PART IVWATER SUPPLY

CHAPTER IISUPPLY DUTIES

Major supplies

Financial conditions of complianceI177

1

The conditions mentioned in Article 76(1)(c) are satisfied in relation to a requirement for the provision of a water main by a water undertaker if—

a

such undertakings as the undertaker may have reasonably required in accordance with paragraph (2) have been given by the person or persons who have required the provision of the main; and

b

such security as the undertaker may have reasonably required has been provided for the discharge of any obligations imposed by those undertakings on any person who, under paragraph (3) , may be required to secure his undertakings.

2

The undertakings which a water undertaker may require for the purposes of paragraph (1) in respect of any water main are undertakings which—

a

bind the person or persons mentioned in that paragraph to pay to the undertaker the reasonable costs of providing that main, as determined in accordance with the undertaker's charges scheme;

b

in the case of undertakings binding two or more persons, bind them either jointly and severally or with liability to pay apportioned in such manner as they may agree.

3

For the purposes of paragraph (1)(b) a person may be required to secure his undertakings in relation to the provision of a water main if—

a

it was by virtue of Article 76(2)(a) or (b) that he required, or joined in requiring, the provision of the main; and

b

he is not a public authority.

4

Where for the purposes of paragraph (1)(b) any sums have been deposited with a water undertaker by way of security for the discharge of any obligation, the undertaker shall pay interest at such rate as may be determined either—

a

by the undertaker with the approval of the Authority; or

b

in default of a determination under sub-paragraph (a), by the Authority,

on every sum so deposited for every 3 months during which it remains in the hands of the undertaker.

5

An approval or determination given or made by the Authority for the purposes of paragraph (4)—

a

may be given or made in relation to the provision of a particular water main, in relation to the provision of mains of a particular description or in relation to the provision of water mains generally; and

b

may be revoked at any time.

6

Any dispute between a water undertaker and any other person as to—

a

the undertakings or security required by the undertaker for the purposes of this Article; or

b

the amount required to be paid in pursuance of any such undertaking,

may be referred to the Authority for determination under Article 61 by either party to the dispute.