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Water Industry Act 1991

Status:

This is the original version (as it was originally enacted).

Chapter IISupply Duties

Major supplies

40Bulk supplies

(1)Where, on the application of a water undertaker—

(a)it appears to the Director that it is necessary or expedient for the purposes of this Part that another water undertaker should give a supply of water in bulk to the applicant; and

(b)he is satisfied that the giving and taking of such a supply cannot be secured by agreement,

the Director may by order require the undertakers to give and to take such a supply for such period and on such terms and conditions as may be provided in the order.

(2)An order under this section shall have effect as an agreement between the water undertakers in question but may be varied or revoked by a subsequent order made by the Director on the application of either of those undertakers, as well as by agreement between the undertakers.

(3)The Director shall not make an order under this section which he considers affects the carrying out by the NRA of any of its functions unless he has first consulted the NRA.

(4)In determining what provision to make by an order under this section in respect of the giving of any supply by a water undertaker the Director shall have regard to the desirability of the undertaker’s recovering the expenses of complying with its obligations under this section and of securing a reasonable return on its capital.

41Duty to comply with water main requisition

(1)It shall be the duty of a water undertaker (in accordance with section 44 below) to provide a water main to be used for providing such supplies of water to premises in a particular locality in its area as (so far as those premises are concerned) are sufficient for domestic purposes, if–

(a)the undertaker is required to provide the main by a notice served on the undertaker by one or more of the persons who under subsection (2) below are entitled to require the provision of the main for that locality;

(b)the premises in that locality to which those supplies would be provided by means of that main are—

(i)premises consisting in buildings or parts of buildings; or

(ii)premises which will so consist when proposals made by any person for the erection of buildings or parts of buildings are carried out;

and

(c)the conditions specified in section 42 below are satisfied in relation to that requirement.

(2)Each of the following persons shall be entitled to require the provision of a water main for any locality, that is to say—

(a)the owner of any premises in that locality;

(b)the occupier of any premises in that locality;

(c)any local authority within whose area the whole or any part of that locality is situated;

(d)where the whole or any part of that locality is situated in a new town, within the meaning of the [1981 c. 64.] New Towns Act 1981—

(i)the Commission for the New Towns; and

(ii)the Development Board for Rural Wales or the development corporation for the new town, according to whether or not the new town is situated within the area for which that Board is for the time being responsible;

and

(e)where the whole or any part of that locality is situated within an area designated as an urban development area under Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980, the urban development corporation.

(3)The duty of a water undertaker under this section to provide a water main shall be owed to the person who requires the provision of the main or, as the case may be, to each of the persons who joins in doing so.

(4)Where a duty is owed by virtue of subsection (3) 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.

(5)In this section “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.

42Financial conditions of compliance

(1)The conditions mentioned in section 41(1)(c) above 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 subsection (2) below 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 subsection (3) below, may be required to secure his undertakings.

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

(a)bind the person or persons mentioned in that subsection to pay to the undertaker, in respect of each of the twelve years following the provision of the main, an amount not exceeding the relevant deficit (if any) for that year on that main; and

(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 subsection (1)(b) above 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 section 41(2)(a) or (b) above 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 subsection (1)(b) above 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 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.

(5)An approval or determination given or made by the Director for the purposes of subsection (4) above—

(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 section; or

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

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

(7)In this section “relevant deficit” has the meaning given by section 43 below.

43Calculation of “relevant deficit” for the purposes of section 42

(1)For the purposes of section 42 above the relevant deficit for any year on a water main is the amount (if any) by which the water charges payable for the use during that year of that main are exceeded by the annual borrowing costs of a loan of the amount required for the provision of that main.

(2)The annual borrowing costs of a loan of the amount required for the provision of a water main is the aggregate amount which would fall to be paid in any year by way of payments of interest and repayments of capital if an amount equal to so much of the costs reasonably incurred in providing that main as were not incurred in the provision of additional capacity had been borrowed, by the water undertaker providing the main, on terms—

(a)requiring interest to be paid and capital to be repaid in twelve equal annual instalments; and

(b)providing for the amount of the interest to be calculated at such rate, and in accordance with such other provision, as may have been determined for the purposes of this subsection.

(3)A determination for the purposes of subsection (2) above shall be made either—

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

(b)in default of such a determination, by the Director.

(4)For the purposes of this section the costs reasonably incurred in providing a water main (“the new main”) shall include—

(a)the costs reasonably incurred in providing such other water mains and such tanks, service reservoirs and pumping stations as it is necessary to provide in consequence of the provision of the new main; and

(b)such proportion (if any) as is reasonable of the costs reasonably incurred in providing any such additional capacity in an earlier main as falls to be used in consequence of the provision of the new main.

(5)In subsection (4) above the reference to an earlier main, in relation to the new main, is a reference to any water main which—

(a)has been provided in the period of twelve years immediately before the provision of the new main; and

(b)was so provided in pursuance of a water main requisition.

(6)Any reference in this section to the provision of additional capacity in a water main provided in pursuance of a requirement under any enactment is a reference to such works carried out or other things done in connection with the provision of that main as are carried out or done for the purpose of enabling that main to be used for purposes in addition to those for which it is necessary to provide the main in order to comply with the requirement.

