C1C2C3C4C5 Part III WATER SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5

Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

chapter II SUPPLY DUTIES

Major supplies

44 Determination of completion date and route for requisitioned main.

1

A water undertaker shall not be in breach of a duty imposed by section 41 above in relation to any locality unless-

a

the period of three months beginning with the relevant day has expired; and

F1b

the water undertaker has not, before the end of that period, so laid the water main to be provided as to enable (as the case may be)—

i

service pipes to premises in that locality; or

ii

a water main which is the subject of an agreement under section 51A below (“the self-laid main”),

to connect with the main at the place or places determined under subsection (3) below.

2

The period mentioned in subsection (1)(a) above may be extended in any case—

a

by agreement between the water undertaker and the person or persons who required the provision of the main; or

b

where there is a dispute as to whether the period should be extended, by F2the Authority on a reference under subsection (4) below.

3

The places mentioned in subsection (1)(b) above shall be—

a

such places as are determined by agreement between the water undertaker and the person or persons who required the provision of the water main; or

b

in default of agreement, such places as are determined by F3the Authority , on a reference under subsection (4) below, to be the places at which it is reasonable, in all the circumstances, for service pipes to premises in the locality in question F4, or (as the case may be) the self-laid main, to connect with the water main.

F54

A reference for the purposes of subsection (2) or (3) above may be made to the Authority for determination under section 30A above by either party to the dispute.

5

In this section “relevant day”, in relation to a requirement to provide a water main F6. . . , means the day after whichever is the later of the following, that is to say—

a

the day on which the conditions specified in section 42 above are satisfied in relation to the requirement; and

F7b

the day on which the place or places where (as the case may be)—

i

service pipes to premises in the locality in question; or

ii

the self-laid main,

will connect with the main are determined under subsection (3) above.