Public Utility Transfers and Water Charges Act 1988

Power to carry out works and enter premises

2 (1) Subject to the following provisions of this paragraph, where—

(a) any water undertakers have fixed any charges in relation to any premises by reference to volume or have given notice of their intention of so fixing any charges within the period specified in the notice; and

(b) there is either—

(i) a service pipe which is connected with the undertakers' main and by which a supply of water is or could be provided to those premises or to any building in which those premises are contained; or

(ii) a drain or private sewer which connects those premises with a public sewer,

the undertakers shall have power to carry out any works specified in sub-paragraph (2) below, and any person authorised by the undertakers may enter those premises for any of the purposes specified in sub-paragraph (3) below.

(2) The works mentioned in sub-paragraph (1) above are, in relation to any premises—

(a) works consisting in the installation and connection of any meter for use in determining the amount of any charges which have been or may be fixed in relation to the premises;

(b) where the premises consist of a house which is one of two or more houses to which the supply of water is by a single service pipe, works consisting in the installation and connection, for any purpose connected with the installation or connection of such a meter, of a separate service pipe, or part of a service pipe, for that house;

(c) works for the purpose of maintaining, repairing, disconnecting or removing any meter which has been installed on those premises for use in determining the amount of any charges which have been or may be fixed in relation to the premises or of maintaining, repairing, disconnecting or removing any pipes or apparatus installed in the course of any works specified in this paragraph; and

(d) any other works appearing to the undertakers to be necessary or expedient for any purpose connected with the carrying out of any works specified in paragraph (a), (b) or (c) above, including the installation and connection of any pipes or other apparatus on the premises and the alteration or removal of any of the plumbing of the premises.

(3) The purposes mentioned in sub-paragraph (1) above are, in relation to any premises—

(a) the carrying out on those premises of any survey for the purpose of ascertaining—

(i) whether the carrying out of any works by virtue of paragraph (a) or (b) of sub-paragraph (2) above is practicable;

(ii) whether it is necessary or expedient for any purpose connected with the carrying out of any works by virtue of either of those paragraphs for any other works to be carried out; or

(iii) how any works specified in that sub-paragraph should be carried out;

(b) the carrying out of any works so specified;

(c) the inspection, examination or testing of any meter on those premises or of any pipes or apparatus installed in the course of any works carried out for any purpose connected with the installation, connection, testing, maintenance or repair of any meter on the premises;

(d) the ascertainment from any meter of the volume of water supplied to, or of effluent discharged from, those premises.

(4) A notice given for the purposes of sub-paragraph (1)(a) above may relate to particular premises or to any description of premises and shall be given—

(a) by publishing the notice in the locality in which the premises to which it relates are situated in such manner as appears to the undertakers appropriate for bringing it to the attention of the persons likely to be affected by it; and

(b) by sending a copy of the notice to the Secretary of State.

(5) Without prejudice to any power exercisable by virtue of a warrant under paragraph 3 below, no person shall make an entry into any premises by virtue of this paragraph except—

(a) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises; and

(b) on production of a duly authenticated document showing that person’s authority.

(6) An authorised person who exercises any power in relation to any premises by virtue of this paragraph or of a warrant under paragraph 3 below—

(a) may take with him such other persons as may be necessary; and

(b) on leaving any premises which he has entered in or for the purpose of exercising that power, shall leave them as effectually secured against trespassers as he found them.

(7) A person shall be treated for the purposes of sub-paragraph (6)(b) above, and for the purposes of paragraphs 4(1) and 6(4) below, as exercising a power in relation to any premises by virtue of this paragraph notwithstanding that he, or the person he accompanies, has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with any requirement imposed by virtue of sub-paragraph (5) above.

(8) In this paragraph—

• “drain” and “public sewer” have the same meanings as in the [1936 c. 49.] Public Health Act 1936 and “private sewer” shall be construed accordingly;

• “house”, “main” and “service pipe” have the same meanings as in Schedule 3 to the [1945 c. 42.] Water Act 1945; and

• “plumbing” includes any supply pipe within the meaning of that Schedule.

(9) Without prejudice to the power of any water undertakers to impose a condition under paragraph 1 above in a case where they have exercised their power under section 42 of the said Schedule 3 to require the provision of a separate service pipe, nothing in that paragraph shall be construed as authorising any water undertakers to impose any such condition where they are required to connect any pipe installed under this paragraph to a main or service pipe.