Water Services Act 2007

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Requirement to connect to waterworks or waste water works.

42.— (1) Where—

(a) a water services authority has provided, arranged for the provision of or taken in charge a waste water works, and

(b) in the opinion of the authority, any premises in the functional area of the authority—

(i) is not drained in a satisfactory manner, or

(ii) constitutes, or is likely to constitute, a risk to human health or the environment, and

(iii) is capable of being served by means of a service connection of a reasonable length to the waste water works,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waste water works.

(2) Where—

(a) a water services authority has provided, arranged for the provision of or taken in charge a waterworks, and

(b) in the opinion of the authority, any premises in the functional area of the authority is—

(i) not provided with a satisfactory supply of water, and

(ii) capable of being served by means of a service connection of a reasonable length to the waterworks,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waterworks.

(3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the water services authority, or under its supervision.

(4) (a) Subsection (1) and (2) shall also apply where a water services authority has authorised or entered into an agreement with another person, or where an authorised provider of water services has entered into such an agreement for the provision of the waterworks or waste water works in question, provided that the agreement of that person to the additional connection is, unless otherwise provided for in any aforementioned agreement, also obtained by the water services authority.

(b) Where paragraph (a) applies, the water services authority may also require the owner of the premises concerned to take a supply of water through a meter or other instrument provided for measuring the supply of water to that premises or to discharge water through a waste water discharge meter in accordance with Part 5 .

(5) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him or her, appeal against the terms of notice to the District Court and a decision from the District Court under this subsection shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(6) Notice of appeal under this section shall be given to the water services authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.

(7) On the hearing of an appeal under this section the District Court may—

(a) confirm the notice unconditionally,

(b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(c) annul the notice.

(8) A notice under this section shall take effect—

(a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

(b) in case an appeal is taken and is not so withdrawn, when the appeal is withdrawn or determined.

(9) (a) Subject to the provisions of this subsection, where a notice under this section has been served on the person who was, when the notice was served on him or her, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the water services authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person commits an offence.

(b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the water services authority may allow for such compliance) ceased to be the owner of the premises, he or she shall, upon complaint duly made by him or her and on giving to the prosecution not less than 3 clear days’ notice of his or her intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.

(c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he or she took all reasonable steps to secure compliance with the notice, he or she shall be acquitted of the offence.

(d) In paragraph (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) by the water services authority, be construed as referring to so much of the works required by that notice as is not so specified.

(e) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of a premises by reason of receiving rent shall, if he or she receives the rent as agent for another person, be regarded as not being such owner.

(10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works.

(11) (a) Where a notice under this section requires the execution of works which include the installation of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the water services authority which served the notice shall itself install, or arrange for the installation of, so much of the pipe as lies within that land and may recover the costs involved from the person to whom the notice is addressed.

(b) For the purpose of installing a pipe under this subsection or subsection (12), a water services authority shall have the powers and duties specified in section 41 and, where appropriate, Part 7 or 8 , and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under those provisions.

(12) Without prejudice to section 92 , where works to facilitate drainage of a premises in accordance with a notice under section 92 (2), or to connect a premises to a waterworks or waste water works require the installation of a pipe passing through another premises which is not owned by or under the control of the owner of the premises to be drained or connected, a water services authority may, on request of the owner of the premises to be drained or connected, itself install or connect, or arrange for the installation or connection of, so much of the pipe or related accessories as lie within that premises, and may recover the costs involved from the owner of the premises to be drained or connected.

(13) Responsibility for the subsequent maintenance and renewal of any pipe installed under the powers provided in subsection (11) or (12) shall lie in the first instance with the person on whose behalf the work is carried out, and his or her successors in title, but a water services authority may, at its absolute discretion, take any such pipe in charge in accordance with section 43 (12).