Water Industry Act 1991

36 Interpretation of Part II

(1) In this Part—

• “the 1973 Act” means the [1973 c. 41.] Fair Trading Act 1973; and

• “the 1980 Act” means the [1980 c. 21.] Competition Act 1980.

(2) References in this Part to an appointment or variation replacing a company as a relevant undertaker are references to the following, that is to say—

(a) the appointment of a company to be the water undertaker or sewerage undertaker for any area which is or includes the whole or any part of any area for which another company already holds an appointment as water undertaker or, as the case may be, sewerage undertaker; or

(b) a variation by virtue of which the area for which a company holds an appointment under Chapter I of this Part is modified so as to include the whole or any part of an area for which another company already holds an appointment as water undertaker or, as the case may be, sewerage undertaker.

(3) For the purposes of this Part premises in a part of an area are served by a company holding an appointment under Chapter I of this Part—

(a) in relation to an appointment or variation by virtue of which that company would be replaced as the water undertaker for that part of that area, if those premises—

(i) are supplied with water by means of a connection with a distribution main of that company; or

(ii) consist in a building or part of a building which is situated within thirty metres of such a main;

and

(b) in relation to an appointment or variation by virtue of which that company would be replaced as the sewerage undertaker for that part of that area, if those premises—

(i) are drained by means of a relevant sewer; or

(ii) consist in a building or part of a building which is situated within thirty metres of such a sewer, not being a storm-water overflow sewer.

(4) In this section—

• “distribution main” means a water main that is not a trunk main; and

• “relevant sewer”, in relation to any appointment or variation which would replace a company as a sewerage undertaker, means any of the following, that is to say—

  (a)

  a public sewer vested in that company;

  (b)

  a sewer in relation to which that company has made a declaration of vesting under section 102 below which has not yet taken effect;

  (c)

  a drain or sewer in relation to which that company has entered into an agreement under section 104 below.