Water Act 1989

Part IV Powers in Relation to Land and Works Powers etc.

Powers and duties in relation to land etc.

151 Compulsory purchase etc

(1) The Authority, a water undertaker or a sewerage undertaker may be authorised—

(a) in the case of the Authority, by the Secretary of State or the Minister; and

(b) in the case of a water undertaker or sewerage undertaker, by the Secretary of State,

to purchase compulsorily any land anywhere in England and Wales which is required by the Authority or, as the case may be, that undertaker for the purposes of, or in connection with, the carrying out of its functions.

(2) The power of the Secretary of State or the Minister under subsection (1) above shall include power—

(a) to authorise the acquisition of interests in and rights over land by the creation of new interests and rights; and

(b) by authorising the acquisition by the Authority or any water undertaker or sewerage undertaker of any rights over land which is to be or has been acquired by the Authority or that undertaker, to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the Authority or a water undertaker or sewerage undertaker may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the [1981 c. 67.] Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4) Subject to section 159 below, the Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Authority, a water undertaker or a sewerage undertaker; and Schedule 3 to the said Act of 1981 shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5) Schedule 18 to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the [1965 c. 56.] Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.

(6) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10, 21, 27(1) and 31 and Schedule 4, shall apply in relation to any power to acquire land by agreement which is conferred (whether by virtue of section 145(1) above or otherwise) on the Authority or (whether by virtue of the memorandum and articles of the company for the time being carrying out the functions of the undertaker or section 97(1) above or otherwise) on a water undertaker or sewerage undertaker, as if—

(a) any reference in those provisions to the acquiring authority were a reference to the Authority or, as the case may be, that undertaker; and

(b) any reference to land subject to compulsory purchase were a reference to land which may be purchased by agreement under that power.

152 Restriction on disposals of land

(1) The Authority shall not dispose of any of its compulsorily acquired land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, the Secretary of State or the Minister.

(2) A company holding an appointment under Chapter I of Part II of this Act shall not dispose of any of its protected land, or of any interest or right in or over any of that land, except with the consent of, or in accordance with a general authorisation given by, the Secretary of State.

(3) A consent or authorisation for the purposes of this section shall be set out in a notice served by the Secretary of State or the Minister on the person who is or may be authorised, by virtue of the provision contained in the notice, to dispose of land or of interests or rights in or over land or, as the case may be, on every such person.

(4) A consent or authorisation for the purposes of this section may be given on such conditions as the Secretary of State or, as the case may be, the Minister considers appropriate.

(5) Without prejudice to the generality of subsection (4) above and subject to subsection (6) below, the conditions of a consent or authorisation for the purposes of this section may include—

(a) a requirement that, before there is any disposal, an opportunity of acquiring the land in question, or an interest or right in or over that land, is to be made available, in such manner and on such terms as may be specified in or determined under provision contained in the notice setting out the consent or authorisation, to such person as may be so specified or determined;

(b) a requirement, in the case of a consent or authorisation for the purposes of subsection (2) above, that the company making the disposal has complied with such of the conditions of its appointment under Chapter I of Part II of this Act as relate to the disposal of its protected land or of any interest or right in or over that land;

(c) a requirement that such a company, before making a disposal in a case in which the land in question is situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest, should do one or both of the following, that is to say—

(i) consult with the Countryside Commission and, in the case of an area of special scientific interest, with the Nature Conservancy Council; and

(ii) enter into such agreements under section 39 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (management agreements) or such covenants under subsection (7) below as the Secretary of State may determine;

(d) provision requiring determinations under or for the purposes of the consent or authorisation to be made, in such cases as are mentioned in paragraph (c) above, either by the Countryside Commission or only after consultation with that Commission.

(6) A consent or authorisation shall not be given on any such condition as is mentioned in subsection (5)(a) above except where the Secretary of State or the Minister is satisfied that the condition will have effect in relation only to—

(a) land which, or any interest or right in or over which, was acquired by—

(i) the Authority;

(ii) the water undertaker or sewerage undertaker in question; or

(iii) any predecessor of the Authority or undertaker,

either compulsorily or at a time when the Authority, undertaker or predecessor was authorised to acquire it compulsorily; or

(b) land situated in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest.

(7) Where a company holding an appointment under Chapter I of Part II of this Act is proposing, in such a case as is mentioned in subsection (5)(c) above, to dispose of, or of any interest or right in or over, any of its protected land, it may enter into a covenant with the Secretary of State by virtue of which it accepts obligations with respect to—

(a) the freedom of access to the land that is to be afforded to members of the public or to persons of any description; or

(b) the use or management of the land;

and a covenant under this subsection shall bind all persons deriving title from or under that company and shall be enforceable by the Secretary of State accordingly.