(7)Any reference in this section to the water charges payable for the use during any year of any main provided by a water undertaker is a reference to so much of the aggregate of any charges payable to the water undertaker in respect of services provided in the course of that year as represents charges which—

(a)have been imposed by the undertaker in relation to premises which are connected with that main; and

(b)are reasonably attributable to the provision of a supply of water (whether or not for domestic purposes) to those premises by means of that main.

(8)An approval or determination given or made by the Director for the purposes of subsection (2) above—

(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 except in relation to a water main that has already been provided.

(9)In this section “water main requisition” means—

(a)a requirement under section 41 above (including, by virtue of paragraph 1 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991, a requirement under section 40 of the [1989 c. 15.] Water Act 1989);

(b)a requirement under the provisions of section 36 or 37 of the [1945 c. 42.] Water Act 1945 or of section 29 of Schedule 3 to that Act (water main requisitions); or

(c)a requirement under any local statutory provision corresponding to section 41 above or to any of those provisions of that Act of 1945.

44Determination of completion date and route for requisitioned main

(1)A water undertaker shall not be in breach of a duty imposed by section 41 above in relation to any locality unless–

(a)the period of three months beginning with the relevant day has expired; and

(b)the water undertaker has not, before the end of that period, so laid the water main to be provided as to enable service pipes to premises in that locality to connect with the main at the places determined under subsection (3) below.

(2)The period mentioned in subsection (1)(a) above may be extended in any case—

(a)by agreement between the water undertaker and the person or persons who required the provision of the main; or

(b)where there is a dispute as to whether the period should be extended, by an arbitrator on a reference under subsection (4) below.

(3)The places mentioned in subsection (1)(b) above shall be—

(a)such places as are determined by agreement between the water undertaker and the person or persons who required the provision of the water main; or

(b)in default of agreement, such places as are determined by an arbitrator, on a reference under subsection (4) below, to be the places at which it is reasonable, in all the circumstances, for service pipes to premises in the locality in question to connect with the water main.

(4)A reference for the purposes of subsection (2) or (3) above shall be to a single arbitrator appointed—

(a)by agreement between the undertaker and the person or persons who required the provision of the water main; or

(b)in default of agreement, by the President of the Institution of Civil Engineers.

(5)In this section “relevant day”, in relation to a requirement to provide a water main for any locality, means the day after whichever is the later of the following, that is to say—

(a)the day on which the conditions specified in section 42 above are satisfied in relation to the requirement; and

(b)the day on which the places where service pipes to premises in that locality will connect with the main are determined under subsection (3) above.

Domestic connections

45Duty to make connections with main

(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 in the undertaker’s area 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.

(2)Where a notice has been served for the purposes of this section, the duty imposed by subsection (1) above shall be a duty, at the expense of the person serving the notice, 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.

(6)Where a water undertaker carries out any works which it is its duty under this section to carry out at another person’s expense, the undertaker shall be entitled to recover from that person an amount equal to the expenses reasonably incurred by the undertaker in carrying out the works.

(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.

46Duty to carry out ancillary works for the purpose of making domestic connection

(1)Where a water undertaker is required to make a connection in pursuance of any connection notice, it shall also be the duty of the undertaker, at the expense of the person serving the notice, to carry out such of the works to which this section applies as need to be carried out before the connection can be made.

(2)This section applies to the laying of so much of the service pipe to be connected with the water main as it is necessary, for the purpose of making that connection, to lay in a street.

(3)In a case where—

(a)the water main with which the service pipe is to be connected is situated in a street;

(b)the premises consisting in the building or part of a building in question together with any land occupied with it abut on the part of the street where the main is situated; and

(c)the service pipe to those premises will—

(i)enter the premises otherwise than through an outer wall of a building abutting on the street; and

(ii)have a stopcock fitted to it by the undertaker in the premises,

this section applies to the laying of so much of the service pipe as it is necessary, for the purpose of making the required connection, to lay in land between the boundary of the street and that stopcock.

(4)In a case where the connection notice is served in compliance with a requirement imposed by a notice by a local authority under section 80 below, this section applies to the laying of so much of the service pipe to be connected with a water main in pursuance of the connection notice as it is necessary, for the purpose of making the connection, to lay in land owned or occupied by a person who is certified by that authority—

(a)to have unreasonably refused his consent to the laying of the service pipe; or

(b)to have sought to make the giving of his consent subject to unreasonable conditions.

(5)Where a water main is alongside a street and within eighteen metres of the middle of that street, subsections (2) to (4) above shall have effect in relation to the laying, for the purpose of making a connection with that main, of a service pipe to any premises as if the street included so much of the land between the main and the boundary of the street as is not comprised in those premises or in any land occupied with those premises.

(6)It shall be the duty of any water undertaker making a connection in pursuance of a connection notice to ensure that a stopcock belonging to the undertaker is fitted to the service pipe which is connected.

(7)Subsections (4) to (6) of section 45 above shall have effect–

(a)in relation to any duties which, by virtue of a connection notice, are imposed on a water undertaker by this section; and

(b)in relation to any works which, by virtue of the service of such a notice, such an undertaker carries out under this section at another person’s expense,

as they have effect by virtue of that notice in relation to the duty which arises under that section or, as the case may be, to works which the undertaker carries out under that section at another person’s expense.

(8)Subject to subsection (9) below, a water undertaker may comply with any duty under this section to lay a service pipe by laying a water main instead; but nothing in section 45 above or this section shall impose any duty on a water undertaker to lay a water main where it has no power to lay a service pipe.

(9)Where a water undertaker exercises its power under subsection (8) above to lay a water main instead of a service pipe—

(a)paragraph (a) of section 51(1) below shall have effect as if any additional time reasonably required by reason of the laying of the main instead of the service pipe were included in the time allowed by that paragraph for the laying of the service pipe; but

(b)the expenses recoverable by virtue of section 45(6) and subsection (7) above shall not exceed such amount as it would have been reasonable for the undertaker to have incurred in laying a service pipe instead of the main.

47Conditions of connection with water main

(1)Subject to subsection (3) and sections 48 to 50 below, where the owner or occupier of any premises (“the relevant premises”) serves a connection notice on a water undertaker, the undertaker may make compliance with one or more of the requirements specified in subsection (2) below a condition of its complying with the duties to which it is subject by virtue of that notice.

(2)The requirements mentioned in subsection (1) above are—

(a)a requirement that such security as the undertaker may reasonably require has been provided for the discharge of any obligations imposed by virtue of section 45(6) or 46(7)(b) above on the person who served the connection notice;

(b)a requirement, in a case where the connection required by the connection notice is necessary as a consequence of a disconnection made by reason of any person’s failure to pay any charges, that the person serving the connection notice has paid any amount owed by him to the undertaker—

(i)in respect of a supply of water to the relevant premises; or

(ii)in respect of expenses incurred in the making of the disconnection;

(c)a requirement that a meter for use in determining the amount of any charges which have been or may be fixed in relation to the relevant premises by reference to volume has been installed and connected either—

(i)by the undertaker; or

(ii)in accordance with specifications approved by the undertaker;

(d)a requirement that—

(i)so much of the service pipe to the relevant premises as does not belong to, or fall to be laid by, the undertaker; and

(ii)the plumbing of the premises,

comply with specifications approved by the undertaker for the purpose of ensuring that it will be reasonably practicable for such a meter as is mentioned in paragraph (c) above to be installed and connected as so mentioned;

(e)a requirement that a separate service pipe has been provided—

(i)to each house or building on the relevant premises; or

(ii)where different parts of a building on the relevant premises are separately occupied, to each of those parts or to any of them;

(f)a requirement, in relation to the relevant premises—

(i)that such a requirement as may be imposed under section 66 below has been complied with; or

(ii)in a case where such a requirement could be imposed but for there already being such a cistern as is mentioned in that section, that the cistern and its float-operated valve are in good repair;

(g)a requirement that there is no contravention in relation to the water fittings used or to be used in connection with—

(i)the supply of water to the relevant premises; or

(ii)the use of water in those premises,

of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this paragraph; and

(h)a requirement that every such step has been taken as has been specified in any notice served on any person under section 75 below in relation to the relevant premises.

(3)A condition shall not be imposed by a water undertaker under this section on a person who has served a connection notice except by a counter-notice served on that person before the end of the period of fourteen days beginning with the day after the service of the connection notice.

(4)This section shall be without prejudice to the provisions of sections 233 and 372 of the [1986 c. 45.] Insolvency Act 1986 (conditions of supply after insolvency).

48Interest on sums deposited in pursuance of the deposit condition

(1)Where for the purposes of subsection (2)(a) of section 47 above 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 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.

(2)An approval or determination by the Director for the purposes of this section—

(a)may be given or made in relation to a particular case or description of cases or generally; and

(b)may be revoked at any time.

49Supplemental provisions with respect to the metering conditions

(1)The power conferred on a water undertaker to impose conditions under section 47 above for the purposes of metering—

(a)shall be exercisable in relation to any premises even if the undertaker has no immediate intention, when the power is exercised, of fixing charges in relation to those premises by reference to volume; but

(b)shall not be exercisable so as to require the alteration or removal of any pipe laid or plumbing installed before 1st April 1989.

(2)Specifications approved by any water undertaker for the purposes of subsection (2)(c) or (d) of section 47 above may be approved—

(a)in relation to particular premises; or

(b)by being published in such manner as the undertaker considers appropriate, in relation to premises generally or to any description of premises.

(3)Any dispute between a water undertaker and any other person as to the terms of any condition imposed under section 47 above for the purposes of metering shall be referred to the arbitration of a single arbitrator appointed—

(a)by agreement between the undertaker and that person; or

(b)in default of agreement, by the Secretary of State.

(4)References in this section to the imposition of a condition under section 47 above for the purposes of metering are references to the imposition of conditions by virtue of subsection (2)(c) or (d) of that section.

50Restriction on imposition of condition requiring separate service pipes

(1)This section applies where the effect of a connection notice served in respect of any house is to require a service pipe to that house to be connected with a water main with which it has previously been connected.

(2)Where this section applies, the water undertaker on which the connection notice is served shall not be entitled to make the reconnection subject to any such condition as, apart from this section, may be imposed by virtue of section 47(2)(e) above unless the undertaker would have been entitled under section 64 below to require the provision of a separate service pipe if the reconnection had already been made.

51Time for performance of connection etc. duties

(1)A water undertaker shall not be in breach of a duty imposed by virtue of the service of a connection notice unless—

(a)in the case of a duty to lay any service pipe or to connect any service pipe to which such a duty relates, it has failed to lay that pipe or to make that connection as soon as reasonably practicable after the relevant day;

(b)in the case of a duty to connect a service pipe the whole of which has already been laid when the notice is served on the undertaker, it has failed to make the connection before the end of the period of fourteen days beginning with the relevant day.

(2)In any case in which a water undertaker is subject to any such duty as is mentioned in subsection (1)(a) above, it shall be presumed, unless the contrary is shown in relation to that case, that the period of twenty-one days beginning with the relevant day is the period within which it is reasonably practicable for a water undertaker—

(a)to lay so much of any service pipe; and

(b)to fit such stopcock,

as it is necessary to lay or fit in that case for connecting a water main in a street with a service pipe at the boundary of any premises which abut on the part of the street where the main is situated.

(3)Where—

(a)a connection notice is served in respect of any premises; and

(b)at the time when the notice is served, the customer’s part of the service pipe to those premises has not been laid,

the duties of the undertaker under sections 45 and 46 above shall not arise by virtue of that notice until the person serving the notice, having obtained the necessary consents from the owners and occupiers of any affected land, has, at his own expense, laid so much of the service pipe as it is necessary, for the purpose of making the connection, to lay otherwise than in a street or in land mentioned in subsections (3) to (5) of section 46 above.

(4)In subsection (3) above the reference to the customer’s part of the service pipe to any premises is a reference to so much of the service pipe to those premises as falls to be laid otherwise than by the water undertaker in pursuance of section 46 above.

(5)Where—

(a)a person who has served a connection notice on a water undertaker has failed to comply with his obligation under section 45(3)(a) above to supplement that notice with information required by the undertaker; and

(b)that requirement was made by the undertaker at such a time before the end of the period within which the undertaker is required to comply with the duties imposed by virtue of the notice as gave that person a reasonable opportunity to provide the required information within that period,

the undertaker may delay its compliance with those duties until a reasonable time after the required information is provided.

(6)In this section “the relevant day”, in relation to a duty imposed on a water undertaker by virtue of a connection notice, means the day after whichever is the latest of the following days, that is to say–

(a)the day on which the notice was served on the undertaker;

(b)in a case where it is necessary for the person serving the notice to lay any service pipe after serving the notice, the day on which a notice stating that the pipe has been laid is served on the undertaker;

(c)the day on which all such conditions are satisfied as the undertaker has, under sections 47 to 50 above, made conditions of its compliance with that duty.

Domestic supplies

52The domestic supply duty

(1)The domestic supply duty of a water undertaker in relation to any premises is a duty, until there is an interruption of that duty—

(a)to provide to those premises such a supply of water as (so far as those premises are concerned) is sufficient for domestic purposes; and

(b)to maintain the connection between the undertaker’s water main and the service pipe by which that supply is provided to those premises.

(2)Subject to the following provisions of this section and to section 53 below, a water undertaker shall owe a domestic supply duty in relation to any premises to which this section applies and which are situated in the area of the undertaker if—

(a)a demand for a supply of water for domestic purposes has been made, in accordance with subsection (5) below, to the undertaker in respect of those premises; or

(b)those premises are premises to which this section applies by reason of a supply of water provided before 1st September 1989,

and there has been no interruption of the domestic supply duty in relation to those premises since that demand was made or, as the case may be, since the beginning of 1st September 1989.

(3)This section applies to any premises if—

(a)they consist in the whole or any part of a building and are connected by means of a service pipe to a water main; and

(b)the requirements of subsection (4) below are satisfied in relation to those premises.

(4)The requirements of this subsection are satisfied in relation to any premises if—

(a)the pipe by means of which the premises are connected to the water main in question was first connected with that main in pursuance of a connection notice served in respect of those premises;

(b)that pipe was the means by which a supply of water from that main was being supplied to those premises for domestic purposes immediately before 1st September 1989;

(c)the condition specified in paragraph (b) above would be satisfied in relation to the premises if any service pipe to those premises had not been temporarily disconnected for the purposes of any necessary works which were being carried out immediately before 1st September 1989; or

(d)the condition specified in any of the preceding paragraphs—

(i)has been satisfied in relation to the premises at any time on or after 1st September 1989; and

(ii)would continue to be satisfied in relation to the premises had not the whole or any part of a service pipe to those premises, or the main with which such a pipe had been connected, been renewed (on one or more previous occasions).

(5)For the purposes of this section a demand in respect of any premises is made in accordance with this subsection if it is made—

(a)by the person who is the occupier of the premises at the time when the demand is made; or

(b)by a person who is the owner of the premises at that time and agrees with the undertaker to pay all the undertaker’s charges in respect of the supply demanded.

(6)For the purposes of this section—

(a)there is an interruption of the domestic supply duty owed by a water undertaker in relation to any premises if that supply is cut off by anything done by the undertaker in exercise of any of its disconnection powers, other than a disconnection or cutting off for the purposes of the carrying out of any necessary works; and

(b)a domestic supply duty owed in relation to any premises shall not be treated as interrupted by reason only of a change of the occupier or owner of the premises.

(7)Nothing in this section shall impose any duty on a water undertaker—

(a)to provide a supply of water directly from, or maintain any connection with, a water main which is a trunk main or is or is to be used solely for the purpose of supplying water otherwise than for domestic purposes; or

(b)to provide a supply of water to any premises, or maintain the connection between a water main and a service pipe to any premises, during any period during which it is reasonable—

(i)for the supply of water to those premises to be cut off or reduced; or

(ii)for the pipe to be disconnected,

for the purposes of the carrying out of any necessary works.

