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Section 105ZD: Codes under section 105ZC: procedure

Water Industry Act 1991 · 1991 c. 56View on legislation.gov.uk

Part IV: SEWERAGE SERVICES — chapter II: PROVISION OF SEWERAGE SERVICES

Before issuing a code under section 105ZC, the Authority must—

prepare a draft of the proposed code under section 105ZC, and
consult such persons about the proposed code as it considers appropriate.

The Authority must specify the period ("the consultation period") within which a person may make representations about the proposed code.

Before a code under section 105ZC prepared by the Authority is issued, the Minister may direct the Authority—

not to issue the code, or
to issue the code with specified modifications.

Subsection (3) is subject to subsections (6) and (7).

In this section "the Minister" means—

the Secretary of State, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in England;
the Welsh Ministers, so far as the code relates to section 104 agreements for the vesting of sewers, drains or sewage disposal works in sewerage undertakers whose areas are wholly or mainly in Wales.

The power under subsection (3) may not be exercised more than once by the Secretary of State or the Welsh Ministers.

If the power under subsection (3) is not exercised by the Secretary of State or the Welsh Ministers on the first occasion on which it may be exercised by the Secretary of State or (as the case may be) the Welsh Ministers, it may not be exercised by the Secretary of State or (as the case may be) the Welsh Ministers on a later occasion.

A direction under subsection (3) must be given within the period of 28 days beginning with the day after the end of the consultation period, and a code in relation to which a direction may be given may not be issued before that period of 28 days has expired.

This section is subject to section 105ZE.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.