(8) Section 8 above shall have effect for the purposes of this section as if every proposal which—

(a) is made by a company holding an appointment as a water undertaker or sewerage undertaker with respect to land in a National Park, in the Broads or in an area of outstanding natural beauty or special scientific interest or with respect to any interest or right in or over any such land; and

(b) is a proposal for which the Secretary of State’s consent or authorisation is required under this section,

were a proposal relating to the functions of that undertaker.

(9) In this section “compulsorily acquired land”, in relation to the Authority, means any land of the Authority which—

(a) was acquired by the Authority compulsorily under the provisions of section 151 above or of section 155 below;

(b) was acquired by the Authority at a time when it was authorised under those provisions to acquire the land compulsorily;

(c) being land which has been transferred to the Authority in accordance with a scheme under Schedule 2 to this Act, was acquired by a predecessor of the Authority compulsorily under so much of any enactment in force at any time before the transfer date as conferred powers of compulsory acquisition; or

(d) being land which has been so transferred, was acquired by such a predecessor at a time when it was authorised to acquire the land by virtue of any such powers as are mentioned in paragraph (c) above.

(10) In this section—

• “area of outstanding natural beauty or special scientific interest” means an area which—

  (a)

  is for the time being designated as an area of outstanding natural beauty for the purposes of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949; or

  (b)

  is an area in relation to which a notification given, or having effect as if given, under section 28 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (areas of special scientific interest) for the time being has effect;

  and the reference in subsection (5)(c) above to an area of special scientific interest shall, accordingly, be construed as a reference to an area such as is mentioned in paragraph (b) of this definition; and

• “the Broads” has the same meaning as in the [1988 c. 4.] Norfolk and Suffolk Broads Act 1988.

153 Laying and vesting of pipes etc

(1) Schedule 19 to this Act (which confers powers on the Authority and on water undertakers and sewerage undertakers for the purpose of enabling them to lay pipes and sewers and carry out related works) shall have effect.

(2) Subject to subsection (4) below and to any provision to the contrary contained in an agreement between the Authority or undertaker and the person in whom an interest in the pipe or works is or is to be vested—

(a) every pipe which is a relevant pipe for the purposes of Schedule 19 to this Act and has been laid, in exercise of any power conferred by that Schedule or otherwise, by the Authority or a water undertaker or sewerage undertaker; and

(b) every sewage disposal works constructed by a sewerage undertaker,

shall vest in the Authority, the undertaker which laid it or, as the case may be, the undertaker which constructed them.

(3) In addition to the sewers and works which vest in a sewerage undertaker by virtue of subsection (2) above, the following shall also vest in such an undertaker, that is to say—

(a) every sewer or sewage disposal works with respect to which a declaration of vesting made or having effect as if made by that undertaker under Part II of the [1936 c. 49.] Public Health Act 1936 takes effect; and

(b) every sewer which is laid in the area of that undertaker under Part XI of the [1980 c. 66.] Highways Act 1980 (making up private streets) and is not a sewer belonging to a road maintained by a highway authority.

(4) Subsection (2) above shall not apply to a service pipe laid in a street other than the street in which the water main with which it connects is situated and shall not apply to a service pipe laid otherwise than in a street where that pipe is laid—

(a) in pursuance of the duty imposed by virtue of section 42(3)(c) above; or

(b) in substitution for a service pipe belonging to a person other than the person who lays the replacement pipe.

(5) It is hereby declared that anything which, in pursuance of any arrangements under section 73 above, is done on behalf of a sewerage undertaker by a relevant authority within the meaning of that section is, subject to any provision to the contrary contained in any such arrangements, to be treated for the purposes of this section as done by the undertaker.

(6) The preceding provisions of this section are without prejudice to the vesting of anything in the Authority, or in a company appointed to be a water undertaker or sewerage undertaker, in accordance with a scheme under Schedule 2 or 5 to this Act or by virtue of the exercise by the Authority or any such undertaker of any power to acquire property by agreement or compulsorily.

