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Section 42 Financial conditions of compliance.

England and Wales

(1)

The conditions mentioned in section 41(1)(c) above are satisfied in relation to a requirement for the provision of a water main by a water undertaker if—

(a)

such undertakings as the undertaker may have reasonably required in accordance with subsection (2) below have been given by the person or persons who have required the provision of the main; and

(b)

F1such security as charging rules allow and the undertaker may have required has been provided for the discharge of any obligations imposed by those undertakings on any person who, under subsection (3) below, may be required to secure his undertakings.

(2)

The undertakings which a water undertaker may require for the purposes of subsection (1) above in respect of any water main are undertakings which—

F2(a)

bind the person or persons mentioned in that subsection to pay to the undertaker such charges as the undertaker may impose in accordance with charging rules, and

(b)

in the case of undertakings binding two or more persons, bind them either jointly and severally or with liability to pay apportioned in such manner as they may agree.

(3)

For the purposes of subsection (1)(b) above a person may be required to secure his undertakings in relation to the provision of a water main if—

(a)

it was by virtue of section 41(2)(a) or (b) above that he required, or joined in requiring, the provision of the main; and

(b)

he is not a public authority.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Any dispute between a water undertaker and any other person as to—

(a)

the undertakings or security required by the undertaker for the purposes of this section; or

(b)

the amount F5or amounts by way of charges required to be paid in pursuance of any such undertaking,

F6may be referred to the Authority for determination under section 30A above by either party to the dispute.

F7(7)

F8In this section “relevant deficit” and “discounted aggregate deficit” have the meanings given by sections 43 and 43A below, respectively.

Annotations

Textual amendments

F1

Words in s. 42(1)(b) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(a), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)

F2

S. 42(2)(a) substituted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(b), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)

F3

S. 42(4) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)

F4

S. 42(5) repealed (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(c), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)

F5

Words in s. 42(6)(b) inserted (1.4.2018) by Water Act 2014 (c. 21), ss. 18(2)(d), 94(3); S.I. 2017/462, art. 5(a) (with art. 14)

F6

Words in s. 42(6) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 90(3)(5), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)

F7

S. 42(7) substituted (28.5.2004) by Water Act 2003 (c. 37), ss. 90(4)(5), 105(3); S.I. 2004/641, art. 4(a) (with art. 6, Sch. 3)

F8

S. 42(7) repealed (1.4.2018 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 54; S.I. 2017/462, art. 5(e)(ii) (with art. 14) (as amended by S.I. 2017/926, art. 2(3))

Notes on Part III

Modifications

C1

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C3

Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5

Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))