- Latest available (Revised)
- Point in Time (31/10/1994)
- Original (As enacted)
No versions valid at: 31/10/1994
Point in time view as at 31/10/1994. This version of this provision is not valid for this point in time.
Water Industry Act 1991, Section 87B is up to date with all changes known to be in force on or before 22 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.
Valid from 25/02/2009
(1)This section applies if a relevant authority and a water undertaker fail to agree—
(a)the terms of arrangements requested by the relevant authority pursuant to subsection (1) of section 87 above; or
(b)a variation in the terms of those arrangements following a request by the relevant authority pursuant to subsection (6)(c) of that section.
(2)In relation to areas in England (except where subsection (4) below applies)—
(a)the relevant authority may refer the matter to the Secretary of State for determination;
(b)following such a reference, the Secretary of State may—
(i)determine the terms of the arrangements as he sees fit; or
(ii)refer the matter for determination by such other person as he considers appropriate; and
(c)the determination of the Secretary of State or, as the case may be, the other person shall be final.
(3)In relation to areas in Wales (except where subsection (4) below applies)—
(a)the Assembly may—
(i)determine the terms of the arrangements itself as it sees fit; or
(ii)refer the matter for determination by such other person as it considers appropriate; and
(b)the determination of the Assembly or, as the case may be, the other person shall be final.
(4)Where the Assembly is one of the relevant authorities which has made a combined reference under section 87(8)(b) or (10) above—
(a)the terms of the arrangements shall be determined by a person appointed by the Secretary of State and the Assembly acting jointly; and
(b)the determination of that person shall be final.
(5)Following determination under this section of the terms to be included in any arrangements—
(a)the relevant authority shall give notice of the determination to the water undertaker in question; and
(b)the undertaker shall be deemed to have entered into the arrangements under section 87(1) above on the terms determined under this section with effect from the day after the date of the notice.
(6)References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements deemed to have been entered into under that section by virtue of subsection (5)(b) above.]
Textual Amendments
F1Ss. 87-87C substituted for s. 87 (1.8.2008 for E. for certain purposes as regards s. 87 and 25.2.2009 for E. for all other purposes) by Water Act 2003 (c. 37), ss. 58(2)(11)-(14), 105(3); S.I. 2008/1922, art. 2(a); S.I. 2009/359, art. 2, (with saving in art. 3, Sch. 3)
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?
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: