Sewers and drains—requisitioning a public sewer or lateral drain

Produced in partnership with John Bates of Old Square Chambers and Amy Taylor of 6 Pump Court

Practice notes

Sewers and drains—requisitioning a public sewer or lateral drain

Produced in partnership with John Bates of Old Square Chambers and Amy Taylor of 6 Pump Court

Practice notes

A sewerage undertaker has a general duty under section 94(1) of the Water Industry Act 1991 (WIA 1991) to ensure that the area for which it is responsible is and continues to be effectually drained. This duty is only enforceable under WIA 1991, s 18 by Ofwat. Therefore, to ensure that the domestic needs of premises can be met by linking them to the main sewerage system in a reasonable time, developers or owner and occupiers of existing premises are entitled to requisition sewers or lateral drains to meet those needs under s 98 of the Act; provided the financial conditions specified in s 99 (as amended by Water Act 2014 (WA 2014)) are complied with.

Making a requisition

A requisition is started by a service of a notice on the sewerage undertaker to provide a sewer or lateral drain. Only the owner or occupier of premises to be served by the sewer or drain, or a local authority, the new towns residuary body,

John Bates

Barrister, Old Square Chambers

Amy Taylor

Barrister, 6 Pump Court

Amy has a mixed practice that includes criminal, regulatory, family, and civil law. She has a particular interest in environmental and animal law, and has experience in Magistrates’ Court and Crown Court cases concerning waste offences under section 33 of the Environmental Protection Act 1990. She has also undertaken devilling work in drafting an advice to the Animal and Plant Health Agency.

��

During pupillage, Amy conducted research and drafted advices for members of chambers on environmental matters including obtaining information using compulsory powers under the Environment Act 1995, the end of waste test, whether an abatement notice could be varied, and permitted development rights in conservation areas.��

��

In addition to her practice at the Bar, Amy coordinates and contributes to 6 Pump Court’s environmental blog and recently gave a talk at the UK Animal Law Conference on climate change and its effects on wildlife.

��

Jurisdiction(s):

United Kingdom

Key definition:

Requisition definition

What does Requisition mean?

A document issued under the Criminal Justice Act 2003, s 29, requiring a person to appear before a magistrates’ court to answer a written charge.

UU��ֱ��