Sewers and drains—sewerage undertakers’ powers and duties to lay sewers and drains

Copyright © 2025 LexisNexis
Produced in partnership with Amy Taylor of 6 Pump Court and John Bates of Old Square Chambers
Practice notes

Sewers and drains—sewerage undertakers’ powers and duties to lay sewers and drains

Copyright © 2025 LexisNexis

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

Practice notes
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Undertakers’ powers to lay pipes

The powers of a sewerage undertaker to lay sewers, lateral drains and disposal mains are found in sections 158 and 159 of the Water Industry Act 1991 (WIA 1991). An undertaker will be able to exercise these powers both inside and outside of its area.

In the WIA 1991, references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe. References to the laying of a pipe include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.

Where an undertaker intends to lay a pipe—other than a storm water overflow sewer—outside of its area, it must first notify the undertaker for the relevant area of

Amy Taylor
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.
 
 

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John Bates
John Bates

Barrister, Old Square Chambers

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Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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