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Water Bill [HL]


Water Bill [HL]
Part 3 — Miscellaneous

    110

 

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

drain”,

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

“, lateral drain”,

           (d)           in subsection (5)—

5

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

drain”,

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

drain”,

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

10

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

drain”.

     (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—

15

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

another sewerage undertaker or which, though situated

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

20

undertaker; or”,

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

                  “(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

25

body; and

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

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

30

those undertakers and held or used by them for the

purposes of their undertaking,

                                      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

35

application of the relevant body concerned.”,

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

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

40

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

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

     (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—

45

                  “(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;

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    111

 

                               (ii)                             any drain which is intended to communicate

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

5

out work in connection with the construction of such a

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

10

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

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)

15

above”,

           (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

20

agreement under this section, the terms of an agreement which

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

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that part and the remainder of the drain;

                        (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;

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

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

35

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

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

40

section with respect to—

                        (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—

45

                               (i)                              is so situated; or

                               (ii)                             is vested in another sewerage undertaker,

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

satisfied.

                  (8)                    The conditions are—

50

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    112

 

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

agreement; or

                        (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

5

think fit to impose.”

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

           (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

10

     (1)    The WIA is amended as follows.

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

           (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—

15

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

variation which would replace a company as a sewerage

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

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

company;

20

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

company has made a declaration of vesting under

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

25

section 104 below.”

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

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

30

(7) there is substituted—

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

                        (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

35

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

any lateral drain which the undertaker is to lay by virtue

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

40

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

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

subsection (1) of this section).”.

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

45

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

 

 

Water Bill [HL]
Part 3 — Miscellaneous

    113

 

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

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

“, lateral drain”,

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

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

5

     (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”.

     (9)    In section 219 (general interpretation)—

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

10

inserted—

                                  ““lateral drain” means—

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

building (or buildings or yards within the same

curtilage) to the sewer with which the drain

15

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

under section 102 above or in an agreement made

under section 104 above;”,

20

           (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 “,

lateral drain”.

 91    Communication with public sewers

25

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

as follows.

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

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

124, 127, 139 and 146 below—

30

                  (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—

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

belongs to the sewerage undertaker or is vested in the

35

sewerage undertaker by virtue of a declaration made

under section 102 above or under an agreement made

under section 104 above; and

                        (ii)                       “sewer standards” means such standards of

construction and repair as the undertaker would require

40

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

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

                  “(a)                    does not satisfy the standards reasonably required by the

45

undertaker; or

 

 

Water Bill [HL]
Part 4 — Supplementary

    114

 

                  (b)                    is such that the making of the communication would be

prejudicial to the undertaker’s sewerage system.”

     (4)    After subsection (5) there is inserted—

           “(5A)              Where the sewer or drain satisfies the standards reasonably required by

it, a sewerage undertaker may, as a condition of permitting the

5

communication to be made, require that the sewer or that part of the

drain forming the lateral drain be vested in it by virtue of a declaration

under section 102 above.”

     (5)    In subsection (6)—

           (a)           for “(3) to (5)” there is substituted “(3) to (5A)”,

10

           (b)           in paragraph (b), after “(5)” there is inserted “or (5A)”,

           (c)           at the end there is added “(and, accordingly, section 105 above shall not

apply to any requirement under subsection (5A) above).”

     (6)    In section 219 of the WIA (general interpretation), in the definition of “public

sewer”, after “means” there is inserted “(subject to section 106(1A) above)”.

15

Part 4

Supplementary

 92    Devolution: Wales

     (1)    In the entry relating to the Reservoirs Act 1975 (c. 23) in Schedule 1 to the

National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672)

20

(referred to in this section as “the Order”), at the end there is inserted “except

section 12A(4).”.

     (2)    The entry relating to the WIA in Schedule 1 to the Order is amended as

follows—

           (a)           in the list of sections conferring on the Secretary of State functions

25

which are not transferred by the Order—

                  (i)                 after “sections 1,” there is inserted “2A,”,

                  (ii)                for “17” there is substituted “16A, 17 to 17D, 17F to 17K, 17N to

17P, 17R, 22A to 22F,”,

                  (iii)               after “27(3),” there is inserted “27A, 27B, 27E, 27G, 27I to 27K, 29,

30

29A,”,

                  (iv)                after “35,” there is inserted “38B, 66B, 66F to 66K, 86(1A),”,

                  (v)                 after “92,” there is inserted “95B,”,

                  (vi)                after “152(2),” there is inserted “192A, 192B,”,

                  (vii)               before “206(3)(e)” there is inserted “195A,”,

35

                  (viii)              after “Schedules 1” there is inserted “, 1A, 3A,”,

                  (ix)                at the end there is inserted “and except functions under such

other sections or Schedules as are expressly stated in the

succeeding paragraphs to be so excepted (but only to the extent

stated).”,

40

           (b)           in the paragraph relating to functions under sections 2, 5 (etc)—

                  (i)                 the reference to section 2 is omitted,

                  (ii)                the reference to sections 18 to 22 is omitted,

                  (iii)               for “37 to 39” there is substituted “37, 38, 39, 51A”,

                  (iv)                the reference to sections 68 to 70 is omitted,

45

 

