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Paragraph 77 InterpretationI1

England and Wales

In this Part of this Schedule—

  • “alternative apparatus” means alternative apparatus adequate to enable TWUL to fulfil its statutory functions in a manner no less efficient and effective than previously;

  • “apparatus” means—

    1. (a)

      any sewer, drain or disposal works vested in TWUL under the Water Industry Act 1991f1; and

    2. (b)

      any sewer, drain or disposal works which are the subject of a notice of intention to adopt given under section 102(4)f2 (adoption of sewers and disposal of works) of that Act or an agreement to adopt made under section 104f3 (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act,

    and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps, inspection chambers or other accessories (as defined in section 219(1) (general interpretation) of that Act) forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

  • “functions” includes powers and duties;

  • “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

  • “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed.

Annotations

Commencement

I1

Sch. 9 para. 77 in force at 12.10.2025, see art. 1

Footnotes

f1

1991 c. 56.

f2

Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).

f3

Section 104 was amended by section 96(4) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(2) of the Water Act 2014.