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Water Industry Act 1991
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- s. 76-76C substituted for s. 76 by 2010 c. 29 s. 36
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
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- s. 144C inserted by 2010 c. 29 s. 45(1)
- s. 154A inserted by 2012 c. 8 s. 1
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- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/975 art. 2 commences (2003 c. 37)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/694 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
135 Restrictions on power to fix charges under Chapter III.E+W
(1)On any appeal under section 122 or 126(1) above conditions providing for the payment of charges to the sewerage undertaker in question shall not be determined by the Director except in so far as no provision is in force by virtue of a charges scheme under section 143 below in respect of any such receptions, discharges, removals or disposals of effluent or substances as are of the same description as the reception, discharge, removal or disposal which is the subject-matter of the appeal.
(2)In so far as any such conditions as are mentioned in subsection (1) above do fall to be determined by the Director, they shall be determined having regard to the desirability of that undertaker’s—
(a)recovering the expenses of complying with its obligations in consequence of the consent or agreement to which the conditions relate; and
(b)securing a reasonable return on its capital.
(3)To the extent that subsection (1) above excludes any charges from a determination on an appeal those charges shall be fixed from time to time by a charges scheme under section 143 below but not otherwise.
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