Section 105: Appeals with respect to adoption., Water Industry Act 1991

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

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

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

A 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).

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

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

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.

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

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

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

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

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.

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

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

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

Where 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.

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; and 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.

Section 105: Appeals with respect to adoption.

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