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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    110

 

                               (i)                              is so situated or serves the whole or any part of

that area; and

                               (ii)                             is vested in that undertaker; or”,

           (b)           in subsection (2), after “sewer” in both places there is inserted “, lateral

drain”,

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           (c)           in subsection (4), in paragraph (a), after “sewer” there is inserted

“, lateral drain”,

           (d)           in subsection (5)—

                  (i)                 in paragraph (b), after “sewer” there is inserted “or lateral

drain”,

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                  (ii)                in paragraph (c), after “sewer” there is inserted “or lateral

drain”,

                  (iii)               in paragraph (d), after “sewer” there is inserted “, lateral drain”,

           (e)           in subsection (6), after “sewer” in both places there is inserted “or lateral

drain”.

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     (2)    In section 103 of the WIA (adoption of cross-border sewers etc)—

           (a)           in subsection (1), the word “or” at the end of paragraph (a) is omitted

and after that paragraph there is inserted—

                        “(aa)                           any lateral drain which is situated within the area of

another sewerage undertaker or which, though situated

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within its own area, communicates or is to communicate

with a public sewer which is situated within or serves

the whole or any part of the area of another sewerage

undertaker; or”,

           (b)           for subsection (3) there is substituted—

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                  “(3)                    Where—

                        (a)                        a sewer (or part of a sewer) or a lateral drain is vested,

or any sewerage disposal works are vested, in a relevant

body; and

                        (b)                        in the case of a sewer, part of a sewer, lateral drain or

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works vested in railway undertakers or dock

undertakers, the sewer, part or lateral drain in question

is, or the works are, situated in or on land belonging to

those undertakers and held or used by them for the

purposes of their undertaking,

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                                      a sewerage undertaker shall not make a declaration under

section 102 above with respect to (as the case may be) the sewer,

or part of it, or the lateral drain or the works, except on the

application of the relevant body concerned.”,

           (c)           in subsection (4), in paragraph (a), after “sewer” there is inserted “or

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lateral drain”.

     (3)    Sections 102 and 103 of the WIA (adoption of sewers etc), as amended by

subsections (1) and (2) above, do not apply to any lateral drains (as mentioned

in those sections) the construction of which was completed before the coming

into force of subsections (1) and (2) above.

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     (4)    Section 104 of the WIA (agreements to adopt sewer etc at future date) is

amended as follows—

           (a)           for subsection (1) there is substituted—

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    111

 

                  “(1)                    Subject to subsection (7) and section 146(3) below, a sewerage

undertaker may agree with—

                        (a)                        any person constructing or proposing to construct—

                               (i)                              any sewer;

                               (ii)                             any drain which is intended to communicate

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with a public sewer vested in that undertaker; or

                               (iii)                            any sewage disposal works, or

                        (b)                        any person at whose expense the undertaker is, by

virtue of an agreement under section 160 below, to carry

out work in connection with the construction of such a

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drain or sewer,

                                      that, if the sewer, drain or sewage disposal works is or are

constructed in accordance with the terms of the agreement, the

undertaker will, upon completion of the work, at some specified

date or on the happening of some future event, declare the

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sewer or such part of the drain as constitutes the lateral drain or

the works (as the case may be) to be vested in that undertaker.”,

           (b)           in subsection (2), for “constructing or proposing to construct a sewer”

there is substituted “mentioned in paragraph (a) or (b) of subsection (1)

above”,

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           (c)           in subsection (5), after “sewer” there is inserted “, lateral drain”,

           (d)           subsection (6) is omitted,

           (e)           after subsection (6) there is inserted—

                  “(6A)                    Without limiting the terms which may be included in an

agreement under this section, the terms of an agreement which

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relates to a drain may include in particular—

                        (a)                        identification of that part of the drain which constitutes

the lateral drain for the purposes of the agreement and,

in particular, the point or points of connection between

that part and the remainder of the drain;

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                        (b)                        a requirement for the installation of an inspection

chamber, at the expense of the person with whom the

sewerage undertaker is to make the agreement, at a

place specified in the agreement;

                        (c)                        provision, if the inspection chamber is constructed in

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accordance with the terms of the agreement, for the

undertaker to declare that the inspection chamber be

vested in the undertaker at the same time as the lateral

drain; and

                        (d)                        provision for the lateral drain, once vested in the

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undertaker, to communicate with a public sewer at the

place or places specified in the agreement.”,

           (f)           for subsection (7) there is substituted—

                  “(7)                    A sewerage undertaker shall not make an agreement under this

section with respect to—

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                        (a)                        a sewer, drain or sewage disposal works situated within

the area of another sewerage undertaker; or

                        (b)                        a drain which is intended to communicate with a sewer

which—

                               (i)                              is so situated; or

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                               (ii)                             is vested in another sewerage undertaker,

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    112

 

                                      until one of the conditions mentioned in subsection (8) below is

satisfied.