 

Water Bill [HL]
Part 4 — Supplementary

    115

 

                  (v)                 the reference to section 93A is omitted,

                  (vi)                for “198 to 203” there is substituted “198 to 200”,

                  (vii)               the reference to section 205 is omitted,

                  (viii)              at the end there is inserted “(but not in relation to any licensed

water suppliers).”,

5

           (c)           the paragraph relating to section 28(4) is omitted,

           (d)           before the paragraph relating to functions under section 67 there is

inserted—

                                      “Functions under sections 2, 18 to 22, 68 to 70, 93A and 201 to

203 are transferred to the Assembly in relation to—

10

                        (a)                        any water or sewerage undertaker whose area is wholly

or mainly in Wales;

                        (b)                        any licensed water supplier so far as relating to licensed

activities using the supply system of any such water

undertaker; and

15

                        (c)                        in the case of functions under section 70, any other

person who is a relevant person (as defined in that

section) in relation to any such undertaker or licensed

water supplier.”,

           (e)           in the paragraph relating to functions under sections 3, 86 (etc), for “86”

20

there is substituted “86 (except subsection (1A))”,

           (f)           after that paragraph there is inserted—

                                      “In respect of the functions under sections 37A to 37D, 39B and

39C it is provided as follows—

                        (a)                        functions under those provisions so far as relating to

25

matters concerning the construction or enlargement of

reservoirs are transferred to the Assembly in relation to

Wales;

                        (b)                        functions under those provisions so far as relating to

matters other than the construction or enlargement of

30

reservoirs are transferred to the Assembly in relation to

any water undertaker whose area is wholly or mainly in

Wales; and

                        (c)                        the functions of the Assembly referred to in paragraph

(b) above so far as they are exercisable in relation to

35

England shall be exercisable only after consultation with

the Secretary of State.”,

           (g)           in the paragraph relating to section 152(1), after “Wales” there is

inserted “or (so far as relating to licensed activities using the supply

system of any such water undertaker) any licensed water supplier”,

40

and

           (h)           for the paragraph relating to section 208 there is substituted—

                                      “In respect of the functions under section 208 it is provided as

follows—

                        (a)                        the functions under that section of giving directions for

45

the purpose of mitigating the effects of any civil

emergency and the function (in the case of sub-

paragraphs (i) and (ii) below) of enforcing such

directions are transferred to the Assembly—

 

 

Water Bill [HL]
Part 4 — Supplementary

    116

 

                               (i)                              in relation to any water or sewerage undertaker

whose area is wholly or mainly in Wales;

                               (ii)                             in relation to any licensed water supplier so far

as relating to licensed activities using the supply

system of any such water undertaker; and

5

                               (iii)                            in relation to the Consumer Council for Water so

far as relating to its functions in connection with

any such water undertaker; and

                        (b)                        it is directed that the other functions under that section

shall be exercisable by the Assembly concurrently with

10

the Secretary of State in relation to the bodies and so far

as mentioned in paragraph (a)(i) to (iii) above.”

     (3)    In Schedule 2 to the Order, after the entry relating to the Environmental

Protection Act 1990 there is inserted a new entry as follows—

“           Water Industry Act 1991 c 56

15

                         The functions of the Secretary of State under sections 37A to 37D, 39B

and 39C so far as relating to matters other than the construction or

enlargement of reservoirs shall be exercisable only after consultation

with the Assembly.”

     (4)    The entry relating to the WRA in Schedule 1 to the Order is amended as

20

follows—

           (a)           in the paragraph referring to the functions of a Minister of the Crown

under sections 20(3) and 75(5)(c), after “20(3)” there is inserted “,

20B(3)”, and

           (b)           in the list of provisions under which there are transferred functions of

25

the Secretary of State to which paragraph 6 of Schedule 3 to the

Government of Wales Act 1998 (c. 38) is applied, in the appropriate

places there is inserted—

                  (i)                 “section 27A and (so far as it relates to section 27A) Schedule 6,”

                  (ii)                “section 33A,”

30

                  (iii)               “section 51(1C) to 51(1F),”,

                         and in the entry in that list relating to section 161C, after “regulations)”

there is inserted “, but not including section 161C as applied by section

25B.”.

     (5)    The entry relating to the Environment Act 1995 (c. 25) in Schedule 1 to the

35

Order is amended as follows—

           (a)           after paragraph (e) in the list of sections conferring functions which are

not transferred by the Order there is inserted—

                           “(f)                             functions exercisable by the Secretary of State in

pursuance of sub-paragraph (bb) of the definition of

40

“the relevant Minister” in paragraph 1(5) of Schedule

4;”,

           (b)           after paragraph (e) of the list of functions which are transferred not in

relation to Wales but in the manner specified there is inserted—

                           “(ea)                             functions under section 18A are transferred to the

45

Assembly in relation to the local flood defence

scheme for a district which is in the area of a regional

flood defence committee the whole or the greater part

of which is in Wales;”.

 

 

 
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