Modifications etc. (not altering text)
C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
C3Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C4Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C5Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
(1)Subject to the following provisions of this section and to sections 46 and 47 below, it shall be the duty of a water undertaker (in accordance with section 51 below) to make a connection under this section where the owner or occupier of any premises F1. . .which—
(a)consist in the whole or any part of a building; or
(b)are premises on which any person is proposing to erect any building or part of a building,
serves a notice on the undertaker requiring it, for the purpose of providing a supply of water for domestic purposes to that building or part of a building, to connect a service pipe to those premises with one of the undertaker’s water mains.
F2(1ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(1A)In relation to service pipes which do not belong to or fall to be laid by the undertaker—
(a)subsection (1) above is subject to section 51D(1) below; and
(b)any such service pipe which is to vest in the undertaker by virtue of an agreement under section 51A below shall be connected to one of the undertaker’s water mains subject to and in accordance with the terms of that agreement.]
(2)Where a notice has been served for the purposes of this section, the duty imposed by subsection (1) above shall be a dutyF4... to make the connection required by the notice if—
(a)the main with which the service pipe is required to be connected is neither a trunk main nor a water main which is or is to be used solely for the purpose of supplying water otherwise than for domestic purposes; and
(b)such conditions as the undertaker may have imposed under sections 47 to 50 below have been satisfied;
and, subject to section 51 below, that duty shall arise whether or not the service pipe to which the notice relates has been laid when the notice is served.
(3)A notice for the purposes of this section—
(a)shall be accompanied or supplemented by all such information as the undertaker may reasonably require; and
(b)if the notice has effect so that a requirement is imposed on the undertaker by virtue of section 46(4) below, shall set out the matters that have given rise to the imposition of that requirement;
but, subject to section 51(5) below and without prejudice to the effect (if any) of any other contravention of this subsection, a failure to provide information in pursuance of the obligation to supplement such a notice shall not invalidate that notice.
(4)The duty imposed on a water undertaker by this section shall be owed to the person who served the notice by virtue of which the duty arises.
(5)Where a duty is owed by virtue of subsection (4) above to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit of that person; but, in any proceedings brought against a water undertaker in pursuance of this subsection, it shall be a defence for the undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the breach.
[F5(6)Where a water undertaker carries out any works which it is its duty under this section to carry out, the person serving the notice is liable to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules.]
F6[(6A)Any dispute between a water undertaker and any other person [F7as to the payments required to be made] may be referred to the Director for determination under section 30A above by either party to the dispute.]
(7)Nothing in this section or in sections 46 to 51 below shall impose any duty on a water undertaker to connect a service pipe to any premises with a service pipe to any other premises.
(8)In the following provisions of this Chapter a notice served for the purposes of this section is referred to as a connection notice.
Textual Amendments
F1Words in s. 45(1) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 43(1), 56(7), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
F2S. 45(1ZA) omitted (E.) (31.10.2021) by virtue of The Water and Sewerage Undertakers (Exit from Non-household Retail Market) (Consequential Provision) Regulations 2021 (S.I. 2021/1208), regs. 1(2), 2(3)
F3S. 45(1A) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 92(2)(7), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)
F4Words in s. 45(2) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(3)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
F5S. 45(6) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(3)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)
F6S. 45(6A) inserted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 35(2); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II
F7Words in s. 45(6A) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(3)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)