154 Power to deal with foul water and pollution

(1) Without prejudice to the powers conferred by section 115 above or by Schedule 19 to this Act, the Authority and every water undertaker shall have power, on any land which belongs to the Authority or that undertaker or over or in which the Authority or that undertaker has acquired the necessary easements or rights, to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose—

(a) of intercepting, treating or disposing of any foul water arising or flowing upon that land; or

(b) of otherwise preventing the pollution—

(i) of any waters, whether on the surface or underground, which belong to the Authority or any water undertaker or from which the Authority or any water undertaker is authorised to take water;

(ii) without prejudice to sub-paragraph (i) above, of any reservoir which belongs to or is operated by the Authority or any water undertaker or which the Authority or any water undertaker is proposing to acquire or construct for the purpose of being so operated; or

(iii) of any underground strata from which the Authority or any water undertaker is for the time being authorised to abstract water in pursuance of a licence under the [1963 c. 38.] Water Resources Act 1963.

(2) Where any water undertaker is proposing to carry out any such works as are mentioned in subsection (1) above and the proposed works will affect any watercourse, the undertaker shall consult the Authority before carrying out the works.

(3) Without prejudice to section 160 below, nothing in subsection (1) above shall authorise the Authority or any water undertaker, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.

(4) Any dispute as to whether any consent for the purposes of subsection (3) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) Paragraphs 2 and 3 of Schedule 19 to this Act (street works) shall have effect as if any reference in those paragraphs to the laying of a relevant pipe, within the meaning of that Schedule, included a reference to the laying of any drain or sewer for any of the purposes mentioned in subsection (1)(a) and (b) above and to the construction of a watercourse for any of those purposes.

155 Compulsory powers for carrying out works

(1) Where the Authority or a water undertaker is proposing, for the purposes of, or in connection with, the carrying out of any of its functions—

(a) to carry out any engineering or building operations; or

(b) to discharge water into any inland water or underground strata,

the Authority or, as the case may be, the undertaker may apply to the appropriate Minister for an order under this section.

(2) Subject to the following provisions of this section, the appropriate Minister may, on an application under subsection (1) above, by order made by statutory instrument confer such compulsory powers and grant such authority as he considers necessary or expedient for the purpose of enabling any engineering or building operations or discharges of water to be carried out or made for the purposes of, or in connection with, the carrying out of the functions with respect to which the application was made.

(3) Schedule 20 to this Act shall have effect with respect to applications for orders under this section and with respect to such orders.

(4) Subject to the said Schedule 20, an order under this section may—

(a) without prejudice to section 151 above, confer power to acquire compulsorily any land, including—

(i) power to acquire interests in and rights over land by the creation of new rights and interests; and

(ii) power, by the compulsory acquisition by the Authority or any water undertaker of any rights over land which is to be or has been acquired by the Authority or that undertaker, to extinguish any such rights;

(b) apply for the purposes of the order, either with or without modifications, any of the provisions of this Part of this Act which do not apply for those purposes apart from by virtue of this paragraph;

(c) make any authority granted by the order subject to such conditions as may be specified in the order;

(d) amend or repeal any local statutory provision;

(e) contain such supplemental, consequential and transitional provision as the appropriate Minister considers appropriate.

(5) Nothing in any order under this section shall exempt the Authority or any water undertaker from any restriction imposed by Part IV of the [1963 c. 38.] Water Resources Act 1963 (abstraction and impounding of water).

(6) It is hereby declared that an order under this section may grant authority for discharges of water by the Authority or a water undertaker where the Authority or the undertaker has no power to take water, or to require discharges to be made, from the inland water or other source from which the discharges authorised by the order are intended to be made; but nothing in so much of any such order as grants authority for any discharges of water shall have the effect of conferring any such power.

(7) In this section and Schedule 20 to this Act “the appropriate Minister”—

(a) in relation to an application by the Authority for an order under this section or an order made on such an application, means the Secretary of State or the Minister; and

(b) in relation to an application by a water undertaker for an order under this section or an order made on such an application, means the Secretary of State.

156 Power to carry out surveys and to search for water

(1) Without prejudice to the power conferred by paragraph 10 of Schedule 19 to this Act any person designated in writing under this section by the Authority or any water undertaker may enter any premises for any of the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are the carrying out of any survey or tests for the purpose of determining—

(a) whether it would be appropriate for the Authority or, as the case may be, the undertaker to acquire any land or any right over land for purposes connected with the carrying out of its functions; or

(b) whether it would be appropriate for the Authority or, as the case may be, the undertaker to apply for an order under section 155 above and what compulsory powers it would be appropriate to apply for under that section.

(3) The power by virtue of subsection (1) above of a person designated under this section to enter any premises for the purpose of carrying out any survey or tests shall include power—

(a) to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil, the presence of underground water in the sub-soil or the quantity or quality of any such water;

(b) to install and keep monitoring or other apparatus on the premises for the purpose of obtaining the information on which any such determination as is mentioned in subsection (2) above may be made; and

(c) to take away and analyse such samples of water or of any land or articles as the Authority or, as the case may be, the undertaker considers necessary for any of the purposes so mentioned and has authorised that person to take away and analyse.

(4) The powers conferred by this section shall not be exercised in any case for purposes connected with the determination of—

(a) whether, where or how a reservoir should be constructed; or

(b) whether, where or how a borehole should be sunk for the purpose of abstracting water from or discharging water into any underground strata,

unless the Secretary of State has, in accordance with subsection (5) below, given his written authorisation in relation to that case for the exercise of those powers for those purposes.

(5) The Secretary of State shall not give his authorisation for the purposes of subsection (4) above unless—

(a) he is satisfied that notice of the proposal to apply for the authorisation has been given to the owner and to the occupier of the premises in question; and

(b) he has considered any representation or objections which, within the period of fourteen days beginning with the day after the giving of the notice, have been duly made to him by the owner or occupier of those premises with respect to the proposed exercise of powers under this section and have not been withdrawn.

(6) Without prejudice to any power exercisable by virtue of a warrant under section 178 below, no person shall make an entry into any premises by virtue of this section except—

(a) in an emergency; or

(b) at a reasonable time and after seven days' notice of the intended entry has been given to the occupier of the premises.

157 Duties to make recreational facilities available when carrying out certain works

(1) Without prejudice to any duty imposed by virtue of subsection (2) below, where—

(a) the Secretary of State makes an order under section 155 above authorising the Authority or a water undertaker to carry out works for or in connection with the construction or operation of a reservoir or conferring compulsory powers for that purpose on the Authority or such an undertaker; and

(b) it appears to him that the works to be carried out may permanently affect the area in which they are situated and are not primarily intended to benefit the inhabitants of that area,

he may include in the order provision with respect to facilities for recreation or other leisure-time occupation for the benefit of those inhabitants.

(2) Where the Authority or a water undertaker carries out any works for or in connection with the construction or operation of a reservoir in Wales which—

(a) permanently affect one or more communities; and

(b) are not primarily intended by the Authority or that undertaker to benefit the inhabitants of that or those communities,

it shall be the duty of the Authority or, as the case may be, that undertaker to make available facilities for recreation or other leisure-time occupation for the benefit of those inhabitants or to assist others to make such facilities available.

(3) It shall be the duty of the Authority and of every water undertaker, in performing its duty under subsection (2) above, to consult—

(a) the community councils of the communities affected, in the case of communities having such councils; and

(b) in any case, the council of any district in which any community affected is situated.

(4) The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

158 Byelaws with respect to waterways etc. in which the Authority or undertakers have an interest

(1) Every relevant body shall have power to make such byelaws as are mentioned in subsection (3) below with respect to any waterway owned or managed by that body and with respect to any land held or managed with the waterway.

(2) The Authority shall also have power to make such byelaws as are so mentioned with respect to any inland waters in relation to which there is a public right of navigation, and with respect to any land associated with such waters, if navigation in those waters—

(a) is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

(b) is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

(3) The byelaws referred to in subsections (1) and (2) above in relation to any waterway, to any inland waters or to any land held or managed with any such waterway or associated with any such waters are byelaws for any of the following purposes, that is to say—

(a) the preservation of order on or in any such waterway, waters or land;

(b) the prevention of damage to anything on or in any such waterway, waters or land or to any such land;

(c) securing that persons resorting to any such waterway, waters or land so behave as to avoid undue interference with the enjoyment of the waterway, waters or land by others.

(4) Without prejudice to the generality of any of the paragraphs of subsection (3) above or to the power conferred on the Authority by virtue of section 114 above, the byelaws mentioned in that subsection include byelaws—

(a) regulating sailing, boating, bathing and fishing and other forms of recreation;

(b) prohibiting the use of the waterway or, as the case may be, inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the body making the byelaws;

(c) requiring the provision of such sanitary appliances as may be necessary for the purpose of preventing pollution;

(d) providing for a contravention of the byelaws to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be specified in the byelaws; and

(e) authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(5) Byelaws made under this section otherwise than by the Authority shall cease to have effect at the end of the period of ten years beginning with the day on which they were made; but the Secretary of State may by order made by statutory instrument make provision in relation to any particular byelaws for those byelaws to continue to have effect for such period after the time when they would otherwise cease to have effect as may be specified in the order.

(6) In this section—

• “boat” includes a vessel of any description, and “boating” shall be construed accordingly;

• “relevant body” means the Authority or any water undertaker or sewerage undertaker; and

• “waterway” has the same meaning as in the National Parks and Access to the [1949 c. 97.] Countryside Act 1949.

Provisions supplemental to powers of acquisition and works powers

159 Mineral rights

Schedule 21 to this Act (which makes provision with respect to the acquisition of mineral rights by the Authority and by water undertakers and sewerage undertakers and with respect to the working of mines and minerals where pipes, sewers or other related works are affected) shall have effect and, in the case of the compulsory acquisition of land by virtue of this Act, shall have effect instead of Schedule 2 to the [1981 c. 67.] Acquisition of Land Act 1981 (mineral rights etc. in relation to compulsory purchase orders).

160 Protection of certain undertakings

(1) Nothing in this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking falling within subsection (3) below, which, whether directly or indirectly, so interferes or will so interfere—

(a) with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or

(b) with the use of any such works or property,

as to affect injuriously those works or that property or the carrying on of the undertaking.

(2) Nothing in any provision of this Act conferring power on the Authority, on a water undertaker or on a sewerage undertaker to carry out any works shall confer power to do anything which prejudices the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by any persons carrying on an undertaking falling within subsection (3) below.

(3) The following are the undertakings which fall within this subsection, that is to say—

(a) the undertakings of the Authority, the Civil Aviation Authority, the British Coal Corporation and the Post Office;

(b) the undertaking of any water undertaker or sewerage undertaker;

(c) any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984;

(d) any airport to which Part V of the [1986 c. 31.] Airports Act 1986 applies;

(e) the undertaking of any public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986;

(f) the undertaking of the Central Electricity Generating Board or of any Area Board, within the meaning of the [1947 c. 54.] Electricity Act 1947;

(g) the undertaking of any navigation, harbour or conservancy authority or of any internal drainage board;

(h) the undertaking of the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway;

(i) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act;

and, in relation to any such airport as is mentioned in paragraph (d) above, any reference in subsection (1) or (2) above to the persons carrying on the undertaking is a reference to the airport operator.

(4) Without prejudice to subsections (1) and (2) above, nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—

(a) with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or

(b) with any such works used by any person for irrigating any land.

(5) Where the Authority or any water undertaker or sewerage undertaker proposes, otherwise than in exercise of any compulsory powers, to construct or alter any relevant inland water in any internal drainage district or to construct or alter any works on or in any such inland water, the Authority or undertaker shall consult the internal drainage board for that district before doing so.

(6) A consent for the purposes of subsection (1) or (4) above may be given subject to reasonable conditions but shall not be unreasonably withheld.

(7) Subject to subsection (8) below, any dispute—

(a) as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) or (4) above;

(b) as to whether any consent for the purposes of this section is being unreasonably withheld; or

(c) as to whether any condition subject to which any such consent has been given was reasonable,

shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

(8) Paragraph 23 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply to the Authority, to every water undertaker and to every sewerage undertaker for the purposes of any works carried out by that Authority or undertaker in exercise of any of the powers conferred by this Act (including the powers conferred by sections 97 and 145 above).

(9) In this section “relevant inland water” means any inland water other than one that forms part of a main river for the purposes of the [1976 c. 70.] Land Drainage Act 1976.

161 Duty to move pipes etc. in certain cases

(1) Where any relevant pipe or other apparatus is for the time being kept installed by a water undertaker or sewerage undertaker on, under or over any land, any person with an interest in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe or apparatus on the ground that the alteration or removal of that pipe or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

(2) Subject to subsections (3) and (4) below, where a notice is served on a water undertaker or sewerage undertaker under subsection (1) above, it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.

(3) Nothing in this section shall require a water undertaker or sewerage undertaker to alter or remove any pipe or apparatus which is kept installed in, under or over any street.

(4) A water undertaker or sewerage undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under subsection (1) above that such security as the undertaker may reasonably require has been provided for the discharge of any obligation of that person under subsection (5) below.

(5) Where a water undertaker or sewerage undertaker carries out any works under this section by virtue of a notice having been served by any person under subsection (1) above, the undertaker shall be entitled to recover any expenses reasonably incurred in carrying out those works from that person.

(6) Where any sums have been deposited with a water undertaker or sewerage undertaker by way of security for the discharge of any obligation under subsection (5) above, the undertaker shall pay interest at such rate as may be determined either—

(a) by the undertaker with the approval of the Director; or

(b) in default of a determination under paragraph (a) above, by the Director,

on every sum of 50p so deposited for every three months during which it remains in the hands of the undertaker.

(7) An approval or determination by the Director for the purposes of subsection (6) above may be given or made in relation to a particular case or description of cases or generally and may be revoked at any time.

(8) The duty of a water undertaker or sewerage undertaker under this section shall be enforceable under section 20 above by the Director.

(9) In this section—

• “improvement”, in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water or the provision of sewerage services to any premises; and

• “relevant pipe” has the same meaning as in Schedule 19 to this Act.

162 Complaints with respect to the exercise of works powers on private land

(1) Subject to subsection (2) below, it shall be the duty of the Director to investigate any complaint made or referred to him with respect to the exercise by a water undertaker or sewerage undertaker of any powers conferred on that undertaker by or by virtue of paragraph 4 of Schedule 19 to this Act.

(2) The Director shall not be required to investigate any such complaint as is mentioned in subsection (1) above if—

(a) the complaint appears to the Director to be vexatious or frivolous;

(b) the Director is not satisfied that the complaint has been brought by the complainant to the attention of the water undertaker or sewerage undertaker in question and that that undertaker has been given a reasonable opportunity of investigating and dealing with it; or

(c) the complaint was first made to the Director or the appropriate customer service committee more than twelve months, or such longer period as the Director may for special reasons allow, after the matters to which the complaint relates first came to the notice of the complainant.

(3) Where the Director, in pursuance of his duty under this section, investigates a complaint with respect to the exercise of any powers by a water undertaker or sewerage undertaker—

(a) it shall be the duty of that undertaker to provide the Director with all such information and assistance as he may reasonably require for the purposes of his investigation; and

(b) it shall be the duty of the Director, before giving any direction under subsection (4) below, to consider any representations made to him by the complainant or by that undertaker with respect to the subject-matter of the complaint.

(4) If on a complaint under subsection (1) above with respect to the exercise of any powers by a water undertaker or sewerage undertaker, the Director is satisfied that that undertaker—

(a) has failed adequately to consult the complainant, before and in the course of exercising those powers, about the manner in which they are exercised; or

(b) by acting unreasonably in the manner of its exercise of those powers, has caused the complainant to sustain loss or damage or to be subjected to inconvenience,

the Director may direct the undertaker to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience.

(5) The Director shall not under subsection (4) above direct a water undertaker or sewerage undertaker to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to him appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.

(6) For the purposes of this section it shall be the duty of every company holding an appointment under Chapter I of Part II of this Act as a water undertaker or sewerage undertaker—

(a) as soon as reasonably practicable after its appointment takes effect, to submit to the Secretary of State for his approval a code of practice with respect to its exercise of any powers conferred by or by virtue of paragraph 4 of Schedule 19 to this Act; and

(b) if required to do so by the Secretary of State at any subsequent time, to submit proposed modifications of that code to the Secretary of State for his approval.

(7) The Secretary of State, if he considers it appropriate to do so for the purpose of promoting what appear to him to be desirable practices with respect to the exercise by any company holding an appointment under Chapter I of Part II of this Act as a water undertaker or sewerage undertaker of any powers conferred by or by virtue of paragraph 4 of Schedule 19 to this Act, may at any time by order made by statutory instrument, in relation to that company—

(a) approve any code of practice with respect to the exercise of those powers which has been submitted to him (whether or not under subsection (6) above) by that company for his approval;

(b) approve any modifications of such a code which have been so submitted; or

(c) withdraw his approval for any such code or modification.

(8) A contravention of a code of practice as for the time being approved under this section in relation to a company shall not affect the powers conferred on that company as a water undertaker or sewerage undertaker by Schedule 19 to this Act or of itself entitle any person to be paid any amount under subsection (4) above or give rise to any criminal or civil liability, but the Director shall take into account whether there has been any such contravention in determining whether to give a direction under that subsection to that company and in determining the amount to which any such direction relates.

(9) Except in the case of an order made before the transfer date or at any time in the period of three months beginning with that date, the Secretary of State shall not make an order under subsection (7) above unless he has first consulted all such persons as he considers it appropriate to consult.

(10) The duties of a water undertaker or sewerage undertaker under subsections (3)(a) and (6) above shall be enforceable under section 20 above—

(a) in the case of the duty subsection (3)(a) above, by the Director; and

(b) in the case of the duty under subsection (6) above, by the Secretary of State;

and any person to whom any amount is required, in pursuance of direction under subsection (4) above, to be paid by a water undertaker or sewerage undertaker shall be entitled to recover that amount from that undertaker by virtue of this section.

