Statutory undertaker meaning

On 17 April 2024, JCT released the 2024 versions of its Design and Build Contract, together with the Design and Build Sub-Contract Agreement and Conditions, plus accompanying guides. Subsequently, on 15 May 2024, the 2024 iterations appeared for the Minor Works suite, namely the Minor Works Building Contract, the Minor Works Building Contract with contractor’s design, the Minor Works Sub-Contract with sub-contractor’s design, the Short Form of Sub-Contract and the Sub-subcontract. Thereafter, on 10 July 2024, JCT issued the Intermediate Building Contract with contractor’s design, the Intermediate Building Contract, the Intermediate Sub-Contract and the Intermediate Sub-Contract with sub-contractor’s design. In this analysis, David Bebb, partner at Fenwick Elliott LLP, Gemma Irving, principal associate and professional support lawyer at Eversheds Sutherland (International) LLP, and Lauren Morrison, senior associate at Herbert Smith Freehills, review the amendments and discuss how the latest editions may influence the construction sector. Overall, what do you think the advancements are in the 2024 contracts that the JCT has got correct? David Bebb: The...

Maintenance Every sewerage undertaker is under a duty to ensure its sewers and lateral drains are cleaned and kept in good order so that its area is, and continues to be, effectively drained. Section 79 of the Environment Act 2021, which will commence on a day appointed by regulations of the Secretary of State, places an obligation on undertakers to prepare, publish and maintain a drainage and sewerage management plan. Such a plan sets out how the undertaker will manage and develop its drainage and sewerage systems so that it is, and remains, able to meet its duties under Part IV of the Water Industry Act 1991 (WIA 1991). Pending commencement, the Secretary of State has required undertakers to produce non-statutory plans in early 2023 as a planning tool for Ofwat’s 2024 Price Review covering 2025–30. Companies have been asked to assess present capacity and the actions required over 5, 10 and 25-year horizons. Undertakers cannot excuse non-compliance with WIA 1991, s 94(1) by relying on outdated infrastructure...

Introduction The adoption of sewers is the mechanism by which sewers are vested in the sewerage undertaker or an appointed sewerage company, after which the undertaker meets the cost of maintenance. A sewer adoption agreement (described in this Practice Note as a ‘section 104 agreement’) is the contract that developers or, in Ofwat’s terminology, ‘self-lay providers’ (SLPs) enter into with the undertaker when the developer wishes the undertaker to assume responsibility for sewerage infrastructure they have built so that it becomes a public sewer. A sewer adoption agreement can likewise be used where a section 160 Water Industry Act 1991 (WIA 1991) arrangement exists under which the undertaker agrees to carry out works connected with constructing sewerage infrastructure at the relevant person’s expense. The statutory basis for undertakers to enter such agreements is WIA 1991, s 104. The approach to adopting new sewerage connections currently differs between England and Wales. Procedure for the adoption of sewers England In England, developers may provide their own sewerage infrastructure,...

Compliance, enforcement and offences Owner or occupier of trade premises It is an offence, carrying on summary conviction a fine not exceeding the statutory maximum, and on conviction on indictment an unlimited fine, to: discharge trade effluent from trade premises without a consent or agreement issued under the Water Industry Act 1991 (WIA 1991) breach any conditions attached to such a consent or agreement See Practice Notes: Trade effluent consents and agreements—when are they required? and Trade effluent consents and agreements—applications for further details on when and how to apply for a trade effluent consent or agreement. Agreements are enforceable between the contracting parties—namely the owner occupier of the relevant trade premises and the sewerage undertaker—insofar as they concern private contractual obligations, eg adopting a pipeline. However, to discharge trade effluent in breach of the terms of the agreement is an offence punishable on summary conviction by a fine...

Electricity Act 1989 Section 10(1) of the Electricity Act 1989 (EA 1989) sets out two routes for electricity supply companies (being licence holders under the EA 1989) to secure rights over land. One route is compulsory purchase of the requisite land or interests under EA 1989, Sch 3. The alternative is obtaining a ‘necessary wayleave’, in accordance with EA 1989, Sch 4. For additional guidance, see Practice Note: Statutory wayleaves and rights of access. Compulsory acquisition Schedule 3 draws in, subject to important modifications, provisions contained in Part I of the Compulsory Purchase Act 1965...