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(1)Subject to the provisions of this section, a county council [F1, metropolitan district council or London borough council] and a [F2water authority] may agree that—
(a)any drain or sewer which is vested in the county council [F1, metropolitan district council or London borough council] in their capacity of highway authority may, upon such terms as may be agreed, be used by the [F2water authority] for the purpose of conveying surface water from premises or streets;
(b)any public sewer vested in the [F2water authority] may, upon such terms as may be agreed, be used by the county council [F1, metropolitan district council or London borough council] for conveying surface water from roads repairable by the county council [F1, metropolitan district council or London borough council].
(2)Where a sewer or drain with respect to which a county council [F1, metropolitan district council or London borough council] and a [F2water authority] propose to make an agreement under this section discharges, whether directly or indirectly, into the sewers or sewage disposal works of another [F2water authority], the agreement shall not be made without the consent of that other [F2water authority], who may give their consent upon such terms as they think fit.
(3)A county council [F1, metropolitan district council or London borough council] or [F2water authority] shall not unreasonably refuse to enter into an agreement for the purposes of this section or insist unreasonably upon terms unacceptable to the other party, and a [F2water authority] shall not unreasonably refuse to consent to the making of such an agreement or insist unreasonably upon terms unacceptable to either party thereto, and any question arising under this section as to whether or not any authority or council are acting unreasonably shall be referred to the Minister, whose decision shall be final.
[F3(4)Nothing in this section shall be construed as limiting the rights of a county council [F1, metropolitan district council or London borough council] under section 264 of the Highways Act 1980.]
[F4(5)In this section references to a London borough council include references to the Common Council of the City of London.]
Textual Amendments
F1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 47
F2Words substituted by virtue of Water Act 1973 (c. 37), s. 14(2)
F3S. 21(4) substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 4(b)
Modifications etc. (not altering text)
C1S. 21 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C2S. 21(1)(a) amended by Water Act 1973 (c. 37), s. 14(3)
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