PART 3POWERS OF ACQUISITION AND POSSESSION OF LAND
Supplementary
Recovery of costs of new connection37.
(1)
Where any apparatus of a statutory utility is removed under article 35 (statutory undertakers and utilities) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
(2)
Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 35, any person who is—
(a)
the owner or occupier of premises the drains of which communicated with that sewer; or
(b)
the owner of a private sewer which communicated with that sewer,
is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.
(3)
This article does not have effect in relation to apparatus to which article 36 (apparatus and rights of statutory undertakers and utilities in stopped up streets) or Part 3 of the 1991 Act applies.