wales under section 86(1B) above, references in this Act to the Chief Inspector of Drinking Water, as respects anything to be done in relation to him, shall be taken as references to the person designated as the Chief Inspector of Drinking Water by the Secretary of State and also the person designated by the Assembly as the Chief Inspector of Drinking Water for Wales.]

[F38(11)Subsection (10) does not apply to references to the Chief Inspector of Drinking Water in sections 8, 17AA, 51CA, 51CB, 66DB, 66P and 86ZA.]

Textual Amendments

F1S. 219(1): words in definition of "accessories" substituted (25.7.2003) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 110; S.I. 2003/1900, art. 2(1), Sch. 1

F2S. 219(1): definition of "the Assembly" inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(7)(a); S.I. 2004/641, art. 3(y), Sch. 2

F3S. 219(1): definition of "the Authority" inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(7)(a); S.I. 2004/641, art. 3(y), Sch. 2

F5Words in s. 219(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(f); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F6S. 219(1): definition of "the Council" inserted (1.8.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(7)(b); S.I. 2005/968, art. 3 (with art. 4, Schs. 1, 2)

F7S. 219(1): words in definition of "customer or potential customer" inserted (1.4.2004 for specified purposes and 1.10.2004 for further specified purposes and otherwise 1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 50(2)(a); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3); S.I. 2004/2528, art. 2(t) (with art. 4); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)

F8Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F9S. 219(1): definition of "the Director" repealed (1.4.2006) by Water Act 2003 (c. 37), ss. 101(1)(2), 105(3), Sch. 7 para. 27(7)(c), Sch. 9 Pt. 3; S.I. 2005/2714, art. 4(f)(g)(i) (with Sch. para. 8)

F10Words in the definition of “harbour authority” in s. 219(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 89(b)

F11S. 219(1): definition of "lateral drain" inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(9)(a), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)

F12Words in s. 219(1) repealed (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(g); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F13S. 219(1): definition of "limited company" substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I 2009/1941), art. 2(1), {Sch. 1 para. 126(3)} (with art. 10)

F14Words in the definition of “local authority” in s. 219(1) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. I para. 2(2) (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

F15S. 219(1): definition of “the Monopolies Comismission” repealed (1.4.1999) by S.I. 1999/3434, art. 30(c)

F16Definition of “the NRA” in s. 219(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 125(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F18S. 219(1): definition of "new towns residuary body" inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 59; S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)

F19Words in s. 219(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 29; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F22Words in the definitions of “public authority” and “watercourse” in s. 219(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 125(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F24S. 219(1): words in definition of "public sewer" inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 99(6), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)

F25S. 219(1): words in definition of "railway undertakers" substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 para. 15

F26S. 219(1): definition of "regional committee" inserted (1.10.2005) by Water Act 2003 (c.37), ss. 101(01), 105(3), Sch. 7 para. 27(7)(d); S.I. 2005/2714, art. 2(l) (with Sch. 2 para. 8)

F28S. 219(1): words in definition of "service pipe" inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(6)(7), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)

F29Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F30Words in s. 219(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(d); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F31S. 219(1): words in definition of "water main" inserted (1.4.2004 for specified purposes and 1.10.2004 for further specified purposes and otherwise 1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 50(2)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3); S.I. 2004/2528, art. 2(t) (with art. 4); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)

F32Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(e)(i); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F33Words in s. 219(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(2)(e)(ii); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(aa) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F35Words in s. 219(3) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(9)(b), 105(3); S.I. 2004/641, art. 4(b) (with art. 6, Sch. 3)

F36S. 219(4A) inserted (1.4.2004 for specified purposes and 1.10.2004 for further specified purposes and otherwise 1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 50(3); S.I. 2004/641, art. 3(y), Sch. 2 (with art. 6, Sch. 3); S.I. 2004/2528, art. 2(t) (with art. 4); S.I. 2005/2714, art. 3 (with Sch. 2 para. 8)

F37S. 219(10) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 57(9), 105(3); S.I. 2004/641, art. 3(m) (with art. 6, Sch. 3)

F38S. 219(11) inserted (1.1.2015 for specified purposes, 1.11.2016 for specified purposes, 1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 120(3); S.I. 2014/3320, art. 2(2)(e)(v); S.I. 2016/1007, art. 2(h)(vii); S.I. 2017/462, art. 3(k)(bb)(xxii)

Modifications etc. (not altering text)

Marginal Citations