C1C2C5C4C3 Part III WATER SUPPLY
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).
Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
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
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
F1Adoption of water mains and service pipes
Ss. 51A-51E and preceding cross-heading inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(1), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)
51CAF2Codes in respect of section 51A agreements
1
The Authority must issue a code in respect of section 51A agreements.
2
The code may make provision about—
a
procedures in connection with making an agreement under section 51A;
b
procedures in connection with varying or terminating a section 51A agreement;
c
procedures to be followed by the Authority in determining whether to make an order under section 51B(4) or 51C(1);
d
the circumstances in which it is, or is not, appropriate for work to be done by a person other than a water undertaker;
e
the terms and conditions of a section 51A agreement;
f
principles for determining the terms and conditions that should or should not be incorporated into a section 51A agreement;
g
the steps to be taken by the Authority in determining whether a person is complying with the code.
3
Provision under subsection (2)(c) may in particular require the Authority to consult—
a
the Chief Inspector of Drinking Water;
b
the Chief Inspector of Drinking Water for Wales if there is one.
4
Provision under subsection (2)(d) may include in particular provision about circumstances relating to—
a
the nature of the work;
b
the kind of premises supplied or to be supplied.
5
Provision under subsection (2)(e) may include in particular provision about terms and conditions as regards—
a
constructing associated infrastructure;
b
vesting associated infrastructure in a water undertaker;
c
constructing water mains so as to meet additional supply requirements;
d
connecting new water mains or service pipes to the existing supply system of a water undertaker;
e
complying with requirements of the kind referred to in section 47(2);
f
the duration of a section 51A agreement.
6
If the Authority considers that a water undertaker is not acting as required by the code, the Authority may give the undertaker a direction to do, or not to do, a particular thing specified in the direction.
7
The Authority may not give a direction under subsection (6) requiring a person to enter into, vary or terminate an agreement.
8
It is the duty of a water undertaker to comply with a direction under subsection (6), and this duty is enforceable by the Authority under section 18.
9
The code may make different provision for different persons or descriptions of person.
10
The Authority must from time to time review the code and, if appropriate, issue a revised code.
11
A revised code may include provision for applying any of its revisions to section 51A agreements made before the revised code comes into force.
Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).