Section 110H: Rules under section 110F: procedure

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

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

Before issuing rules under section 110F, the Authority must—

prepare a draft of the proposed rules, and
consult such persons about the proposed rules as it thinks appropriate.

The Authority must specify the period ("the consultation period") within which persons may make representations about the proposed rules.

The Authority must have regard to guidance issued under section 110J in making rules under section 110F.

Before rules under section 110F prepared by the Authority are issued, the Minister may direct the Authority not to issue the rules.

In subsection (4) "the Minister" means—

the Secretary of State, so far as rules prepared by the Authority relate to main connection agreements under which—
the main connection into a sewerage system, or
each such connection,

is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of another such undertaker;

the Welsh Ministers, so far as rules prepared by the Authority relate to main connection agreements under which—
the main connection into a sewerage system, or
each such connection,

is or would be a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of another such undertaker;

the Secretary of State and the Welsh Ministers acting jointly, so far as rules prepared by the Authority relate to main connection agreements under which one main connection into a sewerage system is or would be—
a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in England for the benefit of a sewerage undertaker whose area is wholly or mainly in Wales, or
a main connection into the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales for the benefit of a sewerage undertaker whose area is wholly or mainly in England.

A direction under subsection (4) must be given within the period of 28 days beginning with the day after the end of the consultation period, and rules may not be issued before that period of 28 days has expired.

This section is subject to section 110I.

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