Statutory Instruments
2017 No. 244
Water Industry, England And Wales
The Sewerage Services (Exception from Sewerage System Prohibition) (England) Regulations 2017
Made
28th February 2017
Laid before Parliament
3rd March 2017
Coming into force
1st April 2017
The Secretary of State makes the following Regulations in exercise of the power conferred by section 117P(4) of the Water Industry Act 1991( 1 ).
Citation and commencement
1. These Regulations may be cited as the Sewerage Services (Exception from Sewerage System Prohibition) (England) Regulations 2017 and come into force on 1st April 2017.
Specified circumstances in which prohibition on use of a sewerage system does not apply
2. —(1)Section 117P(1) of the Water Industry Act 1991 (prohibition on unauthorised use of sewerage system) does not apply where—
(a) a sewerage undertaker( 2 ) provides sewerage services to any premises; and
(b) provision of those services—
(i) involves use of the sewerage system of another sewerage undertaker whose area is wholly or mainly in England; and
(ii) is under a main connection agreement or an old main connection agreement.
(2) In this regulation—
“main connection agreement” has the meaning given in section 110A(11) of the Water Industry Act 1991( 3 ); and
“old main connection agreement” has the meaning given in section 9(3)(a) of the Water Act 2014( 4 ).
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th February 2017
1991 c. 56 ; section 117P was inserted by Schedule 4 of the Water Act 2014 (c. 21) .
Schedule 1 to the Interpretation Act 1978 (c. 30) provides that “sewerage undertaker”, in relation to England and Wales, shall be construed in accordance with section 6 of the Water Industry Act 1991 (appointment of relevant undertakers).
Section 110A was substituted by section 9(1) of the Water Act 2014.