Water Resources Act 1991

195 Maps of waterworks. E+W

(1) Subject to subsections (4) and (5) below, it shall be the duty of the [F1 Agency] to keep records of the location of—

(a) every resource main or discharge pipe which is for the time being vested in the [F1 Agency]; and

(b) any other underground works which are for the time being vested in the [F1 Agency].

(2) It shall be the duty of the [F1 Agency] to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the [F1 Agency].

(3) Any information which is required under this section to be made available by the [F1 Agency] for inspection by the public shall be so made available in the form of a map.

(4) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(5) Nothing in this section shall require the [F1 Agency], at any time before 1st September 1999, to keep records of—

(a) any pipe which was laid before 1st September 1989; or

(b) any underground works which were completed before 1st September 1989,

unless those particulars were shown on 31st August 1989 on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the M1 Water Act 1945 (maps of underground works).

(6) The reference in subsection (5) above to section 12 of Schedule 3 to the Water Act 1945 shall have effect, without prejudice to section 20(2) of the M2 Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.

(7) In this section—

• “discharge pipe” and “resource main” have the same meanings as in Part VII of this Act;

• “underground works” does not include a service pipe within the meaning of the M3 Water Industry Act 1991.

Textual Amendments

F1 Words in s. 195 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

Marginal Citations

M1 1945 c. 42.

M2 1978 c. 30.

M3 1991 c. 56.