(11) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (4) above.

163 Saving for planning controls

Without prejudice to the operation of section 40 of the [1971 c. 78.] Town and Country Planning Act 1971 (planning permission deemed to be granted in certain cases) in relation to any provision made by or under this Act or any other enactment which by virtue of this Act relates to the functions of the Authority or of any water undertaker or sewerage undertaker, nothing in this Act or in any such enactment shall be construed as authorising the carrying out of any development (within the meaning of the said Act of 1971) without the grant of such planning permission as may be required by that Act.

164 Application of certain powers etc. to local authorities

(1) For the purposes of the taking of any steps falling to be taken by a local authority by virtue of a designation under subsection (3)(a) of section 57 above the provisions of this Part shall have effect—

(a) as if the powers conferred by Schedule 19 to this Act and section 154 above on a water undertaker for the purpose of carrying out its functions were also conferred on a local authority for the purpose of ensuring that a supply of water provided by means of a private supply to any premises in the authority’s area is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic purposes;

(b) as if any such power, so far as it is conferred on a water undertaker in relation to things belonging to or operated or used by the undertaker for the purposes of its functions, were conferred by virtue of paragraph (a) above on a local authority in relation to things belonging to or operated or used by that authority, or a relevant person, in connection with the provision of water by means of a private supply;

(c) as if references to a water undertaker in any provision of this Part of this Act relating to a power which is exercisable by a local authority by virtue of the preceding provisions of this subsection, except the references in section 162 above, included references to a local authority; and

(d) as if the making by any person in pursuance of a notice under section 57 above of any payment in respect of sums incurred in the laying of any pipe entitled that person, for the purposes of section 153(2) above, to an interest in the pipe.

(2) Where by virtue of this Act a local authority have power under Part VII of the [1972 c. 70.] Local Government Act 1972 (miscellaneous powers of a local authority) to acquire (whether compulsorily or otherwise) any land or right over land for the purpose of ensuring that private supplies of water to premises in their area are both wholesome and (so far as houses on those premises are concerned) sufficient for domestic purposes, that power shall include power to acquire land or rights over land in order, for that purpose, to dispose of the land or rights to a person who is a relevant person in relation to such a private supply.

(3) In this section—

• “private supply” and “wholesome” have the same meanings as in Chapter II of Part II of this Act; and

• “relevant person”, in relation to a private supply, means a person who is a relevant person in relation to that supply for the purposes of section 57 above.

Records of underground works

165 Maps of water mains etc

(1) Subject to subsections (4) and (5) below, it shall be the duty of the Authority and of every water undertaker to keep records of the location of—

(a) every resource main, water main or discharge pipe which is for the time being vested in the Authority or, as the case may be, that undertaker; and

(b) any other underground works, other than a service pipe, which are for the time being vested in the Authority or, as the case may be, that undertaker.

(2) It shall be the duty of the Authority and of every water undertaker to secure that the contents of any records for the time being kept by it under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the Authority or, as the case may be, of the undertaker.

(3) Any information which is required under this section to be made available by the Authority or a water undertaker for inspection by the public shall be so made available in the form of a map.

(4) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(5) Nothing in this section shall require the Authority or a water undertaker, at any time within the period of ten years beginning with the transfer date, to keep records of—

(a) any pipe which was laid before that date; or

(b) any underground works which were completed before that date,

unless those particulars were shown, immediately before that date, on a map kept by a water authority or statutory water company under section 12 of Schedule 3 to the 1945 Act (maps of underground works).

(6) The reference in subsection (5) above to section 12 of Schedule 3 to the 1945 Act shall have effect, without prejudice to section 20(2) of the [1978 c. 30.] Interpretation Act 1978 (references to enactments to include references to enactments as amended, extended or applied), as including a reference to that section as applied, with or without modifications, by any local statutory provision.

(7) The duties of a water undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

(8) In this section “resource main” and “discharge pipe” have the same meanings as in paragraph 1 of Schedule 19 to this Act.

166 Sewer maps

(1) Subject to subsections (6) and (7) below, it shall be the duty of every sewerage undertaker to keep records of the location and other relevant particulars—

(a) of every public sewer or disposal main which is vested in the undertaker;

(b) of every sewer in relation to which a declaration of vesting has been made, or is treated as having been made, by the undertaker under section 17 of the 1936 Act but has not taken effect; and

(c) of every drain or sewer to which an agreement to make such a declaration relates, being an agreement entered into, or treated as entered into, by the undertaker under section 18 of that Act.

