C1C2 Part VI UNDERTAKERS ’ POWERS AND WORKS

Annotations:
Modifications etc. (not altering text)
C1

Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)

CHAPTER II PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.

Obstruction of sewerage works etc.

178 Obstruction of sewerage works etc.

1

A person who wilfully obstructs any person acting in the execution of any of the relevant sewerage provisions shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

2

If on a complaint made by the owner of any premises, it appears to a magistrates’ court that the occupier of those premises is preventing the owner of those premises from carrying out any work which he is required to carry out by or under any of the relevant sewerage provisions, the court may order the occupier to permit the carrying out of the work.

3

Sections 300 to 302 of the Public Health Act 1936 (which relate to the determination of questions by courts of summary jurisdiction and to appeals against such determinations) shall apply for the purposes of and in relation to the determination under subsection (2) above of any matter by a magistrates’ court—

a

as they apply for the purposes of or in relation to a determination by such a court under that Act; and

b

in the case of section 302, as if the reference to a decision of a local authority included a reference to a decision of a sewerage undertaker.