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Water Industry Act 1991
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Changes to legislation:
Water Industry Act 1991, Section 126 is up to date with all changes known to be in force on or before 04 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 3 Ch. 2B inserted by 2014 c. 21 s. 12
- s. 17(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 4(4)(b) (as substituted) by S.I. 2019/1245 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 17A(c) repealed by 2014 c. 21 Sch. 5 para. 4(2(c)
- s. 17A(d) repealed by 2014 c. 21 Sch. 5 para. 4(2)(c)
- s. 17A(2)(ba) and word inserted by 2014 c. 21 Sch. 5 para. 4(2)(b)
- s. 17R(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 4(7)(b) (as substituted) by S.I. 2019/1245 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 17AA(1)(ba)(bb) inserted by 2014 c. 21 Sch. 5 para. 5(2)
- s. 17BA(5A) inserted by 2014 c. 21 Sch. 5 para. 7(3)
- s. 17HA(9)(b)(ia) inserted by 2014 c. 21 Sch. 5 para. 16(2)
- s. 23(2AA) inserted by 2014 c. 21 Sch. 7 para. 35(4)
- s. 23(8)(9) inserted by 2014 c. 21 Sch. 7 para. 35(10)
- s. 39E-39H inserted by 2021 c. 30 s. 78(7)
- s. 87(7C)-(7F) inserted by 2012 c. 7 s. 35(6)
- s. 94A-94E inserted by 2021 c. 30 s. 79
- s. 95ZA(6) inserted by 2014 c. 21 Sch. 5 para. 39(4)
- s. 96ZA(2)-(5) substituted for s. 96ZA(2) by 2014 c. 21 Sch. 5 para. 40
- s. 106B(3A) inserted by 2014 c. 21 Sch. 7 para. 94
- s. 117G(2)(aa) inserted by 2014 c. 21 Sch. 5 para. 41(2)
- s. 117G(4)-(4D) substituted for s. 117(4) by 2014 c. 21 Sch. 5 para. 41(3)
- s. 117G(6)(aa) inserted by 2014 c. 21 Sch. 5 para. 41(4)
- s. 117K(2)(aa) inserted by 2014 c. 21 Sch. 5 para. 42(2)
- s. 117K(5)(5A) substituted for s. 117(5) by 2014 c. 21 Sch. 5 para. 42(3)
- s. 117L(9) inserted by 2014 c. 21 Sch. 5 para. 43(3)
- s. 117N(4)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(2)
- s. 117N(8)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(3)
- s. 117N(11)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(4)
- s. 117O(4)(aa) inserted by 2014 c. 21 Sch. 5 para. 46(2)
- s. 117O(8)(aa) inserted by 2014 c. 21 Sch. 5 para. 46(3)
- s. 117S(7)-(9) inserted by 2014 c. 21 Sch. 5 para. 49
- s. 119(2)(ab) inserted by 2003 c. 37 s. 89(1)(a)
- s. 119(3) inserted by 2003 c. 37 s. 89(1)(b)
- s. 121(1)(ba) inserted by 2003 c. 37 s. 89(2)(a)
- s. 141DA inserted by 2021 c. 30 s. 81
- s. 141DC inserted by 2021 c. 30 s. 83
- s. 177K(7)(aa) inserted by 2014 c. 21 Sch. 5 para. 42(4)
- s. 207D and cross-heading inserted by 2014 c. 21 s. 39
- s. 207D(5) word repealed by 2014 c. 21 Sch. 5 para. 52(a)
- s. 207D(5) words inserted by 2014 c. 21 Sch. 5 para. 52(b)
- s. 213(1ZA) inserted by 2014 c. 21 Sch. 7 para. 119(3)
- s. 213(1ZA) repealed by 2014 c. 21 Sch. 5 para. 53
126 Appeals with respect to variations of consent.E+W
(1)The owner or occupier of any trade premises may—
(a)within two months of the giving to him under subsection (5) of section 124 above of a notice of a direction under that section; or
(b)with the written permission of the Director, at any later time,
appeal to the Director against the direction.
(2)Subject to subsection (3) below, if an appeal against a direction is brought under subsection (1) above before the date specified under section 124(6)(b) above in the notice of the direction, the direction shall not take effect until the appeal is withdrawn or finally disposed of.
(3)In so far as the direction which is the subject of an appeal relates to the making of charges payable by the occupier of any trade premises, it may take effect on any date after the giving of the notice.
(4)On an appeal under subsection (1) above with respect to a direction, the Director shall have power—
(a)to annul the direction given by the sewerage undertaker; and
(b)to substitute for it any other direction, whether more or less favourable to the appellant;
and any direction given by the Director may include provision as to the charges to be made for any period between the giving of the notice by the sewerage undertaker and the determination of the appeal.
(5)A person to whom notice is given in pursuance of section 125(3) above may, in accordance with regulations made by the Secretary of State, appeal to the Director against the notice on the ground that compensation should be paid in consequence of the direction to which the notice relates.
(6)On an appeal under subsection (5) above the Director may direct that section 125 above shall have effect as if the sewerage undertaker in question were not of the opinion to which the notice relates.
(7)Any consent given or conditions imposed by the Director under this section in respect of discharges of trade effluent shall have effect for the purposes of this Chapter as if given or imposed by the sewerage undertaker in question.
(8)The powers of the Director under this section shall be subject to the provisions of sections 133, 135 and 137 below.
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