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The Control of Pollution (Discharges into Sewers) Regulations 1976

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Determination of matters arising under certain agreements

5.—(1) Where on the appointed day any agreement which was duly made before the commencement of the 1937 Act between a local authority and the owner or occupier of any trade premises, being such an agreement as is mentioned in subsection (1)(b) of section 43, is in force between a water authority and such an owner or occupier, any question—

(a)whether the agreement relates also to a matter other than the discharge of trade effluent into a sewer of the water authority, or

(b)whether any modifications, and if so what modifications, of the agreement, being an agreement relating also to such a matter, are appropriate in consequence of subsections (1) to (5) of section 43,

shall be determined in accordance with the provisions of paragraph (3) below.

(2) Where—

(a)on the appointed day any such agreement as is mentioned in paragraph (1) above is in force between a water authority and the owner or occupier of any trade premises, and

(b)in consequence of a notice duly given under subsection (2) of section 43 by the said owner or occupier to the water authority, consent is deemed to be duly given on the appointed day for certain discharges, subject to certain conditions, in accordance with the provisions of that subsection, and

(c)those conditions include a condition as to charges which are in respect of the discharges in question and other matters,

the proportion of the charges attributable to the discharges shall be determined, and the conditions to which the discharges are, for the purposes of paragraph (b) of the said subsection (2) of section 43, to be treated as subject immediately before the appointed day shall be limited, in accordance with the provisions of paragraph (3) below.

(3) Any matter required to be determined or limited for the purposes of paragraph (1) or (2) above shall be determined or limited by agreement between the parties or, in default of agreement, by the Secretary of State or by a person appointed by him in that behalf.

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