(2) For the purposes of this section the relevant particulars of a drain, sewer or disposal main are (in addition to its location) particulars—

(a) of whether it is a drain, sewer or disposal main and of the descriptions of effluent for the conveyance of which it is or is to be used; and

(b) of whether it is vested in the undertaker or, if it is not, of whether it is a sewer in relation to which a declaration has been made under section 17 of the 1936 Act or a drain or sewer to which an agreement under section 18 of that Act relates;

and the records kept by a sewerage undertaker under this section shall be kept separately in relation to the area of each local authority within whose area there is any drain, sewer or disposal main of which that undertaker is required to keep records.

(3) It shall be the duty of every sewerage undertaker—

(a) so to provide local authorities, free of charge, with copies of the contents of records kept under this section, and with copies of any modifications of those records, as to ensure that every local authority to whose area any of those records relate are at all times informed of the contents for the time being of the records relating to their area; and

(b) to secure that the contents of all the records for the time being kept by the undertaker under this section are available, at all reasonable times, for inspection by the public free of charge at an office of the undertaker.

(4) A local authority shall secure that so much of any information provided to them by virtue of subsection (3)(a) above as consists in the contents for the time being of records kept by a sewerage undertaker under this section is available, at all reasonable times, for inspection by the public free of charge at an office of the authority.

(5) Any information which is required under this section to be provided to a local authority or to be made available by a sewerage undertaker or local authority for inspection by the public shall be so provided or made available in the form of a map.

(6) For the purpose of determining whether any failure to make a modification of any records kept under this section constitutes a breach of the duty imposed by subsection (1) above, that duty shall be taken to require any modification of the records to be made as soon as reasonably practicable after the completion of the works which make the modification necessary; and, where records kept under this section are modified, the date of the modification and of the completion of the works making the modification necessary shall be incorporated in the records.

(7) Nothing in this section shall require a sewerage undertaker—

(a) to keep records of any particulars of a drain, sewer or disposal main laid before the transfer date if—

(i) the undertaker does not know of or have reasonable grounds for suspecting the existence of the drain, sewer or disposal main; or

(ii) it is not reasonably practicable for the undertaker to discover the course of the drain, sewer or disposal main and it has not done so;

or

(b) at any time within the period of ten years beginning with the transfer date, to keep records of any particulars of any other drain, sewer or disposal main laid before that date unless—

(i) those particulars were shown, immediately before that date, on a map kept by a local authority under section 32 of the 1936 Act (sewer maps); or

(ii) it is a drain or sewer in relation to which a declaration of vesting, or an agreement to make such a declaration, has been made under section 17 or 18 of the 1936 Act since the beginning of that period.

(8) The duties of a sewerage undertaker under this section shall be enforceable under section 20 above by the Secretary of State.

(9) In this section—

• “the 1936 Act” means the [1936 c. 49.] Public Health Act 1936;

• “disposal main” has the same meaning as in paragraph 1 of Schedule 19 to this Act;

• “local authority”, in relation to the Inner Temple and the Middle Temple, includes, respectively, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

Offence of interference with works etc.

167 Offence of interference with works etc

(1) Subject to subsection (2) below, if any person without the consent of the Authority or water undertaker—

(a) intentionally or recklessly interferes with any resource main, water main or other pipe vested in the Authority or any water undertaker or with any structure, installation or apparatus belonging to the Authority or any water undertaker; or

(b) by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person shall not be guilty of an offence under subsection (1) above—

(a) by reason of anything done in an emergency to prevent loss or damage to persons or property; or

(b) by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises if—

(i) he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and

(ii) in the case of opening a stopcock, the stopcock was closed otherwise than by the undertaker.

(3) Any person who without the consent of the Authority or water undertaker—

(a) attaches any pipe or apparatus—

(i) to any resource main, water main or other pipe vested in the Authority or a water undertaker; or

(ii) to any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;

(b) makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

(c) subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this section,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in that subsection.

(5) An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the Authority or, as the case may be, the water undertaker in question; and any such breach of duty which causes the Authority or that undertaker to sustain loss or damage shall be actionable at the suit of the Authority or that undertaker.

(6) The amount recoverable by virtue of subsection (5) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.

(7) In this section—

• “consumer” has the same meaning as in Chapter II of Part II of this Act; and

• “resource main” has the same meaning as in paragraph 1 of Schedule 19 to this Act;

and the references in subsection (1) above to apparatus belonging to a water undertaker do not include references to any meter (within the meaning of Schedule 10 to this Act) which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have (within the meaning of that Schedule) been fixed by the undertaker by reference to volume.