- Latest available (Revised)
- Point in Time (17/05/2024)
- Original (As enacted)
Point in time view as at 17/05/2024.
Water Industry Act 1991, Section 47 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsection (3) and [F1sections 48 to] [F1sections 49 and] 50 below, where the owner or occupier of any premises (“the relevant premises”) serves a connection notice on a water undertaker, the undertaker may make compliance with one or more of the requirements specified in subsection (2) below a condition of its complying with the duties to which it is subject by virtue of that notice.
(2)The requirements mentioned in subsection (1) above are—
(a)a requirement that [F2such security as charging rules allow and the undertaker requires] has been provided for the discharge of any obligations imposed by virtue of section 45(6) or 46(7)(b) above on the person who served the connection notice;
(b)a requirement, in a case where the connection required by the connection notice is necessary as a consequence of a disconnection made by reason of any person’s failure to pay any charges, that the person serving the connection notice has paid any amount owed by him to the undertaker—
(i)in respect of a supply of water to the relevant premises; or
(ii)in respect of expenses [F3reasonably]incurred in the making of the disconnection;
(c)a requirement that a meter for use in determining the amount of any charges which have been or may be fixed in relation to the relevant premises by reference to volume has been installed and connected either—
(i)by the undertaker; or
(ii)in accordance with specifications approved by the undertaker;
(d)a requirement that—
[F4(i)subject to section 51D(1) below, so much of the service pipe to the relevant premises as does not belong to, vest in or fall to be laid by the undertaker; and]
(ii)the plumbing of the premises,
comply with specifications approved by the undertaker for the purpose of ensuring that it will be reasonably practicable for such a meter as is mentioned in paragraph (c) above to be installed and connected as so mentioned;
(e)a requirement that a separate service pipe has been provided—
(i)to each house or building on the relevant premises; or
(ii)where different parts of a building on the relevant premises are separately occupied, to each of those parts or to any of them;
(f)a requirement, in relation to the relevant premises—
(i)that such a requirement as may be imposed under section 66 below has been complied with; or
(ii)in a case where such a requirement could be imposed but for there already being such a cistern as is mentioned in that section, that the cistern and its float-operated valve are in good repair;
(g)a requirement that there is no contravention in relation to the water fittings used or to be used in connection with—
(i)the supply of water to the relevant premises; or
(ii)the use of water in those premises,
of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this paragraph; and
(h)a requirement that every such step has been taken as has been specified in any notice served on any person under section 75 below in relation to the relevant premises.
F5[(2A)No condition shall be imposed by a water undertaker under subsection (2)(e) above unless it is reasonable to do so in order to ensure that the undertaker will be able to perform its functions, in relation to the supply of water to the relevant premises or any part of those premises, efficiently.]
(3)A condition shall not be imposed by a water undertaker under this section on a person who has served a connection notice except by a counter-notice served on that person before the end of the period of fourteen days beginning with the day after the service of the connection notice.
F6[(3A)Any dispute as to whether any requirement of a kind mentioned in subsection (2)(a), (b), (e) or (f) above has been complied with may be referred to the Director for determination under section 30A above by either party to the dispute.
(3B)Any dispute between a water undertaker and any other person as to F7...—
[F8(a)the security required to be provided by a condition imposed under subsection (2)(a),]
(b)[F9whether] the expenses referred to in subsection (2)(b)(ii) above were incurred reasonably, or
(c)in a particular case, [F10whether] subsection (2A) above prevents a water undertaker from imposing a condition under subsection (2)(e) above,
may be referred to the Director for determination under section 30A above by either party to the dispute.]
(4)This section shall be without prejudice to the provisions of sections 233 and 372 of the M1Insolvency Act 1986 (conditions of supply after insolvency).
Textual Amendments
F1Words in s. 47(1) substituted (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 56; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))
F2Words in s. 47(2)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
F3Word in s. 47(2)(b)(ii) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II
F4S. 47(2)(d)(i) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(3)(7), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)
F5S. 47(2A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(3); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II
F6S. 47(3A)(3B) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 51(4); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II
F7Word in s. 47(3B) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
F8S. 47(3B)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
F9Word in s. 47(3B)(b) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(d), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
F10Word in s. 47(3B)(c) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(5)(e), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: