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Part IVE+W SEWERAGE SERVICES

Modifications etc. (not altering text)

C1Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).

chapter IIE+W PROVISION OF SEWERAGE SERVICES

Communication of drains and private sewers with public sewersE+W

109 Unlawful communications.E+W

(1)Any person who causes a drain or sewer to communicate with a public sewer—

(a)in contravention of any of the provisions of section 106 or 108 above; or

(b)before the end of the period mentioned in subsection (4) of that section 106,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(2)Whether proceedings have or have not been taken by a sewerage undertaker in respect of an offence under this section, such an undertaker may—

(a)close any communication made in contravention of any of the provisions of section 106 or 108 above; and

(b)recover from the offender any expenses reasonably incurred by the undertaker in so doing.

(3)Sections 291, 293 and 294 of the M1Public Health Act 1936 (which provide for the means of, and for limitations on, the recovery of expenses incurred by a local authority) shall apply in relation to the recovery by a sewerage undertaker of any sums under this section as they apply in relation to the recovery of expenses under that Act by a local authority.

Marginal Citations