Section 105 Appeals with respect to adoption.

England and Wales

(1)

An owner of any sewer F1, lateral drain or sewage disposal works may appeal to F2the Authority if—

(a)

he is aggrieved by the proposal of a sewerage undertaker to make a declaration under section 102 above; or

(b)

he is aggrieved by the refusal of a sewerage undertaker to make such a declaration.

F3(2)

F4A person who has entered or wants to enter an agreement under section 104 may appeal to the Authority about any matter concerning the agreement (including whether it is concluded, its terms and its operation).

(3)

The time for the making of an appeal under subsection (1) above by the owner of any sewer F5, lateral drain or sewage disposal works shall be-

(a)

in the case of an appeal by virtue of paragraph (a) of that subsection, any time within two months after notice of the proposal is served on that owner; and

(b)

in the case of an appeal by virtue of paragraph (b) of that subsection, any time after receipt of notice of the undertaker’s refusal or, if no such notice is given, at any time after the end of two months from the making of the application for the declaration.

(4)

On the hearing of an appeal under this section, the Authority may—

(a)

in the case of an appeal under subsection (1) above, allow or disallow the proposal of the sewerage undertaker or, as the case may be, make any declaration which the sewerage undertaker might have made; or

(b)

~~F6in the case of an appeal under subsection (2) above—~~

(i)

~~uphold the refusal of the undertaker to grant the application or to modify the terms offered; or~~

(ii)

~~on behalf of the undertaker, refuse the application or enter into any agreement into which the undertaker might have entered on the application;~~

and any declaration made under paragraph (a) above shall have the same effect as if it had been made by the undertaker in question.

(5)

Where the Authority makes a declaration under subsection (4)(a) above, it may, if it thinks fit—

(a)

specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and

(b)

direct that its declaration shall not take effect unless any conditions so specified are accepted.

(6)

~~F7Where~~ ~~the Authority~~ ~~makes an agreement under subsection (4)(b) above on behalf of a sewerage undertaker,~~ it ~~may do so on such terms as he considers reasonable or, as the case may be, on the terms offered by the undertaker subject to such modifications as~~ it ~~considers appropriate for ensuring that the terms of the agreement are reasonable.~~

(7)

The Authority, in deciding, on an appeal under this section, whether any declaration or agreement should be made, shall have regard to all the circumstances of the case and, in particular, to the considerations specified in section 102(5) above; F8and for the purposes of this subsection, in its application in relation to an appeal under subsection (2) above, paragraphs (a) to (e) of section 102(5) above shall have effect with the necessary modifications.

Annotations

Textual amendments

F1: Words in s. 105(1) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(5)(a), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)
F2: Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)
F3: S. 105(2) substituted (1.10.2010 for specified purposes, 1.10.2012 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 42(2), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4; S.I. 2012/2048, art. 2 (with art. 3)
F4: S. 105(2) repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(a); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))
F5: Words in s. 105(3) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 96(5)(b), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)
F6: S. 105(4)(b) and word repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(b); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))
F7: S. 105(6) repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(c); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))
F8: Words in s. 105(7) repealed (1.10.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 92(d); S.I. 2017/462, art. 4(d)(ii) (as substituted by S.I. 2017/926, art. 2(2))

Notes on Part IV

Modifications

C1: Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2: Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).