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Part VIE+W UNDERTAKERS ’ POWERS AND WORKS

Modifications etc. (not altering text)

C1Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)

CHAPTER IE+W UNDERTAKERS’ POWERS

Pipe-layingE+W

159 Power to lay pipes in other land.E+W

(1)Subject to the following provisions of this section, to section 162(9) below and to the provisions of Chapter III of this Part, every relevant undertaker shall, for the purpose of carrying out its functions, have power—

(a)to lay a relevant pipe (whether above or below the surface) in any land which is not in, under or over a street and to keep that pipe there;

(b)to inspect, maintain, adjust, repair or alter any relevant pipe which is in any such land;

(c)to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b) above.

(2)Nothing in subsection (1) above shall authorise a water undertaker to lay a service pipe in, on or over any land except where—

(a)there is already a service pipe where that pipe is to be laid; F1...

(b)the undertaker is required to lay the pipe in, on or over that land by virtue of any of subsections (3) to (5) of section 46 above; [F2or]

[F3(c)the undertaker is required to lay the pipe in, on or over that land by virtue of section 66A(3) for the purpose of enabling the use of its supply system to supply premises in a retail exit area.]

(3)The power conferred by virtue of paragraph (b) of subsection (1) above, and the power conferred in relation to that paragraph by virtue of paragraph (c) of that subsection shall be exercisable in relation to a service pipe irrespective of the person to whom the pipe belongs; but expenses incurred in exercising those powers in relation to any pipe shall be recoverable from the person to whom the pipe belongs only if and to the extent that that person has agreed to pay them.

(4)The powers conferred by this section shall be exercisable only after reasonable notice of the proposed exercise of the power has been given to the owner and to the occupier of the land where the power is to be exercised.

(5)Subject to subsection (6) below, in relation to any exercise of the powers conferred by this section for the purpose of laying or altering a relevant pipe, the minimum period that is capable of constituting reasonable notice for the purposes of subsection (4) above shall be deemed—

(a)where the power is exercised for the purpose of laying a relevant pipe otherwise than in substitution for an existing pipe of the same description, to be three months; and

(b)where the power is exercised for the purpose of altering an existing pipe, to be forty-two days.

(6)Subsection (5) above shall not apply in the case of any notice given with respect to the exercise of any power in an emergency or for the purpose of—

(a)laying or altering a service pipe; or

(b)complying with a duty imposed under section 41 or 98 above.

(7)Subject to subsection (2) above, in this section “relevant pipe” has the same meaning as in section 158 above [F4(reading references there to subsection (1) as references to subsection (1) of this section).]

Textual Amendments

F4Words in s. 159(7) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(5), 105(3); S.I. 2004/641, art. 4 (with Sch. 3 para. 7)

Modifications etc. (not altering text)

C3S. 159 applied (with modifications) (21.7.1994) by 1994 c. xi, s. 11(2)

S. 159 restricted (1.4.1996) by 1980 c. 66, s. 100(6B)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 9 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3, Sch. 1)