Search Legislation

Water Act 2003

Status:

This is the original version (as it was originally enacted).

98Schemes for the adoption of sewers, lateral drains and sewage disposal works

This section has no associated Explanatory Notes

After section 105 of the WIA there is inserted—

105ASchemes for the adoption of sewers, lateral drains and sewage disposal works

(1)The Secretary of State may by regulations provide for him to make schemes for the adoption by sewerage undertakers of sewers, lateral drains and sewage disposal works of the descriptions set out in paragraphs (a), (aa) and (b) of section 102(1) above.

(2)The regulations may require sewerage undertakers to prepare draft schemes and to submit them to the Secretary of State.

(3)Each scheme shall relate to—

(a)the area of a sewerage undertaker, or part or parts of it; or

(b)the areas of more than one sewerage undertaker, or part or parts of them.

(4)It shall be the duty of a sewerage undertaker, in specified circumstances, to exercise its powers under section 102 above with a view to making the declaration referred to in subsection (1) of that section in relation to sewers, lateral drains or sewage disposal works which—

(a)fall within the area to which a scheme relates; and

(b)satisfy specified criteria.

(5)The circumstances and the criteria shall each be—

(a)specified in the regulations; or

(b)determined in accordance with the regulations and specified in the scheme.

(6)In relation to the exercise of those powers pursuant to that duty—

(a)section 102 above shall have effect—

(i)with the omission of subsections (2), (5) and (7);

(ii)as if in subsection (1) the words “sections 103, 105 and 146(3) below” read “section 105B below”;

(iii)with the omission of the words “or application” in subsection (3);

(iv)as if for subsection (4)(a) there were substituted—

(a)shall give notice of its proposal to the owner or owners of the sewer, lateral drain or works in question unless, after diligent enquiry, he or they cannot be traced;

(aa)shall publish notice of its proposal in the prescribed manner; and;

(v)as if in subsection (4)(b) “two months” read “two months or, if longer, the period specified by virtue of section 105B(5) below” and “section 105 below” read “section 105B(4) or (5) below, or”; and

(vi)as if section 96(3) of the Water Act 2003 did not apply;

(b)sections 103 and 105 above shall not apply; and

(c)if the regulations so provide, section 146(3) below shall not apply in circumstances or cases specified in the regulations.

(7)A duty imposed on a sewerage undertaker under subsection (4) above shall be enforceable by the Secretary of State under section 18 above.

(8)A statutory instrument containing regulations under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

105BAdoption schemes: appeals

(1)Any person falling within subsection (2) below may appeal to the Authority if he is aggrieved by—

(a)the proposal of a sewerage undertaker to make a declaration under section 102 above in relation to a sewer, lateral drain or sewage disposal works, pursuant to the undertaker’s duty to do so under section 105A(4) above (the “relevant duty”); or

(b)the failure of a sewerage undertaker to make such a proposal pursuant to that duty.

(2)The persons referred to are—

(a)an owner of a sewer, lateral drain or sewage disposal works;

(b)any other person affected by the proposal, or the failure, in question.

(3)The grounds upon which a person may appeal are—

(a)in a subsection (1)(a) case, that the relevant duty is not owed in relation to the sewer, lateral drain or sewage disposal works, or that the making of the proposed declaration would be seriously detrimental to him;

(b)in a subsection (1)(b) case, that the relevant duty is owed in relation to the sewer, lateral drain or sewage disposal works; or

(c)any other prescribed ground.

(4)An appeal under subsection (1)(a) above shall be made within two months after notice of the proposal is—

(a)served on the owner of the sewer, lateral drain or sewage disposal works; or

(b)published in accordance with section 102(4) above as modified by section 105A(6) above,

(or, if both occur, within two months after whichever is the later).

(5)An appeal under subsection (1)(b) above shall be made within such period as is specified in the scheme (not being less than two months).

(6)On the hearing of an appeal under subsection (1) above, the Authority may—

(a)in a subsection (1)(a) case, allow or disallow the proposal of the sewerage undertaker; or

(b)in a subsection (1)(b) case, determine that the undertaker was not under the relevant duty in relation to the sewer, lateral drain or sewage disposal works in question,

or, in either case, make any declaration that the sewerage undertaker might have made, unless the proposal is disallowed.

(7)If, in a subsection (1)(a) case, the Authority finds that the making of the proposed declaration would be seriously detrimental to the appellant, it shall disregard any duty on the part of the sewerage undertaker to make the proposal for the purpose of determining whether to allow or disallow the proposal.

(8)If, in a subsection (1)(a) case, the Authority disallows the proposal of the sewerage undertaker, the scheme pursuant to which it was made shall have effect as if there were no duty under section 105A(4) above on the sewerage undertaker in relation to the sewer, lateral drain or sewage disposal works in question.

(9)Where the Authority makes a declaration under subsection (6) above, it may, if it thinks fit—

(a)specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and

(b)direct that its declaration shall not take effect unless any conditions so specified are accepted.

(10)A declaration made under subsection (6) above shall have the same effect as if it had been made by the undertaker.

(11)The Secretary of State may by regulations make further provision in connection with appeals under this section.

(12)The regulations may, in particular, require the Authority to have regard to prescribed matters when determining an appeal under this section.

105CAdoption schemes: supplementary

(1)The Secretary of State may vary any scheme, or revoke it.

(2)Before making regulations or any scheme under section 105A above, and before amending or revoking the regulations or varying or revoking a scheme, the Secretary of State shall consult—

(a)each sewerage undertaker which would be affected;

(b)the Authority;

(c)the Council;

(d)such other persons as the Secretary of State considers appropriate.

(3)The Secretary of State shall publish each scheme he makes, and any such scheme as varied, in the way he considers best for the purpose of bringing it to the attention of those likely to be affected by it.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources