C1C2 Part IV SEWERAGE SERVICES

Annotations:
Modifications etc. (not altering text)
C1

Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).

chapter I GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS F18etc

Annotations:
Amendments (Textual)
F18

Word in Pt. 4 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 84; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

Principal duties and standards of performance

96 Procedure for regulations under section 95.

F1A1

The Secretary of State may make regulations under section 95 above—

a

on an application by the Authority, in accordance with subsections (1) to (3) below; or

b

otherwise than on such an application, in accordance with subsections (4) to (8) below.

1

F2Where the Authority has made to the Secretary of State a written application complying with subsection (2) below, the Secretary of State may make regulations under section 95 above if—

F3(b) the Secretary of State is satisfied that a copy of the application has been served by F19the Authority—

  1. i

    on every sewerage undertaker specified in the application; F4. . .

  2. ii

    on persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations;

  3. iii

    F5on the Council; and

  4. iv

    on such other persons or bodies as the Secretary of State may consider appropriate;

c

such period as the Secretary of State considers appropriate has been allowed for the making—

i

by F19the Authority; and

ii

by any affected sewerage undertaker F6or person or body on whom a copy of the application has been served under paragraph F7(b) above,

of representations or objections with respect to F19the Authority's proposals and any modifications proposed by the Secretary of State; and

d

the Secretary of State has considered F8the summary mentioned in subsection (2)(bb) below,F19the Authority's reasons for F19its proposals and every representation or objection which has been duly made with respect to those proposals, or any proposed modifications of those proposals, and has not been withdrawn.

F91A

Before making an application to the Secretary of State under this section F19the Authority shall arrange for such research as F19it considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results.

2

An application made by F19the Authority to the Secretary of State complies with this subsection if it—

a

sets out F10the Authority’s proposals for the making of regulations under section 95 above;

b

specifies the sewerage undertaker or undertakers in relation to which it is proposed F11the regulations should apply

F12bb

is accompanied by a written summary of the results of the research carried out in accordance with subsection (1A) above;; and

c

summarises F19the Authority's reasons for F19its proposals.

3

The Secretary of State shall not make any regulations F13on an application by the Authority under this section except where—

a

the only provisions of the regulations are F14those which in the opinion of the Secretary of State give effect to the proposals set out in the Authority’s application or to those proposals with such modifications as the Secretary of State considers appropriate; and

b

each of the modifications (if any) of F19the Authority's proposals to which effect is given by the regulations is a modification the proposal to make which has been notified—

i

to F19the Authority; F15. . .

ii

to any sewerage undertaker appearing to the Secretary of State to be likely to be affected by the modificationsF16 and

iii

to any person or body on whom a copy of the Authority’s application was served under subsection (1)(b) above.

F174

Where no such application as is mentioned in subsection (1) above has been made, the Secretary of State may make regulations under section 95 above only if he considers—

a

that the regulations will contribute towards the attainment of policies relating to public health or the environment; or

b

(if he does not consider that they will so contribute) that there are exceptional reasons why it is otherwise in the public interest that the regulations should be made.

5

Before making regulations under section 95 above by virtue of subsection (4) above, the Secretary of State shall—

a

give notice of his proposals;

b

consider the results of the research carried out in accordance with subsection (7) below; and

c

consider every representation or objection with respect to the proposals which has been duly made and not withdrawn.

6

A notice under subsection (5)(a) above must—

a

summarise the Secretary of State’s reasons for his proposals;

b

specify the sewerage undertaker or undertakers in relation to which it is proposed the regulations should apply; and

c

specify the period within which objections or representations with respect to the proposals may be made.

7

Before giving notice under subsection (5)(a) above the Secretary of State shall arrange for such research as he considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected.

8

A notice under subsection (5)(a) above shall be given by serving a copy on—

a

the Authority;

b

the Council;

c

every sewerage undertaker to which the regulations will apply;

d

persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations; and

e

such other persons or bodies as the Secretary of State may consider appropriate.