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Public Utility Transfers and Water Charges Act 1988

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6(1)Subject to sub-paragraphs (2) and (3) and to paragraph 7(6) below, where any meter is installed on any premises by or at the request of any water undertakers, then, notwithstanding any agreement to the contrary between the undertakers and any other person, the undertakers shall bear—

(a)the expenses of installing and connecting the meter;

(b)any expenses incurred in maintaining, repairing or removing the meter in accordance with any requirements of the undertakers; and

(c)any expenses incurred in carrying out any works for purposes connected with the installation and connection of the meter or with the maintenance, repair or removal of the meter in accordance with any such requirements.

(2)Sub-paragraph (1) above shall not require any water undertakers to bear, or prevent any water undertakers from recovering from any other person—

(a)any expenses incurred for the purpose of enabling a condition imposed under paragraph 1 above to be satisfied;

(b)any sums to which they are entitled by virtue of subsection (4) of section 42 of Schedule 3 to the [1945 c. 42.] Water Act 1945 (owner of premises to bear cost of provision of separate service pipe required by undertakers);

(c)any expenses incurred in consequence of the exercise by the occupier of any premises of any option to be charged by the undertakers in relation to any premises by reference to volume rather than by reference to other matters,

except, in the case of expenses falling within paragraph (a) above, where the condition could not have been imposed but for the exercise by the undertakers of their power by virtue of paragraph (a), (b) or (d) of section 4(1) of the [1981 c. 12.] Water Act 1981 (separation of common water service pipes) to require the provision of a separate service pipe to any premises.

(3)The occupier of any premises where any water undertakers install or have installed a meter shall in all cases bear so much of the expenses referred to in sub-paragraph (1) above as is attributable to compliance with a request made by him in accordance with any regulations under section 5(2) of this Act for the positioning, in a place other than that reasonably proposed by the undertakers, either of the meter or of any pipe or apparatus installed for the purpose of facilitating the use of the meter.

(4)Without prejudice to the preceding provisions of this paragraph, where a person authorised by any water undertakers carries out any works or enters any premises by virtue of paragraph 2 above, or of a warrant under paragraph 3 above, the undertakers shall make good, or pay compensation for, any damage caused by that person or by any person accompanying him, by or in connection with the carrying out of the works or the entry or with the performance of any duty to secure the premises against trespassers.

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