Highways Act 1980

22 Application of section 21 to sewers and sewage disposal works of sewerage authorities

(1) Section 21(1) to (3) above, and the provisions of the Town and Country Planning Act 1971 applied by section 21(1) above apply, so far as applicable, in relation to the sewers and sewage disposal works of any sewerage authority as they apply in relation to the apparatus of statutory undertakers.

(2) In the provisions of the said Act of 1971, as applied for the purposes of this section, references to the appropriate Minister are to be construed—

(a) in relation to matters arising in England, as references to the Secretary of State for the Environment; and

(b) in relation to matters arising in Wales, as references to the Secretary of State for Wales.

(3) Where a public sewer is removed in pursuance of a notice or order given or made under section 230 or 232 of the [1971 c. 78.] Town and Country Planning Act 1971, as applied for the purposes of this section in relation to any such land as is specified in paragraph (a) or (b) of section 21(2) above, any person who is the owner or occupier of premises the drains of which communicated with that sewer, or the owner of a private sewer which communicated with that sewer, is entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(4) In this section " owner" has the same meaning as in section 21 above.