(8)In this section references to the disconnection powers of a water undertaker are references to the powers conferred on the undertaker by any of sections 60 to 62 and 75 below.

53Conditions of compliance with domestic supply duty

(1)Where a demand for the purposes of section 52(2) above has been made to a water undertaker in respect of any premises (“the relevant premises”), the undertaker may make compliance with one or more of the requirements specified in subsection (2) below a condition of providing his first supply of water in compliance with that demand.

(2)The requirements mentioned in subsection (1) above are—

(a)a requirement, in a case where the demand is made as a consequence of a supply having been cut off by reason of any person’s failure to pay any charges, that the person making the demand has paid any amount owed by him to the undertaker—

(i)in respect of a supply of water to the relevant premises; or

(ii)in respect of expenses incurred in cutting off any such supply;

(b)a requirement, in relation to the relevant premises

(i)that such a requirement as may be imposed under section 66 below has been complied with; or

(ii)in a case where such a requirement could be imposed but for there already being such a cistern as is mentioned in that section, that the cistern and its float-operated valve are in good repair;

(c)a requirement that there is no contravention in relation to the water fittings used or to be used in connection with—

(i)the supply of water to the relevant premises; or

(ii)the use of water in those premises,

of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this subsection; and

(d)a requirement that every such step has been taken as has been specified in any notice served on any person under section 75 below in relation to the relevant premises.

(3)This section shall be without prejudice to the provisions of sections 233 and 372 of the [1986 c. 45.] Insolvency Act 1986 (conditions of supply after insolvency).

54Enforcement of domestic supply duty

(1)A duty imposed on a water undertaker under section 52 above—

(a)to provide a supply of water to any premises; or

(b)to maintain a connection between a water main and a service pipe by which such a supply is provided,

shall be owed to the consumer.

(2)Where a duty is owed by virtue of this section 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.

Other supplies

55Supplies for non-domestic purposes

(1)This section applies where the owner or occupier of any premises in the area of a water undertaker requests the undertaker to provide a supply of water to those premises and—

(a)the premises are premises which do not consist in the whole or any part of a building; or

(b)the requested supply is for purposes other than domestic purposes.

(2)Where this section applies, it shall be the duty of the water undertaker, in accordance with such terms and conditions as may be determined under section 56 below—

(a)to take any such steps as may be so determined in order to enable the undertaker to provide the requested supply; and

(b)having taken any such steps, to provide that supply.

(3)A water undertaker shall not be required by virtue of this section to provide a new supply to any premises, or to take any steps to enable it to provide such a supply, if the provision of that supply or the taking of those steps would—

(a)require the undertaker, in order to meet all its existing obligations to supply water for domestic or other purposes, together with its probable future obligations to supply buildings and parts of buildings with water for domestic purposes, to incur unreasonable expenditure in carrying out works; or

(b)otherwise put at risk the ability of the undertaker to meet any of the existing or probable future obligations mentioned in paragraph (a) above.

(4)A water undertaker shall not be required by virtue of this section to provide a new supply to any premises, or to take any steps to enable it to provide such a supply, if there is a contravention in relation to the water fittings used or to be used in connection with—

(a)the supply of water to those premises; or

(b)the use of water in those premises,

of such of the requirements of regulations under section 74 below as are prescribed for the purposes of this subsection.

(5)Where—

(a)a request has been made by any person to a water undertaker for the purposes of subsection (2) above; and

(b)the steps which the undertaker is required to take by virtue of that request include steps for the purpose of obtaining any necessary authority for, or agreement to, any exercise by the undertaker of any of its powers or the carrying out by the undertaker of any works,

the failure of the undertaker to acquire the necessary authority or agreement shall not affect any liability of that person, under any term or condition in accordance with which those steps are taken, to re-imburse the undertaker in respect of some or all of the expenses incurred by the undertaker in taking those steps.

(6)Nothing in this section shall impose any duty on a water undertaker to provide a supply of water to any premises during any period during which it is reasonable for the supply of water to those premises to be cut off or reduced for the purposes of the carrying out of any necessary works.

(7)The duty of a water undertaker to supply water under this section at the request of any person, and any terms and conditions determined under section 56 below in default of agreement between the undertaker and that person, shall have effect as if contained in such an agreement.

(8)Except so far as otherwise provided by the terms and conditions determined under section 56 below in relation to any supply, the duties of a water undertaker under this section shall have effect subject to the provisions of sections 60 to 63 and 75 below.

56Determinations on requests for non-domestic supplies

(1)Subject to subsection (3) below, any terms or conditions or other matter which falls to be determined for the purposes of a request made by any person to a water undertaker for the purposes of section 55 above shall be determined—

(a)by agreement between that person and the water undertaker; or

(b)in default of agreement, by the Director according to what appears to him to be reasonable.

(2)Subject to subsection (3) below, the Director shall also determine any dispute arising between any person and a water undertaker by virtue of subsection (3) or (4) of section 55 above.

(3)The Director may, instead of himself making a determination under subsection (1) or (2) above, refer any matter submitted to him for determination under that subsection to the arbitration of such person as he may appoint.

(4)For the purposes of any determination under this section by the Director or any person appointed by him it shall be for a water undertaker to show that it should not be required to comply with a request made for the purposes of section 55 above.

(5)The charges in respect of a supply provided in compliance with any request made for the purposes of section 55 above—

(a)shall not be determined by the Director or a person appointed by him, except in so far as, at the time of the request, no provision is in force by virtue of a charges scheme under section 143 below in respect of supplies of the applicable description; and

(b)in so far they do fall to be determined, shall be so determined having regard to the desirability of the undertaker's—

(i)recovering the expenses of complying with its obligations under section 55 above; and

(ii)securing a reasonable return on its capital.

(6)To the extent that subsection (5)(a) above excludes any charges from a determination under this section, those charges shall be fixed from time to time by a charges scheme under section 143 below, but not otherwise.

(7)The determination of any matter under this section shall be without prejudice to the provisions of sections 233 and 372 of the [1986 c. 45.] Insolvency Act 1986 (conditions of supply after insolvency).

57Duty to provide a supply of water etc. for fire-fighting

(1)It shall be the duty of a water undertaker to allow any person to take water for extinguishing fires from any of its water mains or other pipes on which a fire-hydrant is fixed.

(2)Every water undertaker shall, at the request of the fire authority concerned, fix fire-hydrants on its water mains (other than its trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out within the area of the undertaker.

(3)It shall be the duty of every water undertaker to keep every fire-hydrant fixed on any of its water mains or other pipes in good working order and, for that purpose, to replace any such hydrant when necessary.

(4)It shall be the duty of a water undertaker to ensure that a fire authority has been supplied by the undertaker with all such keys as the authority may require for the fire-hydrants fixed on the water mains or other pipes of the undertaker.

(5)Subject to section 58(3) below, the expenses incurred by a water undertaker in complying with its obligations under subsections (2) to (4) above shall be borne by the fire authority concerned.

(6)Nothing in this section shall require a water undertaker to do anything which it is unable to do by reason of the carrying out of any necessary works.

(7)The obligations of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State.

(8)In addition, where a water undertaker is in breach of its obligations under this section, the undertaker shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(9)In any proceedings against any water undertaker for an offence under subsection (8) above it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

(10)In this section “fire authority” has the same meaning as in the [1947 c. 41.] Fire Services Act 1947.

58Specially requested fire-hydrants

(1)A water undertaker shall, at the request of the owner or occupier of any factory or place of business, fix a fire-hydrant, to be used for extinguishing fires and not other purposes, at such place on any suitable water main or other pipe of the undertaker as is as near as conveniently possible to that factory or place of business.

(2)For the purposes of subsection (1) above a water main or other pipe is suitable, in relation to a factory or place of business, if—

(a)it is situated in a street which is in or near to that factory or place of business; and

(b)it is of sufficient dimensions to carry a hydrant and is not a trunk main.

(3)Subsection (5) of section 57 above shall not apply in relation to expenses incurred in compliance, in relation to a specially requested fire-hydrant, with the obligations under subsections (3) and (4) of that section.

(4)Any expenses incurred by a water undertaker—

(a)in complying with its obligations under subsection (1) above; or

(b)in complying, in relation to a specially requested fire-hydrant, with its obligations under section 57(3) or (4) above,

shall be borne by the owner or occupier of the factory or place of business in question, according to whether the person who made the original request for the hydrant did so in his capacity as owner or occupier.

(5)Subsections (6) to (9) of section 57 above shall apply in relation to the obligations of a water undertaker under this section as they apply to the obligations of a water undertaker under that section.

(6)In this section—

  • “factory” has the same meaning as in the [1961 c. 34.] Factories Act 1961; and

  • “specially requested fire-hydrant” means a fire-hydrant which—

    (a)

    is fixed on a water main or other pipe of a water undertaker; and

    (b)

    was fixed on that main or pipe (whether before or after it became such a main or pipe under the [1989 c. 15.] Water Act 1989) in pursuance of a request made by the owner or occupier of a factory or place of business.

59Supplies for other public purposes

(1)A water undertaker shall, at the request of a sewerage undertaker, highway authority or local authority, provide, from such of its pipes as are of an appropriate capacity, a supply of water for cleansing sewers and drains, for cleansing and watering highways or, as the case may be, for supplying any public pumps, baths or wash-houses.

(2)A supply of water provided by a water undertaker under this section shall be provided upon such terms and conditions as may be reasonable.

(3)A water main or other pipe of a water undertaker shall be treated as of an appropriate capacity for the purposes of this section if and only if it has a fire-hydrant fixed on it.

(4)Nothing in this section shall require a water undertaker to do anything which it is unable to do by reason of the carrying out of any necessary works.

(5)The obligations of a water undertaker under this section shall be enforceable under section 18 above by the Director.

Disconnections

60Disconnections for the carrying out of necessary works

(1)Subject to the following provisions of this section, a water undertaker may—

(a)disconnect a service pipe which, for the purposes of providing a supply of water to any premises, is connected with any water main of that undertaker; or

(b)otherwise cut off a supply of water to any premises,

if it is reasonable for the disconnection to be made, or the supply to be cut off, for the purposes of the carrying out of any necessary works.

(2)The power of a water undertaker under this section to cut off a supply of water shall include power to reduce a supply of water.

(3)Except in an emergency or in the case of a reduction which is immaterial, the power of a water undertaker under this section to cut off or reduce a supply shall be exercisable in relation to any premises only after the undertaker has served reasonable notice on the consumer of the proposal for the carrying out of the necessary works.

