Public Health Act 1936

Private sewers and drains and cesspools E+W

34 Right of owners and occupiers within district to drain into public sewers. E+W

(1) [F1 Subject to the provisions of this section, the owner or occupier of any premises [F2 in the area of a sewerage undertaker or the owner of any private sewer draining premises in the area of such an undertaker shall be entitled to have his drains or sewer communicate with the public sewers of that undertaker and thereby] to discharge foul water and surface water from those premises or that private sewer]:

Provided that nothing in this subsection shall entitle any person—

(a) to discharge directly or indirectly into any public sewer—

(i) any liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process; or

(ii) any liquid or other matter the discharge of which into public sewers is prohibited by or under any enactment (including any enactment in this Act); or

(b) where separate public sewers are provided for foul water and for surface water, to discharge directly or indirectly—

(i) foul water into a sewer provided for surface water; or

(ii) except with the approval of the [F3 water authority], surface water into a sewer provided for foul water; or

(c) to have his drains or sewer made to communicate directly with a storm-water overflow sewer.

[F4 (2) For the purpose of exercising his rights under this section or of examining, repairing or renewing any drain or private sewer draining his premises into a public sewer, the owner or occupier of any premises shall be entitled to exercise the same powers as, for the purpose of carrying out its functions, are conferred on a sewerage undertaker by paragraph 2 of Schedule 19 to the Water Act 1989 (street works); and the provisions of that Act shall apply, with the necessary modifications, in relation to the power conferred by this subsection as they apply in relation to the power conferred by that paragraph.]

(3) A person desirous of availing himself of the foregoing provisions of this section shall give to the [F3 water authority] notice of his proposals, and at any time within twenty-one days after receipt thereof, the authority may by notice to him refuse to permit the communication to be made, if it appears to them that the mode of construction or condition of the drain or sewer is such that the making of the communication would be prejudicial to their sewerage system, and for the purpose of examining the mode of construction and condition of the drain or sewer they may, if necessary, require it to be laid open for inspection:

Provided that any question arising under this subsection between a [F3 water authority] and a person proposing to make a communication as to the reasonableness of any such requirement of the [F3 water authority], or of their refusal to permit a communication to be made, may on the application of that person be determined by a court of summary jurisdiction.

(4) Where the [F3 water authority] do not under the next but one succeeding section elect themselves to make the communication, the person making it shall, before commencing the work, give reasonable notice to any person directed by the authority to superintend the execution of the work and afford him all reasonable facilities for superintending the execution thereof.

(5) Any person causing a drain or sewer to communicate with a public sewer without complying with, or in contravention of, any of the provisions of this section, or before the expiration of the period mentioned in subsection (3) of this section, shall be liable to a fine not exceeding [F5 level 4 on the standard scale] and, whether proceedings have or have not been taken by them in respect of that offence, the local authority may close any communication made in contravention of any of those provisions, and recover from the offender any expenses reasonably incurred by them in so doing.

Textual Amendments

F1 Words substituted by Water Act 1973 (c. 37), s. 14(4)

F2 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 2(6)(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), 17, 40(4), 57(6), 58)

F3 Words substituted by virtue of Water Act 1973 (c. 37), s. 14(2)

F4 S. 34(2) substituted by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 2(6)(b) (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), 17, 40(4), 57(6), 58)

F5 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C1 S. 34 amended by Water Act 1973 (c. 37), Sch. 8 para. 37

C2 S. 34 restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 45, Sch. 7 Pt. VI para. 2, Pt. VIII para. 3

C3 S. 34 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)

C4 S. 34(1) proviso (a) excluded by Public Health (Drainage of Trade Premises) Act 1937 (c. 40), s. 1(1)

C5 S. 34(2)–(5) extended by Public Health (Drainage of Trade Premises) Act 1937 (c. 40), s. 1(2)

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 Ss. 28, 35 repealed by Water Act 1973 (c. 37), Sch. 9

36 †Right of local authority to undertake the making of communications with public sewers. E+W

(1) Where under either of the two last preceding sections a person gives to a [F7 water authority] notice of his proposal to have his drains or sewer made to communicate with a public sewer of that authority, the authority may, within fourteen days after the receipt of the notice or, if any question arising under the notice requires to be determined by a court of summary jurisdiction . . . F8 , within fourteen days after the decision of that question, give notice to that person that they intend themselves to make the communication and, if after such a notice has been given to him, he proceeds himself to make the communication, he shall be liable to a fine not exceeding [F9 level 4 on the standard scale].

(2) Where a [F7 water authority] have given such a notice as aforesaid, they shall have all such rights in respect of the making of the communication as the person desiring it to be made would have, but it shall not be obligatory on them to make the communication [F10 until either—

(a) there has been paid to the sewerage undertaker any such sum, not exceeding the undertaker’s reasonable estimate of the cost of the work, as the undertaker may have required to be paid to it; or

(b) there has been given to the undertaker such security for the payment of the cost of the work as it may reasonably have required.]

(3) If any payment so made to the [F7 water authority] exceeds the expenses reasonably incurred by them in the execution of the work, the excess shall be repaid by them and, if and so far as those expenses are not covered by the payment, if any, made to them, they may recover the expenses, or the balance thereof, from the person for whom the work was done.

(4) For the purposes of this section, the making of the communication between a drain or private sewer and a public sewer includes all such work as involves the breaking open of a street.

Textual Amendments

F7 Words substituted by virtue of Water Act 1973 (c. 37), s. 14(2)

F8 Words repealed by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2), Sch. 27 Pt. I (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(3), 17, 40(4), 41(1), 57(6), 58)

F9 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F10 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 2(7) (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)

Modifications etc. (not altering text)

C6 Unreliable marginal note

C7 S. 36 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), 17, 40(4), 57(6), 58)

37—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 Ss. 37–41 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

42 †Power of local authority to alter drainage system of premises. E+W

(1) Where any premises have a drain or sewer communicating with a public sewer or a cesspool, but that system of drainage, though sufficient for the effectual drainage of the premises, is not adapted to the general sewerage system of the district, or is in the opinion of the [F12 water authority] otherwise objectionable, the authority may, at their own expense and on condition that they first provide in a position equally convenient to the owner of the premises a drain or sewer equally effectual for the drainage thereof and communicating with a public sewer, close the existing drain or sewer and fill up the cesspool, if any, and do any work necessary for that purpose.

(2) A [F12 water authority] who propose to execute any work under this section shall give notice of their proposals to the owner of the premises in question and, if he is aggrieved thereby, as regards either the position or the sufficiency of the drain or sewer proposed to be provided for the drainage of the premises, he may appeal to a court of summary jurisdiction.

Textual Amendments

F12 Words substituted by virtue of Water Act 1973 (c. 37), s. 14(2)

Modifications etc. (not altering text)

C8 Unreliable marginal note

C9 S. 42 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)