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Part IXE+W MISCELLANEOUS AND SUPPLEMENTAL

Construction of ActE+W

221 General interpretation.E+W

(1)In this Act, except in so far as the context otherwise requires—

[F35(1A)For the purposes of the definition of “the appropriate agency” in subsection (1), “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]

(2)References in this Act to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.

(3)Any reference in this Act to water contained in underground strata is a reference to water so contained otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata; but for the purposes of this Act water for the time being contained in—

(a)a well, borehole or similar work, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(b)any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata,

shall be treated as water contained in the underground strata into which the well, borehole or work was sunk or, as the case may be, the excavation was made.

(4)Until the coming into force of Part III of the M13New Roads and Street Works Act 1991, the definition of “street” in subsection (1) above shall have effect as if the reference to that Part were a reference to the M14Public Utilities Street Works Act 1950; but nothing in this section shall be taken—

(a)to prejudice the power of the Secretary of State under that Act of 1991 to make an order bringing Part III of that Act into force on different days for different purposes (including the purposes of this section); or

(b)in the period before the coming into force of that Part, to prevent references in this Act to a street, where the street is a highway which passes over a bridge or through a tunnel, from including that bridge or tunnel.

(5)For the purposes of any provision of this Act by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.

(6)References in this Act to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.

(7)For the purposes of this Act—

(a)references in this Act to more than one Minister of the Crown, in relation to anything falling to be done by those Ministers, are references to those Ministers acting jointly; and

(b)any provision of this Act by virtue of which any function of a Minister of the Crown is exercisable concurrently by different Ministers, shall have effect as providing for that function also to be exercisable jointly by any two or more of those Ministers.

(8)Sub-paragraph (1) of paragraph 1 of Schedule 2 to the M15Water Consolidation (Consequential Provisions) Act 1991 has effect (by virtue of sub-paragraph (2)(b) of that paragraph) so that references in this Act to things done under or for the purposes of provisions of this Act, the M16Water Industry Act 1991 or the M17Land Drainage Act 1991 include references to things done, or treated as done, under or for the purposes of the corresponding provisions of the law in force before the commencement of this Act.

(9)Subject to any provision to the contrary which is contained in Schedule 26 to the M18Water Act 1989 or in the M19Water Consolidation (Consequential Provisions) Act 1991, nothing in any local statutory provision passed or made before 1st September 1989 shall be construed as relieving any water undertaker or sewerage undertaker from any liability arising by virtue of this Act in respect of any act or omission occurring on or after that date.

Textual Amendments

F1Words in s. 221(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F2Words in s. 221 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 113 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F3Words in s. 221(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F5Words in s. 221(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 177(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F6Words in s. 221(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 177(5), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F10Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F16Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(8) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F17Words in s. 221(1) repealed (17.3.2004 for E., 1.4.2004 for W.) by Water Act 2003 (c. 37), ss. 69(4), 105(3), Sch. 9 Pt. 3; S.I. 2004/641, art. 2(a)(d); S.I. 2004/910, art. 2(1)(b)

F18Word in s. 221(1) inserted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 13(a)

F19Words in s. 221(1) repealed (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 13(b)

F21Words in s. 221(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 90(a) (with s. 312(1))

F22Words in s. 221(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 90(b) (with s. 312(1))

F24Words in s. 221(1) substituted (1.10.2014) by Water Act 2014 (c. 21), ss. 59(4)(a), 94; S.I. 2014/1823, art. 3

F27Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(9) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F29Words in s. 221(1) substituted (1.10.2014) by Water Act 2014 (c. 21), ss. 59(4)(b), 94; S.I. 2014/1823, art. 3

F31Words in s. 221(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(10)(a)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F32Words in s. 221(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(10)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

F33Words in s. 221(1) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 177(10)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)

Modifications etc. (not altering text)

C2S. 221(1): definition applied (01.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 61(2), 67(2)(6), 76(2).

C3S. 221(3) extended (14.7.2014) by Water Act 2014 (c. 21), ss. 61(10), 94(2)(n)

Marginal Citations