                  (8)                    The conditions are—

                        (a)                        that other undertaker has consented to the making of the

agreement; or

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                        (b)                        the Secretary of State, on an application made to him,

has dispensed with the necessity for such consent, either

unconditionally or subject to such conditions as he may

think fit to impose.”

     (5)    In section 105 of the WIA (appeals with respect to adoption)—

10

           (a)           in subsection (1), after “sewer” there is inserted “, lateral drain”,

           (b)           in subsection (3), after “sewer” there is inserted “, lateral drain”.

 90    Requisitioning and adoption of lateral drains: supplementary

     (1)    The WIA is amended as follows.

     (2)    In section 36 (interpretation of Part 2 of the WIA)—

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           (a)           in subsection (3)(b)(i), after “sewer” there is inserted “or drain”,

           (b)           for the definition of “relevant sewer” in subsection (4) there is

substituted—

                                  ““relevant sewer or drain”, in relation to any appointment or

variation which would replace a company as a sewerage

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undertaker, means any of the following, that is to say—

                           (a)                             a public sewer or lateral drain vested in that

company;

                           (b)                             a sewer or lateral drain in relation to which that

company has made a declaration of vesting under

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section 102 below which has not yet taken effect;

                           (c)                             a sewer or lateral drain in relation to which that

company has entered into an agreement under

section 104 below.”

     (3)    In section 94 (general duty to provide sewerage system), in paragraph (a) of

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subsection (1), after “those sewers” there is inserted “and any lateral drains

which belong to or vest in the undertaker”.

     (4)    In section 158 (powers to lay pipes in streets), for paragraph (b) of subsection

(7) there is substituted—

                  “(b)                    in relation to a sewerage undertaker, as references to—

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                        (i)                        any sewer or disposal main; or

                        (ii)                       in relation to the exercise of a power to lay a pipe under

paragraph (a) of subsection (1) above or a power related

to that power under paragraph (c) of that subsection,

any lateral drain which the undertaker is to lay by virtue

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of section 98 or 101B above; or

                        (iii)                      in relation to the exercise of any other power under

subsection (1) above, any lateral drain which belongs to

or is vested for the time being in the undertaker.”

     (5)    In section 159 (power to lay pipes in other land), in subsection (7), at the end

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there is added “(reading references there to subsection (1) as references to

subsection (1) of this section).”.

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    113

 

     (6)    In section 171 (entry for sewerage purposes), in subsection (3), for “a private

drain or sewer” there is substituted “a drain or private sewer”.

     (7)    In section 179 (vesting of works in undertaker)—

           (a)           in paragraph (a) of subsection (2), after “sewer” there is inserted

“, lateral drain”,

5

           (b)           in subsection (7), in paragraph (b) of the definition of “relevant pipe”,

after “sewer” there is inserted “, lateral drain”.

     (8)    In section 199 (sewer maps), in subsection (1)—

           (a)           in paragraph (a), after “sewer” there is inserted “, lateral drain”,

           (b)           in paragraph (b), after “sewer” there is inserted “or lateral drain”.

10

     (9)    In section 219 (general interpretation)—

           (a)           in subsection (1), after the definition of “inland waters” there is

inserted—

                                  ““lateral drain” means—

                        (a)                        that part of a drain which runs from the curtilage of a

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building (or buildings or yards within the same

curtilage) to the sewer with which the drain

communicates or is to communicate; or

                        (b)                        (if different and the context so requires) the part of a

drain identified in a declaration of vesting made

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under section 102 above or in an agreement made

under section 104 above;”,

           (b)           in subsection (3), after “sewer,” there is inserted “lateral drain,”.

     (10)   In Schedule 12 (compensation etc in respect of pipe-laying and other works

powers), in sub-paragraph (5) of paragraph 4, after “sewer” there is inserted “,

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lateral drain”.

 91    Communication with public sewers

     (1)    Section 106 of the WIA (right to communicate with public sewers) is amended

as follows.

     (2)    After subsection (1) there is inserted—

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           “(1A)              In this section, and in sections 107 to 109, 111, 113, 114 to 116, 118, 119,

124, 127, 139 and 146 below—

                  (a)                 references (however expressed) to a public sewer include a

public lateral drain which satisfies sewer standards; and

                  (b)                 for the purposes of paragraph (a) above—

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                        (i)                        a “public lateral drain” is a lateral drain which either

belongs to the sewerage undertaker or is vested in the

sewerage undertaker by virtue of a declaration made

under section 102 above or under an agreement made

under section 104 above; and

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                        (ii)                       “sewer standards” means such standards of

construction and repair as the undertaker would require

if the public lateral drain or part of it were to become a

public sewer.”

     (3)    In subsection (4), for “is such that the making of the communication would be

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prejudicial to the undertaker’s sewerage system” there is substituted—

 

 

 
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Revised 20 February 2003