(4)Where a water undertaker exercises its power under this section to make any disconnection or to cut off or reduce a supply of water to any premises for the purposes of the carrying out of any necessary works, it shall owe a duty to the consumer to secure—

(a)that those works are carried out with reasonable dispatch; and

(b)that any supply of water to those premises for domestic purposes is interrupted for more than twenty-four hours for the purposes of the carrying out of those works only if an emergency supply has been made available (whether or not in pipes) within a reasonable distance of the premises.

(5)Any breach by a water undertaker of the duty owed by virtue of subsection (4) above which causes any person to whom it is owed to sustain loss or damage shall be actionable at the suit of that person.

61Disconnections for non-payment of charges

(1)Subject to the following provisions of this section, a water undertaker may disconnect a service pipe which for the purposes of providing a supply of water to any premises is connected with any water main of that undertaker, or may otherwise cut off a supply of water to any premises, if the occupier of the premises—

(a)is liable (whether in his capacity as occupier or under any agreement with the undertaker) to pay charges due to the undertaker in respect of the supply of water to those premises; and

(b)has failed to do so before the end of the period of seven days beginning with the day after he is served with notice requiring him to do so.

(2)Where—

(a)a water undertaker has served a notice for the purposes of paragraph (b) of subsection (1) above on a person; and

(b)within the period of seven days mentioned in that paragraph, that person serves a counter-notice on the undertaker stating that he disputes his liability to pay the charges in question,

the undertaker shall not in respect of that notice exercise his power by virtue of that subsection in relation to any premises except at a time when that person is the occupier of the premises and those charges are enforceable against that person in a manner specified in subsection (3) below.

(3)For the purposes of subsection (2) above charges are enforceable in a manner specified in this subsection against a person if–

(a)the undertaker is able to enforce a judgment against that person for the payment of the charges; or

(b)that person is in breach of an agreement entered into, since the service of his counter-notice, for the purpose of avoiding or settling proceedings by the undertaker for the recovery of the charges.

(4)A water undertaker which exercises its power under this section to disconnect any pipe or otherwise to cut off any supply of water may recover, from the person in respect of whose liability the power is exercised, any expenses reasonably incurred by the undertaker in making the disconnection or in otherwise cutting off the supply.

(5)Where—

(a)a water undertaker has power under this section to disconnect any pipe to any premises, or otherwise to cut off any supply to any premises; and

(b)a supply of water is provided to those premises and to other premises wholly or partly by the same service pipe,

the undertaker may exercise that power so as to cut off the supply to those other premises if and only if the same person is the occupier of the premises in relation to which the charges are due and of the other premises.

62Disconnections at request of customer

(1)Subject to the following provisions of this section, a water undertaker may—

(a)disconnect a service pipe which for the purposes of providing a supply of water to any premises is connected with any water main of that undertaker; or

(b)otherwise cut off a supply of water to any premises,

if notice specifying the time after which a supply of water to those premises will no longer be required has been served on the undertaker by a consumer and that time has passed.

(2)No person shall be liable to a water undertaker for any expenses incurred by the undertaker in exercising the power conferred on the undertaker by this section.

63General duties of undertakers with respect to disconnections

(1)Where a water undertaker—

(a)disconnects a service pipe to any inhabited house, or otherwise cuts off a supply of water to such a house; and

(b)does so without restoring the supply to that house before the end of the period of twenty-four hours beginning with the time when it is cut off,

the undertaker shall, no later than forty-eight hours after that time, serve notice that it has cut off that supply on the local authority in whose area the house is situated.

(2)A water undertaker which fails, without reasonable excuse, to serve a notice on a local authority as required by subsection (1) above shall be guilty of an offence under this section.

(3)A water undertaker shall be guilty of an offence under this section if—

(a)it disconnects a service pipe to any premises, or otherwise cuts off a supply of water to any premises, in a case in which it has no power to do so under sections 60 to 62 above, section 75 below or any other enactment; or

(b)in disconnecting any such pipe or cutting off any such supply it fails, without reasonable excuse, to comply with any requirement of the provisions in pursuance of which it disconnects the pipe or cuts off the supply.

(4)A water undertaker which is guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Means of supply

64Supply by means of separate service pipes

(1)Subject to the following provisions of this section, a water undertaker may require the provision of a separate service pipe to any premises within its area which—

(a)consist in a house or any other building or part of a building, being, in the case of a part of a building, a part which is separately occupied; and

(b)are already supplied with water by the undertaker but do not have a separate service pipe.

(2)Where the supply of water to two or more houses was provided to those houses before 15th April 1981 wholly or partly by the same service pipe and continues to be so provided, the water undertaker shall not require the provision of separate service pipes to those houses until—

(a)the service pipe, in so far as it belongs to a person other than the undertaker, becomes so defective as to require renewal or is no longer sufficient to meet the requirements of those houses;

(b)a payment in respect of the supply of water to any of those houses remains unpaid after the end of the period for which it is due;

(c)the houses are, by structural alterations to one or more of them, converted into a larger number of houses;

(d)the owner or occupier of any of those houses has interfered with, or allowed another person to interfere with, the existing service pipe and thereby caused the supply of water to any house to be interfered with; or

(e)the undertaker has reasonable grounds for believing that such interference as is mentioned in paragraph (d) above is likely to take place.

(3)If, in the case of any such premises as are described in subsection (1) above, the water undertaker which provides a supply of water to those premises serves notice on the consumer requiring the provision of a separate service pipe and setting out the power of the undertaker under subsection (4) below—

(a)that consumer shall, within three months after the service of the notice, lay so much of the required pipe as the undertaker is not under a duty to lay by virtue of paragraph (b) below;

(b)sections 45 to 51 above shall apply as if that consumer had by a connection notice required the undertaker to connect the separate service pipe to those premises with the undertaker’s water main;

(c)that consumer shall be presumed, without prejudice to his power to make further demands and requests—

(i)in so far as those premises were provided before the service of the notice with a supply of water for domestic purposes, to have made a demand for the purposes of section 52 above that such a supply is provided by means of the separate service pipe; and

(ii)in so far as those premises were provided before the service of the notice with a supply of water for other purposes, to have requested the undertaker to provide the same supply by means of that pipe as was provided before the service of the notice;

and

(d)on providing a supply of water to those premises by means of the separate service pipe, the undertaker may cut off any supply replaced by that supply and may make such disconnections of pipes by which the replaced supply was provided as it thinks fit.

(4)If a person upon whom a notice has been served for the purposes of subsection (3) above fails to comply with the notice, the water undertaker may—

(a)itself carry out the works which that person was required to carry out; and

(b)recover the expenses reasonably incurred by the undertaker in doing so from that person.

(5)Without prejudice—

(a)to the power of a water undertaker by virtue of paragraph (b) of subsection (3) above to impose conditions under section 47 above; or

(b)to the power conferred by virtue of paragraph (d) of that subsection,

any works carried out by a water undertaker by virtue of the provisions of the said paragraph (b) or of subsection (4) above shall be necessary works for the purposes of this Chapter.

65Duties of undertakers as respects constancy and pressure

(1)Subject to the following provisions of this section, it shall be the duty of a water undertaker to cause the water in such of its water mains and other pipes as—

(a)are used for providing supplies of water for domestic purposes; or

(b)have fire-hydrants fixed on them,

to be laid on constantly and at such a pressure as will cause the water to reach to the top of the top-most storey of every building within the undertaker’s area.

(2)Nothing in subsection (1) above shall require a water undertaker to provide a supply of water at a height greater than that to which it will flow by gravitation through its water mains from the service reservoir or tank from which that supply is taken.

(3)For the purposes of this section a water undertaker shall be entitled to choose the service reservoir or tank from which any supply is to be taken.

(4)Nothing in subsection (1) above shall impose any duty on a water undertaker to maintain the constancy or pressure of any supply of water during any period during which it is reasonable for that supply to be cut off or reduced for the purposes of the carrying out of any necessary works.

(5)The Secretary of State may by order modify the application of the preceding provisions of this section in relation to any water undertaker.

(6)The Secretary of State shall not make an order under subsection (5) above except—

(a)in accordance with Schedule 5 to this Act; and

(b)on an application made in accordance with that Schedule by the Director or by the water undertaker in relation to which the order is made.

(7)Subject to subsection (6) above, the power of the Secretary of State to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament

(8)An order under subsection (5) above may—

(a)require the payment of compensation by a water undertaker to persons affected by the order;

(b)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(c)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(9)The obligations of a water undertaker under this section shall be enforceable under section 18 above by the Secretary of State.

(10)In addition, where a water undertaker is in breach of a duty under this section, the undertaker shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(11)In any proceedings against any water undertaker for an offence under subsection (10) above it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

66Requirements by undertaker for maintaining pressure

(1)A water undertaker may require that any premises consisting in—

(a)any building or part of a building the supply of water to which need not, in accordance with provision contained in or made under this Act, be constantly laid on under pressure; or

(b)any relevant house to which water is required to be delivered at a height greater than a point 10.5 metres below the draw-off level of the service reservoir or tank from which a supply of water is being provided by the undertaker to those premises,

shall be provided with a cistern which has a float-operated valve and is fitted on the pipe by means of which water is supplied to those premises.

(2)A water undertaker may, in the case of such a house as is mentioned in paragraph (b) of subsection (1) above, require that a cistern the provision of which is required under that subsection shall be capable of holding sufficient water to provide an adequate supply to the house for a period of twenty-four hours.

(3)If, where a water undertaker provides a supply of water to any premises, the consumer, after having been required to do so by notice served on him by the undertaker, fails before the end of the period specified in the notice—

(a)to provide a cistern in accordance with a requirement under this section; or

(b)to put any such cistern and its float-operated valve into good repair,

the water undertaker may itself provide a cistern, or carry out any repairs necessary to prevent waste of water.

(4)The period specified for the purposes of subsection (3) above in a notice under this section shall be a period of not less than twenty-eight days beginning with the day after the service of the notice.

(5)Where a water undertaker provides a cistern or carries out any repairs under subsection (3) above, it may recover the expenses reasonably incurred by it in doing so from the owner of the premises in question.

(6)In this section—

  • “pre-transfer supplier”, in relation to a house, means the person who was supplying water to that house immediately before 1st September 1989; and

  • “relevant house” means any house other than a house in relation to which the following two conditions are satisfied, that is to say—

    (i)

    the erection of the house was commenced before 1st September 1989; and

    (ii)

    no such requirement as is mentioned in subsection (1) or (2) above could have been imposed in relation to the house under any enactment having effect immediately before that date in relation to the pre-transfer supplier.

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